senthil1
06-20 09:34 AM
You will be surprised that even with the restrictions H1b cap will be reached but not in one day or one month but within an year as demand will be there. These restrictions will impact only Indian bodyshoppers who are running just by H1b. Though H1b will be costly if CIR in the same form is passed but Most of good companies will overcome. So if you want to relative number of gc then you need to increase Gc by atleast 50 to 100% from current level.
Well..if thats the case they seem to have gotten a bad deal cause even togh the H1B visas will increase - there is still the $5000 inc in fee with other restrictions on consulting, removal of dual intent plus the Sanders amendment that deals with layoffs - these conditions nullify whatever the inc in numbers is
Well..if thats the case they seem to have gotten a bad deal cause even togh the H1B visas will increase - there is still the $5000 inc in fee with other restrictions on consulting, removal of dual intent plus the Sanders amendment that deals with layoffs - these conditions nullify whatever the inc in numbers is
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stucklabor
03-17 07:26 PM
Piyushpan, I see this provision as:
1. If you have an advanced degree from the US after the bill is passed
2. If you are smart enough for EB1 self-sponsorship OR can find an employer to sponsor you as Eb1 or Eb2
3. Either way, you need to go through I140.
4. Then you can file for Adjustment of Status, either concurrently, or after the 140.
I am not sure if you will still be subject to the numerical quota, or if you have to go through labor cert..
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
1. If you have an advanced degree from the US after the bill is passed
2. If you are smart enough for EB1 self-sponsorship OR can find an employer to sponsor you as Eb1 or Eb2
3. Either way, you need to go through I140.
4. Then you can file for Adjustment of Status, either concurrently, or after the 140.
I am not sure if you will still be subject to the numerical quota, or if you have to go through labor cert..
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
saravanaraj.sathya
07-18 09:04 AM
I also have the same issue. Can we get some help on resolving this. I think USCIS should accept with some proof that I-140 is already filed.
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gapala
03-20 10:16 PM
gapala -
You are mixing apples and oranges.
Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved. only if he already has a approved H1b from other sponsor
H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates. (status remains same due to transfer... but the question is whether some one can work for a non sponsor? My take is NO.)
OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.
_______________________
Not a legal advice.
US citizen of Indian origin
see in red.
Desi, with due respect, I have to clarify this, I am not talking about H1B status here I am talking about "unauthorized work" part upon change of sponsor.
You are mixing apples and oranges.
Visa Portability (as per AC-21) allows one to start employment after filing for H-1B petition, before H-1B petition os approved. only if he already has a approved H1b from other sponsor
H-1B Transfer does not invalidate current employment status (if on H-1B status) and beneficiary can continue working for original Employer A based on that I-797 validity dates. (status remains same due to transfer... but the question is whether some one can work for a non sponsor? My take is NO.)
OP needs to explain to USCIS that he never switched jobs on new H-1B approval and continued job on the basis of original I-797 dates. He was not out of status.
_______________________
Not a legal advice.
US citizen of Indian origin
see in red.
Desi, with due respect, I have to clarify this, I am not talking about H1B status here I am talking about "unauthorized work" part upon change of sponsor.
more...
Hinglish
03-13 05:50 PM
Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Sorry , but I dont think that it is possible to do that ...
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
Sorry , but I dont think that it is possible to do that ...
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
texanmom
08-14 05:52 PM
Alisha has been my immigration attorney since I completed my schooling. She did my H1B, labor and I140.
She has been very very responsive, and is now a great personal friend. I'd be happy to recommend her to everyone who needs an attorney.
Alisha Clester Campos,
Morley & Morley, P.C.
5909 West Loop South, Suite 300
Bellaire, Texas 77401
713-839-9955 Phone
713-839-7249 Fax
She has been very very responsive, and is now a great personal friend. I'd be happy to recommend her to everyone who needs an attorney.
Alisha Clester Campos,
Morley & Morley, P.C.
5909 West Loop South, Suite 300
Bellaire, Texas 77401
713-839-9955 Phone
713-839-7249 Fax
more...
Jaime
09-06 04:46 PM
Let's change more minds! How many minds have you personally helped change?
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little_willy
06-14 11:38 PM
Interesting points. I have a question. When changing employers, after 180-day portability period, do we need to use the EAD or can the new employer file a new H-1B petition on your behalf essentially keeping your non-immigrant status valid at the same time your I-485 applied through your previous employer is still pending. Thanks.
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
Vinn,
Here are just a few that I can think of rightaway.
1. Once shifted to EAD you loose opportunity to renew or apply for a new H1B if you have not completed six years though.
2. You have to apply for EAD renewal every year and much in advance. H1Bs are issues for 3 year periods.
3. Suppose there is a delay in getting the renewal, you are NOT allowed to work until the renewal comes through. Renewal duration depends on the work load.
4. Fee of EAD is being hiked to $340 per year.
5. Couple of my EAD starting date was the approval date even though the current EAD had not exipred effectively loosing couple of months validity each time.
