amar123
07-28 01:09 PM
Any of you in EB -2 with PD after Jun 2006 and have a soft LUD on AP?
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.
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.
vxg
09-17 11:48 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
abcdefgh
03-29 12:48 PM
If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.
more...
manchala
10-19 06:01 PM
I donated 50$ recently. It is nothing compared to what others did but it is a start
Nice idea, but here is what I think...
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
Nice idea, but here is what I think...
Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
jackrock79
01-13 03:56 PM
Yes. This is an old case.
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?
Thanks!!
more...
Better_Days
04-07 01:20 PM
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
I will talk to my employer once I get my I-140 for EB3 approved and see what happens. Thanks for your response, it is appreciated :)
venky08
06-24 12:42 AM
Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.
EB3 (other workers) were unavailable in july 07 bulletin...that does not mean they were stopped accepting applications without notice...Arkbird do you agree on this explanation?:confused:
EB3 (other workers) were unavailable in july 07 bulletin...that does not mean they were stopped accepting applications without notice...Arkbird do you agree on this explanation?:confused:
more...
qualified_trash
09-01 11:29 AM
did not know there was an IV core group fan club :-)
fromnaija
07-18 06:11 PM
Photographs are not big-deal. USCIS will RFE for them.
Hi,
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
Hi,
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
more...
GCSOON-Ihope
11-02 10:25 AM
Can someone here on this forum list down all the documents that are required to file 140 and 485. Or if this has been discussed in a thread can you please point me to the right forum?
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
dhesha
08-28 02:07 PM
IV member Venkat80 posted this mail but has removed it for some reason.
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
more...
jayleno
09-23 04:43 PM
:D:D Great sense of humor....or are serious?
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
kondur_007
09-24 02:38 PM
Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.
Good decision. Wish you best of luck!:)
Good decision. Wish you best of luck!:)
more...
gc_peshwa
12-09 10:54 AM
Thanks IV for the update!
Good news guys...This is getting exciting now. Pleasantly surprised with 59 yes votes. Thats a good number. President Obama may have pulled off a miracle by extracting the GOP YES to DREAM by supporting their agenda of tax cuts for wealthiest Americans. Its politics afterall!
Good news guys...This is getting exciting now. Pleasantly surprised with 59 yes votes. Thats a good number. President Obama may have pulled off a miracle by extracting the GOP YES to DREAM by supporting their agenda of tax cuts for wealthiest Americans. Its politics afterall!
fatjoe
08-25 11:03 PM
fatjoe,
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
more...
MatsP
January 30th, 2006, 08:22 AM
DMT: I couldn't agree more, magazines write differences up or down to make a point - and of course none of us would actually read a magazine where they tested three competing models of DSLR's and the article said "They are all good, just buy any and you'll be happy" - we want them to say that one of them is the best and that the others are ranging from so-so to absolute rubbish [althouhg I probably couldn't tell the difference]. I've had the same discussion on other subjects of magazine articles. Also look at which brand advertizes more and less in a magazine. The journalist working for a magazine MAY not want to upset the biggest advertiser. Further, they need to get "Free test samples". In a motorcycle magazine, one model of Triumph was written down quite badly. Triumph wrote to the publisher and said essentially "If you don't write better about the next bike we lend to you, we will not give you bikes for tests in the future".
Back to the subject, however: It's important to know what YOU are looking for in a camera. What sort of photos/occasions are you intending to photograph: sports, nature, family & friends, outdoors, indoors, close-up or far away, etc, etc?
--
Mats
Back to the subject, however: It's important to know what YOU are looking for in a camera. What sort of photos/occasions are you intending to photograph: sports, nature, family & friends, outdoors, indoors, close-up or far away, etc, etc?
--
Mats
sankar_203
04-20 10:20 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
anu_t
08-05 01:43 PM
Oh. How I wish it becomes true. But then there will be another line. :)
gauravsh
05-04 02:17 PM
So basically you are cheating the system? correct me if i am wrong.
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
sbeyyala
06-23 06:11 PM
Hi,
I e-mailed to jay@immigrationvoice.org, I am from Orange county.
I e-mailed to jay@immigrationvoice.org, I am from Orange county.
No comments:
Post a Comment