John333
07-26 05:22 AM
Dear Attorney,
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
I have an approved H1B petition, but was given 221(g) during consular interview due to lack of license to practice my proffession in US. They instructed me to submit the license within one year to stamp the H1B visa.
Now I am comming to US on a Visitors visa to write the licensing exam and to get licenced.
I am aware of the aware of possibility of changing status from Visitors visa to H1B after getting licence without leaving US, since I already have an approved
H1B.
But I came to know that USCIS will take around 90 days to approve status change from Visitors visa to H1B.
Kindly clarify whether I can start working for my H1B employer immediately after filing status change with USCIS, or do I need to wait till the approval, to start working.
Also do I need to include 221(g) I received after my H1B consulate interveiw for the status change application.
Thank you very much in advance...
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sugaur
05-31 12:58 AM
With Bush and McCain CIR there was atleast a chance for some relief for legal immigrants. Democrats are all like used car salesmen. I wont be surprised if they pass legislation to appease the hispanic community while leaving us high and dry.
kuhelica2000
02-16 11:34 AM
My friend, writing in bold font doesn't make your argument bolder. An argument is bold by the underlying merit of the argument. Where did I mention anything about race?
Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.
Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.
You are accusing people from India for using wrong credentials for picking up H1b/L1 jobs. This is ridiculous and pretty racist.
Even if I had said that there is fraud and corruption in India, it would not be considered as a racist comment. Every year Transparency International generates a list of most corrupt nations. Ever wonder why India is on that list. Ever wonder why out of all places only in India US visa officers are instructed to do technical interview for IT visa applicants? You are living in complete denial and trying to play the race card whenever you get an opportunity.
Fraud and corruption is prevalent everywhere incuding India and a prepondernece of the bodyshops are nothing but a factory of producing overnight "IT Talents". Accept this is as one of the problem of this retrogression.
You are accusing people from India for using wrong credentials for picking up H1b/L1 jobs. This is ridiculous and pretty racist.
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walking_dude
02-13 11:33 AM
Amit, noble thoughts. But that's not how majority of IV members think. We have members who think $50 contribution per month is too much. There is considerable opposition to making IV a paid forum (with even nominal fees of $10 or $20).
Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
Do you think we can get 500 members ready to contribute $500 here? Create a poll on this and see, you'll be lucky if you get 20! Like Jefferson said "those who prefer convenience over freedom and liberty, deserve neither". We are bound to suffer since we aren't ready to act.
I think every body who wants to have a class action law suit should commit for $500 towards the expense. Only when we have commitment for $500 with person name and contact info, then we should move forward with the idea of Class action law suit. We need 500 people to commit for this otherwise there is no point in moving forward in this direction.
There might be some people who will be willing to pay money but not listed as participant, and visa-versa and we should have at least 500 people who are willing to pay.
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PrayForEveryone
07-10 11:45 AM
Friends,
Its upsetting to see USCIS playing with our lives. Inviting us to file AOS and then shutting the door on us when we did all the hard work to get here LEGALLY. I remember someone mentioning "GC is a scam". Did'nt USCIS attempt to do that with us? It all about ATTITUDE and at this point I hate USCIS/DOS's attitude towards us (Legal Immigrants) and our families. Starting June 13th, we all would shorten our life-span by 2-5 years due to this tension/excitement.
Well, most people would say US wont be affected even if we relocate in some other country. May be true! But my company keeps loosing work due to not finding the right candidate for the job. So they will of course!
In the long run, if this broken immigration system is not fixed, no business can afford to lose any resources when they know that there is demand in market. Microsoft has found other ways and this is the best example and more companies would soon follow. I hope that this mess gets cleaned soon!
I am moving to Australia to start a new venture!!
Its upsetting to see USCIS playing with our lives. Inviting us to file AOS and then shutting the door on us when we did all the hard work to get here LEGALLY. I remember someone mentioning "GC is a scam". Did'nt USCIS attempt to do that with us? It all about ATTITUDE and at this point I hate USCIS/DOS's attitude towards us (Legal Immigrants) and our families. Starting June 13th, we all would shorten our life-span by 2-5 years due to this tension/excitement.
Well, most people would say US wont be affected even if we relocate in some other country. May be true! But my company keeps loosing work due to not finding the right candidate for the job. So they will of course!
In the long run, if this broken immigration system is not fixed, no business can afford to lose any resources when they know that there is demand in market. Microsoft has found other ways and this is the best example and more companies would soon follow. I hope that this mess gets cleaned soon!
I am moving to Australia to start a new venture!!
sabbygirl99
03-20 02:37 PM
The title is pretty self-explanatory. Basically, I want to know whether I can legally continue my GC process in US once I get Canadian PR? What would I have to do? I read the blog from the guy who said he had an address, account in Canada but worked in US. I couldn't tell, though, whether he ended up keeping his Canadian PR...and also - whether he ended up getting the US Green Card in the end?? Appreciate any help!!!