6. Due to some issues if I-485 gets revoked the EAD/AP are invalidated the very next moment and you accumulate illegal stay and would not have time to get the process going.
On the other hand having a H1B you can apply for EAD any time or not even apply if you have sufficient validity on it. Suppose the I-485 gets rejected you can reapply for a new one or from an another employer and still work/live legally in the US.
EAD allows you to work any type/number of jobs that is the big PLUS though!
TIA
more...
nrakkati
03-21 04:45 PM
Come on man....there is nothing called transfer. Every H1B is new. Only thing is its not counted against the cap when you change the employer.
Thanks snathan, for the response.
I too think every H1B is NEW. Why I am stressing on this point is, since I am in the 'situation' now, I feel little pinch and I was looking for any pointers that closes the door for this doubt. Just like the one desi3933 pointed out.
I am confident and feel pretty safe now. Thanks to Desi3933
Like many suggested here, I go with the attorney and have him/her answer the RFE.
I will update the thread as I find more to help this community with similar situation.
Thanks snathan, for the response.
I too think every H1B is NEW. Why I am stressing on this point is, since I am in the 'situation' now, I feel little pinch and I was looking for any pointers that closes the door for this doubt. Just like the one desi3933 pointed out.
I am confident and feel pretty safe now. Thanks to Desi3933
Like many suggested here, I go with the attorney and have him/her answer the RFE.
I will update the thread as I find more to help this community with similar situation.
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GCwaitforever
07-06 02:19 PM
Some non-IT companies would not sponsor H-1B visas because of unwanted complex process/paper work or they can not compete for visas filed left and right by big companies. The job is not going to wait for the visa availability. Please stop nonsensical, insensitive posts without knowing the reality and frustrations.
more...
pappu
05-17 11:21 AM
Thank you for participating in the national phone campaign we ran for the last 2 weeks.
We got feedback on some calls that were made and it was encouraging.
We are now starting a campaign to contact our lawmakers and media offices.
Please click on ImmigrationVoice.org - Advocacy -- Legislative Action Center (http://immigrationvoice.capwiz.com/immigrationvoice/home/)
or the icons on the top of IV page to participate in the action alerts.
This campaign is very simple.
It will not even take 5 minutes of your time.
Please spread the word around so that we can flood the offices with our emails. This will help in the event we are planning for next month. See IV announcement: Advocacy Days in Washington DC: 7th & 8th June - Page 3 - Immigration Voice (http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1437978)
- Team IV
We got feedback on some calls that were made and it was encouraging.
We are now starting a campaign to contact our lawmakers and media offices.
Please click on ImmigrationVoice.org - Advocacy -- Legislative Action Center (http://immigrationvoice.capwiz.com/immigrationvoice/home/)
or the icons on the top of IV page to participate in the action alerts.
This campaign is very simple.
It will not even take 5 minutes of your time.
Please spread the word around so that we can flood the offices with our emails. This will help in the event we are planning for next month. See IV announcement: Advocacy Days in Washington DC: 7th & 8th June - Page 3 - Immigration Voice (http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1437978)
- Team IV
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gauravster
02-25 10:11 AM
No immigrant Visa is available until the thing is current. From my understanding, Adavnce Parole is not a visa. Quoting from the net.
"Advance Parole is permission for certain foreign nationals, who do not have a valid immigrant visa, to reenter the U.S. after traveling abroad"
"Advance Parole is permission for certain foreign nationals, who do not have a valid immigrant visa, to reenter the U.S. after traveling abroad"
more...
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gc_delhi7
12-23 07:28 PM
I work for company A on H1 B. Got offer from company B and I accepted it set all the papers for H1 B transfer. Company B filed for LCA and recvd. it. They are ready to file for H1 B transfer. Gave notice to company A and they countered the offer and I want to stay.
Now my concern is as Company B has filed for LCA but H1 transfer is not filed yet. If I decline the offer will it effect my current H1 B?
do my present employer Company A needs to file another LCA?
Now my concern is as Company B has filed for LCA but H1 transfer is not filed yet. If I decline the offer will it effect my current H1 B?
do my present employer Company A needs to file another LCA?
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factoryman
02-13 01:28 PM
Becoming aware of what is holding back is what I am trying to achieve. When you have such awareness, you also have the ability to change.
The proof of the pudding is in eating. I beleive we have stopped HLGs and others from stealing unused EB3 visas exclusively for one retrogressed category.
The proof of the pudding is in eating. I beleive we have stopped HLGs and others from stealing unused EB3 visas exclusively for one retrogressed category.
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gcisadawg
01-13 01:28 PM
If your case is EB2 worthy. It makes a lot of sense. I have many friends who did that and they have their GCs now. While I'm rotting in this mess... my fault: I didn't convert to EB2 which I could have.
dude,
How would one decide if the conversion has merits? In my case, I have EB3(I) PD of 2003. In the past 5 years, I've gained progressive experience thru my job. Is there any benchmarks or guidelines on when to convert from EB3 to EB2?
