felix31
11-15 05:16 PM
And dont forget that teacher's H1 also comes under the cap. You would need to get interviewed for a position and get an offer before April 1st, so that application can be received at USCIS on April 1st.
Usually, H1s run out within couple of days, last time it was one day or two days. I forgot the details.
The only way to avail of Masters H1 cap is to have US Masters degree.
Some schools also do J1 for teachers. Try VIF program at www.vifprogram.com
Once you get into the school system you can also go for a masters degree and if the school principle wants to keep you, HR can file for your H1. All that is possible if you immediately file for a Home Country Requirement waiver.
It sounds complicated, but for teachers this may be the only open route.
H1 visas are in such high demand anyway.
Hope this helps!
Good luck!
Usually, H1s run out within couple of days, last time it was one day or two days. I forgot the details.
The only way to avail of Masters H1 cap is to have US Masters degree.
Some schools also do J1 for teachers. Try VIF program at www.vifprogram.com
Once you get into the school system you can also go for a masters degree and if the school principle wants to keep you, HR can file for your H1. All that is possible if you immediately file for a Home Country Requirement waiver.
It sounds complicated, but for teachers this may be the only open route.
H1 visas are in such high demand anyway.
Hope this helps!
Good luck!
wallpaper philosophy quotes on life. philosophy quotes on life.
krishnam70
05-01 04:23 PM
Ya I have applied 2 months before my visa expired..Guru's any expert on this forum knows aout the period of stay after an appeal for h1 extension denial..
Unless you receive the denial letter from the USCIS we cannot give any advise. We need to know the reason. If its a trivial matter or not you can definitely do MTR and provide additional information. However this seems to be a case where USCIS has been overzealous in denying the case.
They might be asking some kind of Agreement or Letter from client based on the recent denials. Please be prepared to get such a letter from your client stating the extent of your project ( try to get a letter for the extent of your H1 or beyond that to cover yourself).
goodluck and keep the forum posted on your progress so others may benefit
- cheers
kris
Unless you receive the denial letter from the USCIS we cannot give any advise. We need to know the reason. If its a trivial matter or not you can definitely do MTR and provide additional information. However this seems to be a case where USCIS has been overzealous in denying the case.
They might be asking some kind of Agreement or Letter from client based on the recent denials. Please be prepared to get such a letter from your client stating the extent of your project ( try to get a letter for the extent of your H1 or beyond that to cover yourself).
goodluck and keep the forum posted on your progress so others may benefit
- cheers
kris
jfredr
08-02 04:52 PM
what good news is every body talking.
2011 life philosophy quotes.
santa123
10-06 08:41 PM
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.
more...
Administrator2
03-25 11:01 AM
Please check your email and/or private message.
HOPE_GC_SOON
07-15 11:49 AM
The only way to go for Premium processing of 140, is to extend H1 beyond 6 yrs..as of current regulations. So in your case, if you are still around 5 yrs of H1. that would be the solid case, to opt for PP of 140 and h1 ext. So that, your case can have few updates.
This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.
Thanks
My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.
We are done with finger prints few months ago. No updates on I-140 or I-485s after that.
Is it useful if we take Info pass appintment in this case and enquire about our case status?
Why not USCIS offer I-140 premium processing for older priority dates?
Can I-485 be pre-adjudicated even if I-140 is pending?.
Appreciate any information. Thanks.
This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.
Thanks
My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.
We are done with finger prints few months ago. No updates on I-140 or I-485s after that.
Is it useful if we take Info pass appintment in this case and enquire about our case status?
Why not USCIS offer I-140 premium processing for older priority dates?
Can I-485 be pre-adjudicated even if I-140 is pending?.
Appreciate any information. Thanks.
more...
DSLStart
03-09 11:54 AM
where is your brother now? In US or India? Did he appear for interview as well with his wife? If he is in US how can the HYD consulate ask him for 2nd interview?
new developement is that HYD consulate called him for rare second interview,atleast that the email says
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
new developement is that HYD consulate called him for rare second interview,atleast that the email says
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
2010 hairstyles life philosophy
number30
09-27 03:40 PM
My Priority date is Jun 2006 and applied in EB3 category.