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franklin
02-14 06:51 PM
Question - where are all the numbers for historical visa allocation coming from?
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Osiris
07-22 12:37 AM
One of the main problems with Indians is that they are too nice to say "No" most of the times! Stop being nice or polite to these guys! I have been approached by these people before and the only thing that I say them is "Just leave me alone! I have a life unlike you."
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longq
02-13 02:59 PM
I don't think so. 7% limit has been there for a very long time. Unused visas from prior years for ac21 purposes were still subject to 7% in current year. The 7% rule was unchanged.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
It seems that you think that the unused visas from prior year were not subject to 7%. There is nothing of the sort that allows this.
I am not saying 7% is not applicable for recaptured numbers. EB3-ROW was current while EB3-IN,Ch retrogressed in 2005.
Again 7% is not a quota or minimum or maximum. It is a guiding tool to avoid monopoly (not to prevent) for fist two months in a quarter and gave the remaining number to third month. It is not meant for reservation.
As you said Bangaldeshies can not raise flag they as have not consumed 7% quota. Therefore one can not argue that Bangladesh-EB3 should be "current".
At the end, first-come first served should prevails.
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gc28262
01-13 07:20 PM
Here is why this memo has come up
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
MurthyDotCom : Senator Grassley and USCIS Response on H1B Fraud & Related Issues (http://www.murthy.com/news/n_grassl.html) Dated Dec 11 2009
The Senator's letter voices concerns that, in the year since that report, the USCIS has not issued guidance to adjudicators as to the specific evidence they are to gather from H1B petitioners to address the fraud / compliance concerns. The letter specifically focuses on employers (consulting companies) that place their workers at third-party worksites, and suggests that it is necessary to provide copies of relevant contracts to establish that there is work to be performed immediately upon the arrival of these workers, and to establish that the work is at the locations specified in the labor condition applications (LCAs) that underlie these cases.
Further Guidance for USCIS Adjudicators is Coming
Further guidance for adjudicators is forthcoming from the USCIS. It will lay out appropriate types of evidence to be requested when an H1B petition does not have complete documentation of the specific work assignment to be performed by the H1B worker. This guidance will be aimed at assisting the adjudicator in identifying cases in which proper employment exists. Speculative employment, when an employer's plan is to attempt placing an individual in an assignment at a later date, is not acceptable. The guidance will also give instructions on requesting proof that the employer has been paying the required wage, and otherwise complying with the H1B program. Included in this will be instructions regarding the requirement to file an amended H1B petition where there is a material change in employment.
Of course these are just appetizers for H1B holders on Senator Grassley's menu.
Guess who is advising these lawmakers on H1B reform. Anti-immigrants themselves.
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Hassan11
07-11 04:20 PM
Here is his email address: moyersonpbs@thirteen.org.
Plese send him stories about the VB fiasco and also all your stories about working in US and deciding to move to Canada because of immigration broken system. I am pretty sure, if he receives enough articles, he will do a program about this. Please email him as many stories as possible.
Good luck to all
Plese send him stories about the VB fiasco and also all your stories about working in US and deciding to move to Canada because of immigration broken system. I am pretty sure, if he receives enough articles, he will do a program about this. Please email him as many stories as possible.
Good luck to all
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indyanguy
07-03 10:43 AM
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. Can I file for a new EB2 PERM at that time and get an extension based on that (H1 6 year ending term < 365 days at that time)?
3. As a backup, can I apply for EB2 PERM NOW for a different position from the same company? How will it affect my pending EB3-140?
Thanks in advance
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. Can I file for a new EB2 PERM at that time and get an extension based on that (H1 6 year ending term < 365 days at that time)?
3. As a backup, can I apply for EB2 PERM NOW for a different position from the same company? How will it affect my pending EB3-140?
Thanks in advance
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Macaca
01-15 07:53 PM
I would argue that Indian consulting biggies saw that they could offer resources to clients at much cheaper rates than offered by American consulting companies. That drove down billing rates for everyone.
On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.
Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".
No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1.
If american public gets exact data about outsourcing then they will oppose that also and goverment has to act.
But there is no legal binding for Government or Corporations to give data about outsourcing.
Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that.
Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues.
If they relax the rules fraud will increase and if they tighten it then some good persons also impacted.
You have unbounded capacity for posting complete gargage.
My morning post, deleted by IV geniuses, was for this garbage that dominates IV boards: a self inflicted wound.
On the other hand if American consulting companies bill high rates to clients, they are at leat still paying decent wages to their employees. So wages stay at moderate levels. But what This whole tiered employement brought into play was that the actual employee was not getting paid too much but the client would still pay quite a bit, maybe not as much as what an American consulting company would bill. The wages of IT professionals went down.
Also one cannot deny the fact that persons who faked their resumes have contributed to the decline of the quality of talent pool. Don't get me wrong, bad apples existed and thrived in both big and small companies. But the occurences of such misdeed is/was more rampant in body shops. Some examples are the hiring of fresh grads & H4 & other unskilled workers and passing them off as "high skilled resource".
