Thursday, June 16, 2011

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  • spicy_guy
    08-05 01:35 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)




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  • raysaikat
    02-16 09:32 AM
    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)?
    Yes.

    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

    This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.

    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".

    There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.

    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.
    This is the preferable option.

    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.
    ;)
    [QUOTE=sa.node;2357341]

    I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.




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  • wandmaker
    08-17 12:31 AM
    You will have to include Medical (if you dont have time send it after you receive the RFE). Take sometime to search for HOW TO SKIP MAIL ROOM, many people have done that during July 2007 fiasco.

    We got a rejection notice for my wife's 485 & 765 application. The notice said

    ============
    "Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
    The following documents may be provided:
    Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
    Your original Form I-360 if you are filing concurrently; or
    A copy of your Form I-797 if the petition has already beed filed/approved; or
    Other evidence that an immigration visa petition has been filed/approved on your behalf.
    ==============

    My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
    We have included following documentation in the package

    1) Forms 485 ,765 , G 325 A
    2) passport copy
    3) Birth certificate and affidavits
    4) My 485 receipt notice
    5) My I 140 approval
    6) Letter from the employer saying that i am still employed with them
    7) Pay stubs

    Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.




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  • newbie2020
    10-05 11:40 AM
    Yes if someone followed closely on EB3Chinese website you would notice they filed a class action suit and still going back n forth with USCIS on that. I would certainly appreciate the Transparency of EB3Chinese on money being spent on lawsuit as well as taking lead on filing a lawsuit.

    If they win the lawsuit you can expect 100s more from chinese/indians/ROW etc

    Transparency brings more clarity and more donors ofcourse as the donors know where their money is being spent.



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  • go_guy123
    01-11 05:19 AM
    It would be hard to find a similar paying job in canada. Is there some kind of legal issue I would be in if I dont migrate to canada? Will I be barred from ever entering that country again?

    Canada PR rules have been tightened in Feb 2008. Once you lose it , next time you may not get PR if you apply.




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  • kishdam
    10-18 05:08 PM
    My employer is not giving me copy of Labour certificate. I know all numbers. Do I need a copy of AC21

    I'm not an expert but thru these forums got the understanding that you dont need a copy of labor cert (if you have its even better). Most employers dont share that anyway - except maybe the desi consulting companies (we may not like them but sometimes for GC purposes I feel that they are ideal companies - atleast they understand what we are talking about).

    Regarding I140 - I am not sure but saw conficting opinions - some thought its OK even without a copy of this one too but some suggested its better to get one. In any case having the case numbers would help I guess.

    Is I485 receipt may be needed.



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  • whitecollarslave
    02-12 12:28 AM
    As valid an argument it may be, buying a house as a bargaining tactic will create a lot of bad publicity and would be counter-productive. I think if we want to do gandhigiri, lets send flowers to Senator Grassley. If you want to make an impact, do the unusual.

    Imagine how media will report something like that. Even when Grassley is dead against EB people, those very same people are sending flowers to him, not asking for anything, not demanding anything, just respectfully reminding him that not all immigrants are bad, some are really instrumental to making this country great.

    We should write a simple, short, positive, and respectful message without sarcasm and without asking for anything. Instead of saying how we can be helpful *if* we have a green card, lets just focus on how we are already a positive contribution to American economy and national interest despite the clouds of uncertainty. Some things are better left unsaid to get the message across. Instead of us saying it, let the media report it - imagine how much more their contribution could be if they had green card.

    Here are some suggestions for short messages -

    I am a physician with NIW working in town/area which is medically under served. I am not taking away any American jobs.

    I am foreign but not cheap. I earn xxx. My income is x% above average wage in my profession; x% above the higher end of prevailing wage standards set by DOL. In addition, my employer is paying 10-20K in immigration costs, some of which goes to train more Americans in STEM.

    I am doing research in some field of humanitarian or national interest. e.g. bio medicine, green technologies, etc.




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  • rick_rajvanshi
    03-20 03:55 PM
    USCIS Announces New Requirements for Hiring H-1B Foreign Workers
    Changes Apply to Companies that Receive TARP Funding

    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.

    The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

    EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

    USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

    However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

    USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.

    For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.



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  • kukitron
    12-14 08:28 AM
    Most of them get cash,
    Where I live in a chicago suburb, we got flooded in the last 3 years with them, it is just insane the amount of people who arrived in such a short time,

    You'll see them in the store buying everything in cash,
    maybe some of the have my or your SSN, those guys don't respect anything...




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  • pd052009
    10-26 02:53 PM
    While keeping the hopes in DREAM act, get a job, start GC process and you are welcome to join our line.



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  • kaybeedee
    11-05 11:18 AM
    Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec




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  • sai_srinivas
    05-31 08:09 AM
    Can someone provide their experience/opinion on this?



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  • hebbar77
    11-18 06:26 PM
    its down, so .. so what? how does it matter?




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  • redelite
    08-26 04:01 PM
    fixed.... http://www.kirupa.com/forum/attachment.php?attachmentid=47721&stc=1&d=1219780843


    //Edit: woops.. sorry for double post



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  • Immi_Chant
    07-28 05:01 PM
    Thanks roseball and kriskris for your responses.

    -Immi_Chant




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  • transpass
    09-28 01:06 PM
    My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.

    As far as I know, it should not happen. This is bizzare...May be it was a mistake in ur friend's case...



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  • mrcmic
    07-25 01:27 PM
    Just called them a moment to put a service request.
    But the IO side it may take several weeks or a couple of month to have any feedback.
    I am worrying I have to resubmit another copy.




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  • vasudevan_c
    02-15 09:25 AM
    Yes, it is possible because H1-B is a dual intent visa.




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  • cygent
    07-02 02:13 AM
    Hello IVans,
    Does anyone feel the same? any thoughts?

    But only because they know everybody will be frustrated with the wait & opt for PP - Another clever manipulation IMHO.




    kirupa
    09-04 02:03 AM
    Joe - I just tested out kWordpad (http://www.kirupa.com/forum/showthread.php?t=265975), and it actually works the way you want it to. You can hit the Bold button and begin typing, and all of the text appears in Bold. Is that not what you are seeing?




    samrat_bhargava_vihari
    02-12 09:43 AM
    http://immigrationportal.com/showthread.php?p=1607056#post1607056



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