veni001
02-03 08:08 AM
Thanks for you concern.
I would appreciate it if you can answer to my specific question. :)
Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.
Good luck.;)
I would appreciate it if you can answer to my specific question. :)
Your company would be better off by submitting audited financial to avoid any possible RFP on ability to pay! Also ability to pay not only depends on current standing, if your employer is filing more EB2 for future jobs then he/she may have to prove the business necessity as well.
Good luck.;)
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sa.node
02-15 09:01 PM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
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mmanurker
10-03 04:28 PM
I e-filed AP(I-131) and mailed the supporting docs 2-3 weeks after filing...
so far no RFE or Approval....
Supporting docs I sent:
Confirmation receipt
Copy of i485 Receipt notice
2 recent color photos
Copy of Drivers License
Copy of Passport
Copy of previous approved AP and
Current i94 copy
so far no RFE or Approval....
Supporting docs I sent:
Confirmation receipt
Copy of i485 Receipt notice
2 recent color photos
Copy of Drivers License
Copy of Passport
Copy of previous approved AP and
Current i94 copy
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andy_traps
03-20 03:20 PM
The Orange County Register has an article about Immigration related policy making (CIR?) that is going on behind the scenes.
http://www.ocregister.com/ocregister/news/nationworld/article_1624369.php
Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?
Andy
The text of the article:
Kennedy says immigration bill will happen
California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
By DENA BUNIS
The Orange County Register
WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.
The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.
"It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''
Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.
"We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "
Villines attended the meeting with Kennedy but skipped the following news conference.
"If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.
When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.
That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.
President Bush supports such a plan despite vocal opposition from members of his own party.
Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.
Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.
Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.
"If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.
Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.
But Nu�ez said he doesn't favor such an approach.
Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.
"If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."
http://www.ocregister.com/ocregister/news/nationworld/article_1624369.php
Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?
Andy
The text of the article:
Kennedy says immigration bill will happen
California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
By DENA BUNIS
The Orange County Register
WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.
The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.
"It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''
Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.
"We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "
Villines attended the meeting with Kennedy but skipped the following news conference.
"If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.
When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.
That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.
President Bush supports such a plan despite vocal opposition from members of his own party.
Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.
Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.
Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.
"If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.
Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.
But Nu�ez said he doesn't favor such an approach.
Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.
"If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."
more...
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saps
03-16 03:44 PM
We are in the same boat. We also filed our I-485 separately through our respective employers but we have not requested to merge the applications yet. From my consultation to an attorney, you have following options:
1. If you already have receipt numbers for your case, you should send the copies of your I-485 receipt notice and approved I-140 along with your spouse's application. Attach a cover letter requesting to append your spouse's file with yours. That way, you don't have to do a separate step of letting USCIS know later on. Don't forget to include a copy of marriage certificate.
2. In case you do not have receipt numbers for your case (which was our case), your spouse can fill out his/her application and then wait to receive notice receipts for both of your applications. Notify USCIS about merging your applications. From my understanding, there is no way of confirming if the files were merged so this doesn't gurantee that they will be merged.
or
You can wait till one of you get your green card approved. Once you are approved, you can take an infopass apointment and request spouse's adjuciation based on your spouse's approval and your pending application. Not sure , but you can also file follow to join (which takes 6 months) for the other member to receive GC once you have one approved GC in hand. You don't have to depend on PD after this.
I honestly recommend taking a second opinion from attorney and would really appreciate if you can share what your attorney recommends.
Hope this helps!
Thanks
1. If you already have receipt numbers for your case, you should send the copies of your I-485 receipt notice and approved I-140 along with your spouse's application. Attach a cover letter requesting to append your spouse's file with yours. That way, you don't have to do a separate step of letting USCIS know later on. Don't forget to include a copy of marriage certificate.
2. In case you do not have receipt numbers for your case (which was our case), your spouse can fill out his/her application and then wait to receive notice receipts for both of your applications. Notify USCIS about merging your applications. From my understanding, there is no way of confirming if the files were merged so this doesn't gurantee that they will be merged.
or
You can wait till one of you get your green card approved. Once you are approved, you can take an infopass apointment and request spouse's adjuciation based on your spouse's approval and your pending application. Not sure , but you can also file follow to join (which takes 6 months) for the other member to receive GC once you have one approved GC in hand. You don't have to depend on PD after this.
I honestly recommend taking a second opinion from attorney and would really appreciate if you can share what your attorney recommends.
Hope this helps!
Thanks
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gimme_GC2006
07-31 06:15 PM
thank you..I hope everything goes well. Hopefully will get greened this time :)
more...
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sudiptasarkar
11-06 08:38 AM
Hi,
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
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godbless
05-31 07:46 PM
I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
more...
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ronhira
10-08 05:52 PM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
JwbLZYSCCiw
JwbLZYSCCiw
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ragnarok
07-19 02:39 PM
I've entered the US in 2000.
Can you explain what PD and EB is?
Can you explain what PD and EB is?
more...
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Ann Ruben
02-07 09:23 AM
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
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sertasheep
06-30 04:33 PM
How many of you are willing to share your name and full details of yourselves and application with the media and lawmakers?
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smuggymba
05-11 02:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
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ivar
07-12 06:30 PM
Is it legal to file two I-485's ? If anyone can point to exact legal document or clause number.
more...
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thomachan72
10-15 03:44 PM
sshrika:
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?
I think you are positioned well with a full time position and income.
Here is what I would suggest. Continue with your full time job and on the side start looking for a job and make sure that you get hold of good consulting company(ies). If they find you a position, they will/may file for the H1B Xfer. Once the H1b exfer is complete, you can go an join them.
This is all easy said than done. You will have to find a position where the client is willing to wait for your H1B approval and etc. Since you are already on an H1B all you need is a receipt number for the new H1B, but it is getting tricky with denials these days. You dont want to leave your existing full time job and join the consulting company only to realise that the H1B xfer did not go through.
Best wishes
Mattresscoil!!
So if he initiates H1b transfer but as you said waits with the current employer and if his transfer gets denied will that affect his current H1b?? or is he safe to continue with the current employer?
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nixstor
11-17 09:38 AM
Guys.. It has to pass through the house still..
more...
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rheoretro
09-13 05:22 PM
my american colleagues do know about immigration problem.....they dont give a jack.........afterall they dont even socialize much with co-workers....i am here in alabama.......i dont know how it is in other places...
I can't help you because of your situation. Much better in other places.
I can't help you because of your situation. Much better in other places.
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chint001
11-25 11:54 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
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eb3retro
06-29 12:56 PM
i invoked ac21 twice..never asked even a single question to the employers, infact my current job title is not even close to the job title that my labor was filed long time ago, i am very confident, i will change my mind and go back to india for good, before my PD of jan 2003-India becomes current. just cant ruin my career and life thinking about things that are not in our control..just my opinion, not an advice. if u get struck with a sick job for years due to the GC mess, it justifies itself for all these decisions. even if they issue an RFE and my GC gets denied, i care a less about it, cos it lost its importance when it took this long..atleast i am doing some work right now which will help my career on a long term basis.
pd052009
09-13 12:31 PM
No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(
gg_ny
02-16 02:56 PM
http://www.immigrationportal.com/archive/index.php/t-191393.html
Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).
Am I understanding this right ?
FOR H1/L1 They do a FBI background check
FOR I-485/CP They do a Name Check
Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...
Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.