Thanks,
GCisaDawg
dude,
How would one decide if the conversion has merits? In my case, I have EB3(I) PD of 2003. In the past 5 years, I've gained progressive experience thru my job. Is there any benchmarks or guidelines on when to convert from EB3 to EB2?
Thanks,
GCisaDawg
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Hermione
09-19 06:33 PM
Good post. Politics is a game of give and take. One thing legal immigrants should learn is not to distance themseves too much from the cause of illegals. If we support DREAM act, they will support SKIL bill. If we support admission bar repealed or 245(i), they will support higher numeric quotes and not counting of dependents. Think about it, our common goal is the same - to have a fair immigration system, where every desrving person has a chance to come to this country legally and with dignity.
more...
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poorslumdog
03-28 02:58 PM
Well Well Well ................
getgreensoon1 with you being a junior memeber how on the earth were you able to get a quote of my post if all my post have been stopped and nothing i post gets on any page.
Now that sounds fishy and it looks like you are an admin or a donor who has access to the web page and are hiding under a junior member name named getgreensoon1. this confirms what i am thinking that all that psotive money posts were all fakes and created by a few members like you to dupe the public into thinking you have such a big support. Of course this does help in the geneuine members donating to the cause anmd it works well for you
Anyway thanks for reposting my posts. You are helping me get my message across even them i have been blocked.
Now if you are a person who has cojons which work and are not for show and if you have guts (which i highly doubt) and of course cojons (which you might have but i think are not being used)
YOU WILL REPOST THIS MESSAGE AS IS WITHOUT ANY CHANGES
Remember if you make any edits then it reflects on your birth.:D
There is no limitation for anyone's stupidity.
May be are you very egar and longing for cojons ?
what kind of girl you are...?
getgreensoon1 with you being a junior memeber how on the earth were you able to get a quote of my post if all my post have been stopped and nothing i post gets on any page.
Now that sounds fishy and it looks like you are an admin or a donor who has access to the web page and are hiding under a junior member name named getgreensoon1. this confirms what i am thinking that all that psotive money posts were all fakes and created by a few members like you to dupe the public into thinking you have such a big support. Of course this does help in the geneuine members donating to the cause anmd it works well for you
Anyway thanks for reposting my posts. You are helping me get my message across even them i have been blocked.
Now if you are a person who has cojons which work and are not for show and if you have guts (which i highly doubt) and of course cojons (which you might have but i think are not being used)
YOU WILL REPOST THIS MESSAGE AS IS WITHOUT ANY CHANGES
Remember if you make any edits then it reflects on your birth.:D
There is no limitation for anyone's stupidity.
May be are you very egar and longing for cojons ?
what kind of girl you are...?
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venky08
06-08 04:48 PM
Maybe this is a "grand scheme" to get people like us who are complaining about the current system to realize that our current system really rocks! (from what really bad nightmares it could be instead)!
good sense of humor...:)
good sense of humor...:)
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franklin
09-27 04:22 PM
If I am offending anyone who tries to predict on visa bulleting cut-off days, I am sorry for doing so in advance. The agencies involved in this process themselves are out of clue and it is clearly pointed out by ombudsmen himself. I am still puzzled how they derive the cut-off days every month without such statistics? In the past there were numerous statistics regarding the cut-off date prediction and not even came close to what is getting published. This is one department who defy any logic in determining the cut-off dates. I think it is mere waste of time and energy in trying to do so at our end based on my past experience.
Thanks
No offense taken - I totally agree
Thanks
No offense taken - I totally agree
va_dude
09-18 10:14 AM
AC 21 and EAD are two completely disjoint things.
You can invoke AC 21 and switch to a different job and you could either use your EAD to join the new emplyer or even transfer your h1b to the new employer.
You can invoke AC 21 and switch to a different job and you could either use your EAD to join the new emplyer or even transfer your h1b to the new employer.
gcisadawg
03-24 10:51 PM
I do not think this is the case with OP, given that I quote, Employer X offiered me a job and sponsored my H1B and got it approved too". I guess this is a new H1B filing rather than a transfer from Employer #2 to Employer X. if this is a transfer, OP is in trouble as you suggested and the employment from transfer approval date till now will be considered "unauthorized work".
could you confirm whether Employer X thing is a transfer or fresh filing?
There is no such thing called H1B Transfer. You either file an Extension with your existing employer or a New H1B whenever you change an employer. New H1B may or may not come under quota.
One can have multiple H1B's. In this case, he had multiple H1B for several months butb used only one them. So, he was in H1B status all along with a employer who filed his H1B petition.
could you confirm whether Employer X thing is a transfer or fresh filing?
There is no such thing called H1B Transfer. You either file an Extension with your existing employer or a New H1B whenever you change an employer. New H1B may or may not come under quota.
One can have multiple H1B's. In this case, he had multiple H1B for several months butb used only one them. So, he was in H1B status all along with a employer who filed his H1B petition.
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