pmamp
03-20 03:31 PM
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raysaikat
02-16 09:32 AM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
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.
HRPRO
02-23 11:28 AM
ARC,
My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.
My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.
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go_guy123
01-06 11:00 AM
CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!
"That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.
My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House
"That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.
My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House
more...
sweet_jungle
08-21 12:09 PM
I have not even used my EAD. I expect it to be related to Birth certificate as i didn't have original and submitted affidavit etc. But not sure may be something else too.
My lawyer had applied for EB2 in I-140 but approval came for EB3. then they reapplied and next approval came for EB2. May be that.
Just guessing as that's the only thing i can do now.
One intresting thing i think my case might have got picked is we applied for my husband's EAD and after that have seen soft LUDs on our cases. may be just coincidence.
what about biometrics? Did you have the issue of biometrics not being attached to file like most other nsc_csc_nsc people?
My lawyer had applied for EB2 in I-140 but approval came for EB3. then they reapplied and next approval came for EB2. May be that.
Just guessing as that's the only thing i can do now.
One intresting thing i think my case might have got picked is we applied for my husband's EAD and after that have seen soft LUDs on our cases. may be just coincidence.
what about biometrics? Did you have the issue of biometrics not being attached to file like most other nsc_csc_nsc people?
hydboy77
07-14 01:59 PM
I dont mean to be greedy or selfish but from a purely technical analysis this is extremely bad news for EB2\Eb3 India and China folks. Eb4 and Eb5 account for 10% of the 140000 EB green cards every year. If EB4 and Eb5 were discontinued these visas would have spilled over into Eb1,2,3 category. With the Eb4 and Eb5 extension in the senate bill we are screwed royally. There is heavy misuse in the Eb4 category, so much so that it Eb4 and EB5 may retrogress for India!!!!, there will never be any spillover from this category.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
more...
return_to_india
03-06 11:47 AM
http://finance.yahoo.com/news/Worst-is-yet-to-come-for-job-cnnm-14564910.html
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pmamp
02-26 09:24 AM
Can someone please throw some light on this? Thanks
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sodh
07-18 06:36 PM
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gc_on_demand
02-04 04:05 AM
All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
more...
aquarianf
06-21 04:52 PM
Since this thread is open and dont want to wast resouce on new thread. I want to ask people those who had already filed 485/EAD/AP that did anyone has taken photos at Walgreens.
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
Go to local CVS store
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
Go to local CVS store
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mwin
06-11 09:36 PM
I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.
more...
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cableman
08-09 02:33 PM
You can have experience in any country not necessary in USA. But the experience earned at current employer is not considered towards 5 years
This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.
This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.
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neelu
01-05 01:22 PM
Threads: 2,478, Posts: 38,790, Members: 8,057, Active Members: 3,571
There seems to be a discrepency between the number on the statistics page (the above was picked from there), and the Memberlist page.
I guess, Logiclife was pointing to the 8000 mark on the Memberlist page (which as of this post is 8046), which was reached today.
Can anyone explain the discrepency?
There seems to be a discrepency between the number on the statistics page (the above was picked from there), and the Memberlist page.
I guess, Logiclife was pointing to the 8000 mark on the Memberlist page (which as of this post is 8046), which was reached today.
Can anyone explain the discrepency?
more...
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rbharol
08-30 12:29 PM
I am a lil bit confused here. If there is a job that requires little or NO EXPERIENCE, would it be hard to find a US Citizen?
May or may not be.
That is the reason that PERM labor certification requires employer to provide proof that enough advertizing was done and no US citizen was qualified AND willing to accept the job, before deciding to go for an Alien.
May or may not be.
That is the reason that PERM labor certification requires employer to provide proof that enough advertizing was done and no US citizen was qualified AND willing to accept the job, before deciding to go for an Alien.
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ivgclive
04-23 06:09 PM
I completely agree. Members like ivgclive should to be banned. This is a public forum. If you know the answer, speak up, if not "SHUT UP".
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
You are most welcome.
Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.
It is like "I filed I-485 last week, anybody on the same boat".
Wait for few days, get the letter, read it, understand and ask questions.
Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.
Go ahead.
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
You are most welcome.
Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.
It is like "I filed I-485 last week, anybody on the same boat".
Wait for few days, get the letter, read it, understand and ask questions.
Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.
Go ahead.
more...
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SunnySurya
07-28 01:15 PM
Yep, I did...
Any of you in EB -2 with PD before Jun 2006 and have a soft LUD on AP?
Any of you in EB -2 with PD before Jun 2006 and have a soft LUD on AP?
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paskal
06-19 11:50 PM
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harish357
03-13 07:38 PM
Hi All,
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
sledge_hammer
02-26 02:19 PM
chitra and prashanti1j,
Both of you have joined this forum very recently. So exercise some patience!
PHANI_TAVVALA's question might have offended you but I agree with the essense of his posting. What do you both think "Cancelled without prejudice" means? Isn't it obvious to anyone that the visa has been cancelled?
prashanti1j, you are very new to this forum, relax, PHANI_TAVVALA has been with IV for 2 years already!
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
There is no question like a dumb question. You definitely are dumb for questioning her.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
Both of you have joined this forum very recently. So exercise some patience!
PHANI_TAVVALA's question might have offended you but I agree with the essense of his posting. What do you both think "Cancelled without prejudice" means? Isn't it obvious to anyone that the visa has been cancelled?
prashanti1j, you are very new to this forum, relax, PHANI_TAVVALA has been with IV for 2 years already!
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
There is no question like a dumb question. You definitely are dumb for questioning her.
Don't you think this is a dumb question. What does "Cancelled without prejudice" mean to you? I would like to hear your interpretation of this.
kumar1
02-13 03:37 PM
I have a feeling that most of the people on this forum would directly get senior citizenship in this country.
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