Dhundhun
10-16 01:49 PM
One of my friends got B1 Visa(business visa, it’s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
#1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.
#2. The company wants to try your friend.
#3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.
#4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.
#5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)
Who paid for H-1B?
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
#1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.
#2. The company wants to try your friend.
#3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.
#4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.
#5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)
Who paid for H-1B?
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aat0995
04-27 07:22 PM
I filed I-140 at NSC on 07/27/2007 LUD - 01/02/2008, but my current case status reads as below
The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
The status doesn't specify the transfered location. Does anyone have a similar case status and know where the case could have been transfered. To me the obvious choice seems like TSC. Please correct me if my assumption is wrong, your input will be appreciated
I also have the same message. However, if I call USCIS and then enter the receipt number it says I have reached TSC. So I assume my case is at TSC.
The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
The status doesn't specify the transfered location. Does anyone have a similar case status and know where the case could have been transfered. To me the obvious choice seems like TSC. Please correct me if my assumption is wrong, your input will be appreciated
I also have the same message. However, if I call USCIS and then enter the receipt number it says I have reached TSC. So I assume my case is at TSC.
eblues
09-09 07:44 PM
Sorry for replying to myself & bumping the thread, but I've got more information on my case and I'd like to share just in case anyone else will end up in a similar situation in the future.
I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).
On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.
My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.
If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.
Thank you everyone,
Pierluigi
I've tried to speak with an immigration attorney and with the flight school staff. The attorney initially told me there should not be any problems as long as I maintain my J-1 status by performing research full-time at the university; then he went on to check more carefully and became less convinced because full-load (> 18 hours a week) flight training requires a M-1 visa. I do not know if I should ask him to look deeper into the matter, as my situation will definitely not qualify as full load training (2-3 hours a week tops).
On the other hand, the flight school staff contacted TSA people and talked with the Department of State. The TSA told that they are OK with my training as long as I get the appropriate clearance, which I did; the Department of State (as I have already states) basically said that if I'm legally in the country and the TSA is cool with it then I can train. I've also come to understand that I will not attend any formal classes (I will self-study the theoretical notions required) and that my practical training will amount to 2-3 hours a week at most.
My understanding of the subject is that I would not be eligible for a M-1 visa, as in any case I will not be busy with flight training all the time. I also believe that were I to start flying this would not intefere with my J-1 status as long as I comply with all the requirements (i.e. work full-time on the project I've come to the US for, otherwise not work on or off-campus nor move to another university, etc.). Finally, from what I've heard, there seems to be no regulation against pursuing flight training for people that are already legally in the US if this does not constitue some sort of professional training, and flying light sport aircraft is what is more or less as far as it gets from professional flying.
If anyone (whether an attorney or otherwise) notes any fallacy in my reasoning please let me know -- I still have time to stop and reconsider before committing to anything that might undermine my legal presence here in the US.
Thank you everyone,
Pierluigi
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tdasara
03-08 09:14 PM
The OVERFLOW from EB1 and EB2 is directly going to EB3!
more...
illinois_alum
09-02 04:40 PM
How long did it take them to send the SR response? When did u open the SR? Thanks in advance...
I think this is a standard response...saw it on some other post as well...
I think this is a standard response...saw it on some other post as well...
sinziana
01-19 04:25 PM
I am special education taecher and I AM LOOKING FOR A SPONSOR
thank yoy for help
thank yoy for help
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Nikhil2
02-20 03:12 PM
Thank you both.
Nikhil2,
I have a similar situation...
Nikhil2,
I have a similar situation...
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snathan
03-28 12:21 PM
Hi,
In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
and I need to proof that I filed the taxes that year or file the taxes.
I went to HR block and prepared taxes for 2005 and mailed to them.
Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.
Did any one had similar experiance or any issues?
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
and I need to proof that I filed the taxes that year or file the taxes.
I went to HR block and prepared taxes for 2005 and mailed to them.
Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.
Did any one had similar experiance or any issues?
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
more...
bombaysardar
07-17 10:22 PM
If you look at the rules closely on the website, pregnant women are exempted from taking shots. The medical tests should not be a problem.
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knowDOL
06-20 07:14 AM
I hope supers789 gets the gist of retrogression and will plan his future accordingly for a way to live without GC for the next 3 or 4 years.
more...
tabletpc
08-02 09:01 AM
Not to scare you...from u r details on GC...i will be surprised if you get 485 approved in 3-4 years as the PD is 2006 and its EB3.
