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.
pa_arora
06-13 03:31 PM
Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
The main reason apart from stated ones above - "FBI new name check 6 month policy". Lot of old people which were struck up with name check from long time are getting cleared now.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
The main reason apart from stated ones above - "FBI new name check 6 month policy". Lot of old people which were struck up with name check from long time are getting cleared now.
parablergh
07-31 07:21 PM
Non-immigrants residing in the U.S. are required to update USCIS with a change of address within 10 days of moving. As you now appear to be living in a different location "y", you should update USCIS for you and any dependents immediately.
As you are now living/residing in place "y" that is your residential address and you will need to file your AP/EAD (I-131/I-765) renewals according to your current address.
Some general instructions:
Please be sure to visit the USCIS website at https://egov.uscis.gov/crisgwi/go?action=coa for information regarding U.S. Citizenship and Immigration Services (USCIS) Change of Address procedures and for access to Form AR-11. USCIS expects that the Form AR-11 should be mailed or submitted electronically within ten days of any change of home address. You may submit the form electronically to https://egov.uscis.gov/crisgwi/go?action=coa.Terms, or by mail to the USCIS address listed on the Form.
If not submitting electronically, we strongly advise that all such forms be sent using U.S. Certified Mail, and Return Receipt cards. Sending the AR-11 form via Certified Mail is the only way to prove that change-of-address notification was submitted in a timely fashion.
Please be sure to indicate that you have pending petitions and provide the respective receipt numbers.
Good luck
As you are now living/residing in place "y" that is your residential address and you will need to file your AP/EAD (I-131/I-765) renewals according to your current address.
Some general instructions:
Please be sure to visit the USCIS website at https://egov.uscis.gov/crisgwi/go?action=coa for information regarding U.S. Citizenship and Immigration Services (USCIS) Change of Address procedures and for access to Form AR-11. USCIS expects that the Form AR-11 should be mailed or submitted electronically within ten days of any change of home address. You may submit the form electronically to https://egov.uscis.gov/crisgwi/go?action=coa.Terms, or by mail to the USCIS address listed on the Form.
If not submitting electronically, we strongly advise that all such forms be sent using U.S. Certified Mail, and Return Receipt cards. Sending the AR-11 form via Certified Mail is the only way to prove that change-of-address notification was submitted in a timely fashion.
Please be sure to indicate that you have pending petitions and provide the respective receipt numbers.
Good luck
byeusa
07-11 01:09 AM
I emailed some of our core members. I hope they can take out some time to deal with these rouge elements tomorrow. In Hindi they say- Asteen Ka Saanp ( snake in your sleeve) for this kind of behavour from USINPAC
more...
cvk90
06-24 10:33 AM
I asked this specific question to my lawyers..Its not true that you are OK as long as you file by July 31st...The dates can retrogress for month of July and then you won't be able to file application after that date. (e.g. after 15 July 07)...I am not an attorney myself but this is what was specifically told first hand to me.
franklin
11-16 08:06 PM
One friend of mine get his GC in the end of September/07 after filing AOS concurrently with I 140 in a middle of June 2007! His PD was Aug.2004(EB3-ROW)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
Your friend was a lucky one (like me) who got a visa number allocated very quickly in that brief window. It was relatively rare, and you can guarantee that it is very far from the norm.
Like it has been mentioned in this thread:- rule of thumb, PD must be current for AOS in and out :)
more...
Ann Ruben
06-30 11:44 PM
In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.
raj3078
07-27 12:40 PM
I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
If it is filled, it is okay, not filled, still it is okay... Its probably more important for East Asian countries who do not work in English such as Korea or China. For the places which works in English, its no big deal...
Please note that the form is intended to help Law Agencis in USA such as FBI/CIA to find authenticate the info provided by you. They might contact your home country cops to find out more about you. In case where home country cop may not know English, they would want to know native lang name so that Home Country cop can read it....Most places can read-write English now a days....So this is not an issue....
I think this is somewhat legacy requirement which was important 40 years back but not anymore
If it is filled, it is okay, not filled, still it is okay... Its probably more important for East Asian countries who do not work in English such as Korea or China. For the places which works in English, its no big deal...
Please note that the form is intended to help Law Agencis in USA such as FBI/CIA to find authenticate the info provided by you. They might contact your home country cops to find out more about you. In case where home country cop may not know English, they would want to know native lang name so that Home Country cop can read it....Most places can read-write English now a days....So this is not an issue....
I think this is somewhat legacy requirement which was important 40 years back but not anymore
more...
willwin
05-14 11:03 AM
Is there anyone out there pursuing CP and already working in the USA?
In today's economy/job market, it is a nightmare not to have the protection of EAD.
Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?
Any thoughts?
In today's economy/job market, it is a nightmare not to have the protection of EAD.
Is there anyway we can get EAD for people in CP queue? Issuing EAD for those CP filers who are already in the US on work (H1B) VISA - is that even a possibility?
Any thoughts?
