Wednesday, June 8, 2011

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  • clockwork
    08-26 01:09 PM
    Clockwork : Yes I am talking about LUD on approved
    I-140. Even I have the same date, so I was just curious. Good to know that yours is cleared. Mine may be next week....

    Yeah. Best of Luck. I believe, most of the cases submitted on July 2nd will be receipted before this month end. Thanks -





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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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  • munnu77
    02-04 05:08 PM
    My frinds 140 got approved today..
    receipt date August 21 2008
    Approval date januray29 2009
    EB3 Texas service centre
    american company- Non IT





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  • shaikhshehzadali
    07-11 02:03 PM
    May be it was the Attorney General Alberto, not Emilio Gonzales. He is coming after you for bribing a federal official.

    Just Kidding :) But interesting though.:cool:

    If u see the tracking...the package has been redirected..I am sure..it's not the Gonzales who u think he/she is.



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  • xyzqwer
    01-23 07:12 AM
    Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck

    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?





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  • bobzibub
    01-11 10:36 AM
    Use dice.ca monster.ca or workopolus.com or something.

    It is true that the US will be heading for quite difficult times ahead.
    They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.

    Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.

    Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.

    Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.

    Pick your poison!



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  • sintax321
    04-29 04:31 AM
    cybergold





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  • theconfused
    12-15 09:57 PM
    Dear Nousername,

    Thanks for your reply.

    My time period without pay stup was 4 months and 14 days = 134 days.

    How much was the gap (without pay stub) for you?

    Thanks



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  • desi3933
    03-09 12:01 PM
    This is my understanding.

    when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.

    How will USCIS know that the beneficiary has switched out of H1 status ?

    You are right.

    Employer must pay H-1 employee salary until
    1. employee is notified of job termination (or employee resigns)
    AND
    2. USCIS is notified of such termination by request to cancel the H-1B petition.


    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • suny_saini
    07-24 07:20 AM
    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?



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  • WeShallOvercome
    11-13 04:55 PM
    USCIS has accepted my application and we received the receipts today. Thanks to USCIS. They are being lenient.

    That is GREAT!

    I can understand what you have gone through and it must be a big relief for you !

    Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)

    Good luck and enjoy the feleing now





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  • chi_shark
    06-24 05:56 AM
    Yes I am still waiting. No luds other than the ones for supporting documents.


    Same here.

    I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.

    Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.



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  • akhilmahajan
    04-20 11:50 AM
    Well said sir.

    It really paints a true picture for all of us.





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  • Jonas73
    04-22 10:03 PM
    Hi, Yes I have a EB3 (even that I have a Masters degree and 6 years of experience) as my job only required a BS degree etc when I started working. So my understanding is now that what ever I do I need to get a new Labor/PERM and a new position within my company that requires MS degree etc that would qualify for EB2. Even if my I-140 gets approved within reasonable time I still have to wait in eternity for my date to be current under EB3? (the last time I looked back on the previous visa bulletins it looked like it was 2 years ago the EB3 was current (or PD 05 or something). That means that I will have to wait maybe 3-5 years before I can even apply for the I-485? Even that I do have the requirements for a EB2 and my company would have no issues qualifying my job to require a MS degree.



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  • chakdepatte
    03-27 09:09 AM
    Hi Everyone,

    I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.

    I wanted to know what options do i have and what would be the repurcursions.
    1. extend thier stay. if so, whats the process.
    2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.

    Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.

    Your opinions and suggestions will be greatly appreciated.

    Thanks





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  • ss1026
    07-06 01:27 PM
    Since 2000, a total of 182,694 work-based visas have not been given out because the immigration agency had fallen behind in processing applications, according to the 2007 report of the immigration agency�s ombudsman.

    as per ny times report...

    http://www.nytimes.com/2007/07/06/us/06visa.html?_r=1&hp&oref=slogin

    This number is down to 132K as 50K were captured by the nursing/medical lobby probably in 2004 or 2005. Google for more info



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  • gparr
    January 21st, 2004, 08:58 AM
    Matt, There were patchy clouds so the shutter speeds were all over the place but never slower than 1/300, which is why the lens was wide open. I was scraping for every ounce of light I could get and I knew the extremes of sunlight on one side of the geese and shadows on the other were going to cause me problems, regardless. I did think about swimming out there and hanging a sheet on the left to reflect, but it was zero degrees and I just wasn't up to it. ;)
    I was going to reshoot this morning, with smaller apertures and a higher ISO to retain shutter speeds but, as things go in Illinois in the winter, yesterday was probably the only sunny day we'll get this week, so no warm morning sun to shine on the geese. It's a popular hangout spot for geese, so I'll try the shot again. I'm not all that excited about the shot itself, but it's an excercise in perfecting the miniscule talent I have.
    Don't worry, I have enough sense to not touch a 1D unless my pockets are bulging with disposable income because I know that, once I do, I won't sleep until I have one!
    Don,
    Thanks for the thoughts. I tend to go right to manual. I'll incorporate Av and Tv modes into my shooting to see if I like them and/or can get comfortable with them. Usually, once I go to that side of the dial, I figure I might as well do all of the work. Agreed on the fully automatic side. I've used it a few times to see what it would do, but I just can't get comfortable with allowing a computer to dictate how my image will look, outside of composition. And I doubt I'll ever rely on the automated side of the dial.
    Gary

    Bring RETROGRESSION into FOCUS - AMAW (A Message A Week) [Archive] - Immigration Voice

    View Full Version : Bring RETROGRESSION into FOCUS - AMAW (A Message A Week)






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  • srinivasj
    05-18 02:13 PM
    Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D

    I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...





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  • diptam
    04-13 01:15 PM
    Thanks all - I understand an independent status for my wife is the solution. But saying that and working that out in real life is the difference.

    a) When peoples like me who are working here for 9+ yrs is having a hard time finding a new Job on H1 ( not just consulting employer a real employer) because major companies are scared of hiring a new H1 until the dust settles - It will be way difficult for my wife to create a new H1 position.

    b) Regd. F1 it has to be a fulltime course and we have a 2 yr old Kid. Sending him to daycare , finding a Fulltime course for a new F1 and funding both operations by a single Job may be another challenge.

    I was wondering if the respected lawyers here at IV could first show me some direction and i'll follow that.





    Saarissimo
    06-03 05:08 PM
    Thank you all for your replies and comments. A few things I know based on previous research:
    1. Any person, whether in the US or not, can be an investor (and hence hold equity) of an LLC or C corp. When it comes to an S-corp, all owners must be US citizens. So owning a stake in a company has nothing to do with work permit (i.e. H1-B)
    2. Any company that can prove employer-employee relationship can sponsor H1B for its employees, even if the employees are owners in the company. There are many start-ups in the US where some of the founders work in the company on an H1-B. However, the lion share of those are C-Corps

    My questions are:
    1. Can an LLC sponsor an H1B visa for one of its (major) shareholders
    2. If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    I hope this all makes sense.

    Thank you all in advance.





    Legal_In_A_Limbo
    01-15 10:11 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.

    My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.

    So what you suggest what should be my bext step.



     
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