As of changing the job dilemma, i am alos in same boat. Being single we can't even use 485 benifits nor we can think of moving to another job. Mine is eb2 and 2006, but still can't think of waiting any longer. I ask myself this question of changing job/not 1000 times a day. Its jsut a matter of time before i get firm on my decsion.
As of changing the job dilemma, i am alos in same boat. Being single we can't even use 485 benifits nor we can think of moving to another job. Mine is eb2 and 2006, but still can't think of waiting any longer. I ask myself this question of changing job/not 1000 times a day. Its jsut a matter of time before i get firm on my decsion.
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kumarr
01-01 05:00 PM
Congrats! Very happy for you :)
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saravanaraj.sathya
08-03 10:29 AM
Sundar - I understand ur question..I ve seen in many forums that employers can revoke ur I-140 before ur I-485 is approved. When you transfer with ur approved I-140 from ur previous employer and lets say that he has already revoked it..I am not sure what will happen the..just wanted to confirm...
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
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Dhundhun
07-09 10:36 PM
Can the docs be sent thru Fedex??
I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.
Very rarely USCIS gives street address for sending application.
I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.
Very rarely USCIS gives street address for sending application.
more...
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jkays94
05-30 10:10 PM
Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)
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vgayalu
01-20 07:13 PM
At this time ,if IV is able to anounce clearly about I 485 filing option trails,
Our guys can get good inspiration in fund raising.
This is just my openiun. If it hurts anybody please excuse.
vgayalu
Our guys can get good inspiration in fund raising.
This is just my openiun. If it hurts anybody please excuse.
vgayalu
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pd_recapturing
10-14 07:27 PM
My DL is going to be expired in Nov and I have H1 stamped till Jan 08. I received EAD till Sep 08. I am planning to go to DMV to renew the DL. I will be carrying EAD and Passport (with H1b stamp). Please note that I have not applied H1B extn so far. I have following questions:
1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
3) I live in VA, can someone pls share his/her experience in this regard ?
Thanks
1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
3) I live in VA, can someone pls share his/her experience in this regard ?
Thanks
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aubiem
January 28th, 2008, 11:35 AM
Hi there,
I'm a newbie with DSLR's. I am using a D40x with a SB400 speedlight that I use to bounce light off the ceiling. I take a lot of photos of my daughter who goes a mile a minute. I have found that she is out of focus because it picks up something closer.
How do I take a shot that will have the entire shot in focus? What settings would I use? With 10 megapixels sometimes I want to get the shot and crop/frame it later. With kids it's impossible to set everything right before the shot is gone!
A sample of my photography is here:
http://www.flickr.com/photos/shannonkay/sets/72157603798813662/detail/?page=3
Thanks so much!
Shannon
I'm a newbie with DSLR's. I am using a D40x with a SB400 speedlight that I use to bounce light off the ceiling. I take a lot of photos of my daughter who goes a mile a minute. I have found that she is out of focus because it picks up something closer.
How do I take a shot that will have the entire shot in focus? What settings would I use? With 10 megapixels sometimes I want to get the shot and crop/frame it later. With kids it's impossible to set everything right before the shot is gone!
A sample of my photography is here:
http://www.flickr.com/photos/shannonkay/sets/72157603798813662/detail/?page=3
Thanks so much!
Shannon
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calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
pbojja
10-20 02:10 PM
4th grader at USCIS decides the future of highly educated people! What a "JOKE".
4 th grader is born in the country where as all the highly educated people are not ..
4 th grader is born in the country where as all the highly educated people are not ..
miguy
07-19 10:18 AM
It depends on the hospital's immigration knowledge. Most of the hospitals in the NY/NJ/CT/MA/CA where there are a lot of immigrants are aware of EAD.
So they prefer EAD over H1/J1 as they can avoid the process of application.
This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.
Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.
Thansk for your reply. In the Residency application(ERAS), there are two categories:
1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.
If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet
What is the best thing to do?
So they prefer EAD over H1/J1 as they can avoid the process of application.
This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.
Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.
Thansk for your reply. In the Residency application(ERAS), there are two categories:
1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.
If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet
What is the best thing to do?
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