Are you sure it is an approval?
Are you sure it is an approval?
more...
kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
hair images life philosophy quotes.
shana04
05-16 01:38 PM
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
Any suggestions to get copy I 94? please share your exp.
Thanks in advance
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
Any suggestions to get copy I 94? please share your exp.
Thanks in advance
more...
amsgc
09-14 11:00 AM
Here is a EB2-I poll for 2005 taken last month or so
http://immigrationvoice.org/forum/showthread.php?t=20725
http://immigrationvoice.org/forum/showthread.php?t=20725
hot Philosophy of Love Life Quotes
tdasara
03-08 09:14 PM
The OVERFLOW from EB1 and EB2 is directly going to EB3!
more...
house house philosophy of life quotes. philosophy quotes on life. philosophy
rahulpaper
08-03 08:32 AM
3 year extension is availabe only if your PD is not current and 140 is approved. 1 year extension is only available when you have GC process started 365 day prior. You can go between 1 year and 3 year extensions (depending on PD situation).
I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..
I am not an lawyer. The information provided here is my personal opinion.
I am not sure about the change of employer part...because your 3 year extension is tied to 140 which is tied to an employer...I am not sure if one is able to maintain H1B status if one invokes ac21 or use EAD in 8/9/10/11 th etc year. The new employer can always start the process (before hiring you) from begining..and have PERM and 140 approved and then you can transfer H1b to new employer. (because you are able to tie it to new approved 140). BTW...you will still save the priority date too..
I am not an lawyer. The information provided here is my personal opinion.
tattoo philosophy of life quotes.
kirupa
02-08 03:17 PM
All right - congrats to IamTheJuggler, Enebreus, and freeskier89 for having created the Top 3 entries!!!!
more...
pictures philosophy of life quotes,
qualified_trash
11-16 09:53 AM
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
your information is not accurate.
filing for AOS does not give you an EAD. You have to apply for it.
There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........
your information is not accurate.
filing for AOS does not give you an EAD. You have to apply for it.
There are many people who remain on their H1 after filing AOS as travel on a valid H1 with a valid Visa stamp is a lot easier than applying for AP etc...........
dresses philosophy quotes on life
paskal
07-14 05:34 PM
that makes sense
but what about Korea?
How come we do not have an EB2 or EB3 Korea retrogressed?
that's not nurses...
but what about Korea?
How come we do not have an EB2 or EB3 Korea retrogressed?
that's not nurses...
more...
makeup life philosophy quotes.
satishbsk
07-24 03:10 PM
My PP is going to expire in Oct 07,
I applied for New PP at CGISF on 7/17 which might take around 15 working days.
____________________
Contributed $280 so far
I applied for New PP at CGISF on 7/17 which might take around 15 working days.
____________________
Contributed $280 so far
girlfriend philosophy of life quotes.
flex
10-02 06:23 PM
Aha - do you have a firewall with browser privacy, like Zone Alarm or Norton?
hairstyles hairstyles philosophy quotes on life. philosophy quotes on life. philosophy
NKR
02-18 11:32 AM
And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
Haven't heard of recapturing H1 visas. With high demand for H1s I doubt if there will be any unused visas to be recaptured. Even if there are any then can the congress recapture them? Even if they did why would they recapture unused EB visas along with unused H1 visas? . Am I missing something here?..
hazishak
10-20 10:37 AM
Mine was around the same time. Not even a LUD. Processing time is hopeless.
santa123
06-08 01:03 AM
I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.
My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.
I have
BSc in physics - 3 yr India degree
PG diploma in Instrumentation - 1 Yr India PG diploma
PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
PG dip in buiness admin - 1 Yr India PG dip (E learning)
MBA - 3 Yr India PG degree (E learning)
6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.
Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts
My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.
I have
BSc in physics - 3 yr India degree
PG diploma in Instrumentation - 1 Yr India PG diploma
PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
PG dip in buiness admin - 1 Yr India PG dip (E learning)
MBA - 3 Yr India PG degree (E learning)
6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.
Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts
No comments:
Post a Comment