No one knows the impact of outsourcing. Because no public data is available unlike H1b or L1.
If american public gets exact data about outsourcing then they will oppose that also and goverment has to act.
But there is no legal binding for Government or Corporations to give data about outsourcing.
Durbin/Grassley bill will check them also. But it will impact some good people also. We are opposing that because many of IV members may be impacted by that.
Also most IV members feel that bill is conspiracy to eliminate h1b program. There is no easy solution for these issues.
If they relax the rules fraud will increase and if they tighten it then some good persons also impacted.
You have unbounded capacity for posting complete gargage.
My morning post, deleted by IV geniuses, was for this garbage that dominates IV boards: a self inflicted wound.
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ItIsNotFunny
03-18 02:59 PM
How much are you paying to get the pre-approved labor? The law to ban it is coming soon. So you may have to do it fast.
Thats true. By the way, I saw Janak saying somewhere that labor substituion should be banned. Its nice to see that he changed his mind. Of course I do believe that it should not be misused, sometimes it saves your life here which is more important if you are with family and trying to settle down here.
Anyway, before OMB approved substitution ban, file ASAP.
Thats true. By the way, I saw Janak saying somewhere that labor substituion should be banned. Its nice to see that he changed his mind. Of course I do believe that it should not be misused, sometimes it saves your life here which is more important if you are with family and trying to settle down here.
Anyway, before OMB approved substitution ban, file ASAP.
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Marphad
03-27 11:58 AM
Hey this is not fair! Someone updated poll options.
Anyways, not a problem. Just teach me how to do it please.
Anyways, not a problem. Just teach me how to do it please.
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vdlrao
07-25 11:37 AM
EB2 India/China BECOMING CURRENT IN THE NEAR FUTURE IS INEVITABLE.
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gjoe
02-13 04:46 PM
I agree to a lot of your points - the community has to evolve and not be pushed. All I say is for those who talk the talk, if they walk the talk - they become a good example and the community will grow.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
There is moment in history when everything starts falling in place, until then nothing will seem like working right.
But when we reach the critical mass you will see this thing take off, until then buckel up your seat belts and expect the tide to set in soon.
Please do not take this as criticism. I respect everyone's space - come on folks we can collectively do it - why do we want to resist unity? It does no damage to us but only helps us for whatever cause we want to achieve, otherwise we will always be under the radar of people like Lou Dobbs and his likes - just because we are not vocal.
I am sure, one day the community will rise :)
There is moment in history when everything starts falling in place, until then nothing will seem like working right.
But when we reach the critical mass you will see this thing take off, until then buckel up your seat belts and expect the tide to set in soon.
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Ramba
03-30 03:32 PM
That is the tragedy of India. Except Indians everybody has ruled India and still people have no remorse, no self respect.
India is very difficult to rule. Thats why we outsource that. It is not a joke.
Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.
India is very difficult to rule. Thats why we outsource that. It is not a joke.
Even after independence, Nehru had very strong majority goverment. Still he had a problems in ruling the country. He had lot of vision in economy, poverty, socialism etc.. But he and subsequent PMs (mostly congress) failed becuse of unimaginable local issues based on India's diversity and polygenious nature of the state. India is a victim of its own diversity and long/old (and strong) regional history. This diversity includes language, tradition, culture, food habit, religion, caste and so on. Therefore, India is victim of its own division and diversity. India is untied or born in 1947 because of British rule. Infact, there is no country called Republic of India before 1947. Indian constitution (or concept of united India) is brand new compare to regional history. Naturally, regional interest always prevails. So ruling India is still a new and uphill task. 60 years is very less to come to conclusion. Thats why, all congress PMs had failed in reforms. And now in the information age, India become materialistic, everybody wants everything. So naturally corruption increases. So one can not blame just congress alone for the mess.
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Lasantha
02-15 11:48 AM
What Beastia meant was, send your own personal cheques as opposed to getting your employer to send theirs or pay with bank drafts etc. That way like he explained, you will know when USCIS cashed your cheques, and if you have online access to your account you will get to find out your file number way before USCIS sends the receipt notice.
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
sapota
02-12 12:54 PM
http://blogs.ilw.com/gregsiskind/2008/02/house-dems-to-p.html
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
Good strategy. Need to make sure all EB provisions are still intact in these reforms targetted for spring & Summer of this year.
deepakjain
05-28 11:17 PM
EB2 and EB3 will be in queue for sometime, fact being the latest fraud by Indian IT firms.
Please read then post comments.
I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....
Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1
Please read then post comments.
I personally know 7 people who came to US in 2008 via Indian IT firm - designations [Sr Project managers or Program manager]....
Applied for GC under EB1 and every one of them have a GC now....not to mention few MNC's based out in India have done the same...one of my friends who works for an US based consulting firm in Hyd is here in US on H1B [12 months] he has a GC.....EB1
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