Sakthisagar
03-12 02:12 PM
For Your First Question it is a big YES, USCIS/DOS is responsible. as per law, for the wasted visa re-capture, congress approval is not required, that decision is solely on USCIS, and USCIS can definitely make folks who are waiting on I-140 approval to file I-485 and be on EAD, that is solely under the jurdistriction of USCIS.
Now, Please tell us what is the next step??
Now, Please tell us what is the next step??
more...
kvrr
03-20 04:59 PM
Here is the link from USCIS website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=e7d696cfcd6ff110VgnVCM1000004718190a RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=e7d696cfcd6ff110VgnVCM1000004718190a RCRD
eb3_nepa
03-25 01:10 PM
Again, I want to point somethingout and that is because I myself work in that field - there are people with MS in Computer Science working in core Systems which require their Masters degree knowledge. So, it is not like IT is not included, people with masters in Computer Science is included in STEM.
Any Master of Science is good enough IF you are working in a related field. Comp science, Information Systems, Electrical Engg etc.
Any Master of Science is good enough IF you are working in a related field. Comp science, Information Systems, Electrical Engg etc.
more...
vishage
07-18 11:03 AM
I have e filed on 7/2, there was soft lud today, do you have a soft lud when ur FP notice is mailed? has anyone seen the same??thanks for your reply
Matt Peru
08-17 08:52 AM
Hi Prem,
Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.
Once again thank you very much for your reply. I will keep posted about my status.
-Matt
Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.
Once again thank you very much for your reply. I will keep posted about my status.
-Matt
more...
rsayed
04-20 05:54 PM
04/20/2007: Immigration Reform Growingly Picks Up Heat
Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.
http://www.immigration-law.com/
It is a positive update - hopefully, these "behind the scenes" or "back-door" lobbying efforts/activities will help alleviate the Retrogression situation.
If there is any chance, it is 2007. In the past 2-3 years, there have not been so many Bills in the House and Senate, aiming at solving the Immigration situation.
I just read the following update on www.immigration-law.com -
04/20/2007: House Version of SKIL Bill, H.R. 1930, Introduced in the House on 04/18/2007
Congressman John Shregg from Arizona introduced the SKIL Act of 2007 in the House on Wednesday, 04/18/2007. This is a bill which is identical to the Sen. Cornyn's bill in the Senate. These two legislators also introduced the identical bills in the House and the Senate last year. The full text has yet to be published, but the text is considered identical to the Cornyn bill. Rep. Shregg strongly opposes the comprehensive immigration reform legislation that includes legalization of illegal aliens.
The EIA, Electronics Industries Alliance, supports this bill, particularly H-1B reform, but asks that the SKIL and H-1B reform be enaced as part of the Comprehensive Immigration Reform legislation.
Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.
http://www.immigration-law.com/
It is a positive update - hopefully, these "behind the scenes" or "back-door" lobbying efforts/activities will help alleviate the Retrogression situation.
If there is any chance, it is 2007. In the past 2-3 years, there have not been so many Bills in the House and Senate, aiming at solving the Immigration situation.
I just read the following update on www.immigration-law.com -
04/20/2007: House Version of SKIL Bill, H.R. 1930, Introduced in the House on 04/18/2007
Congressman John Shregg from Arizona introduced the SKIL Act of 2007 in the House on Wednesday, 04/18/2007. This is a bill which is identical to the Sen. Cornyn's bill in the Senate. These two legislators also introduced the identical bills in the House and the Senate last year. The full text has yet to be published, but the text is considered identical to the Cornyn bill. Rep. Shregg strongly opposes the comprehensive immigration reform legislation that includes legalization of illegal aliens.
The EIA, Electronics Industries Alliance, supports this bill, particularly H-1B reform, but asks that the SKIL and H-1B reform be enaced as part of the Comprehensive Immigration Reform legislation.
kaisersose
03-13 04:58 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
more...
radhay
06-19 02:07 PM
Is there are rule governing how far in advance( before the current EAD expires) we can apply for EAD renewal? Is it ok to apply 7 months in advance?
meridiani.planum
11-12 02:26 PM
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)
Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)
zuhail
10-14 02:07 PM
Obviously this bill will definitely help the EB back log -- this bill should be supported whole-heartedly.
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
swaroopmukka
07-24 06:04 PM
My Labor has been approved around May 20 2007 and my employer received a letter from DOL stating the same, but the Lawyer says he never got the original Labor certificate. Now I've to file my 140 and 485 together and my lawyer is saying that he'll contact DOL and see what's going on, but he says that we can file 140 and 485 concurrently with the piece of evidence we have (the letter from DOL to my employer saying that my labor has been approved).
Will it be any problem with USCIS if we proceed this way ??
Will it be any problem with USCIS if we proceed this way ??
Siddharta
01-11 11:03 PM
Per Canadian Immigration law, if a person is offered a PR and if thats not used, then that person wont be given another PR the second time. ....
Do you have a link to this info anywhere (official website?)
Do you have a link to this info anywhere (official website?)
