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Smmri,
You are not subject to the cap. As you spent more than a year outside the US , you have the option of resetting your H1B clock (in other words ,apply for a H1 which would be valid for 6 years ,but would also be subject o the cap) or reviving your old H1B which would not be subject to the cap.

If you need a reference ,PLease refer to the AC21 provisions.


I have an old H1B visa with approval date December 19, 2000. I moved to US in Jan 2001 and spend only 2 months in USA in total. Stay outside USA from Mar 2001 until now.

Can I apply for the remaining time against my initial six-year period of admission and will be exempted from the cap?

The Conrad 30 J1 waiver program has been extended to September 09.
I believe IV core has been actively pursuing the Conrad 30 Improvement act. Can core please update us regarding the chances of this legislation passing in September 09 ?

Yes that is correct. IV core member Paskal has been leading this initiative from the front. He will provide an update. If you are part of the IV Physicians group, you may find more information from him.

Lets send our love to the WH!

Change.gov is open for questions again - Round 2 this time.
http://change.gov/page/content/openforquestions20081229/

Can IV post a comprehensive question that all members can vote on?

If you do post a question, make sure to let us know what to search for ;-)

Thanks,
V

This info might be a little old. But I filed for PERM on Dec 1, 2010 and it got approved on Dec 19th, 2010. So, 18 days. Also, you can find the latest info for PERM approval processing time on www..com

Good Luck.

Found this while searching the website of the Senate Judiciary committee. Even though it is more than a month old, the references to SKIL bill in the hearing offers a glimmer of hope to us..As I understand the SKIL bill has been referred to the same committee for several months now.

http://judiciary.senate.gov/hearing.cfm?id=1801
this is old news.
we at IV had contacted members before the testimony. you can get more details in the old thread on this topic.

They're not doing it in any order.

Keep checking your status here: http://pds.pbls.doleta.gov/

Thanks!

Would you know the minimum wage level needed to qualify for EB2?

I have my AP approved H1 valid till 2009 but stamp expired. If I marry a non us resident and bring her on H4 and Myself enter in US using AP. Does it mean that my H1 is invalidated?

Does it mean that my wife's H4 will be invalidated also and she becomes out of status since my H1 is invalidated?

Or I am completely wrong here?

I can't file her 485 since my PD is not current and also I cant have h1 restamped cause it takes way long to get it stamped.

Any Idea?

If your parents have B1/B2 stamped and valid upto a future date, they dont need DATV.
Otherwise , they do

We know how much you like to be here in US - 300k Green Card petitions in July - madness, madness

now do you expect everything to happen for you automatically and others do it for you when you sit on your couch gazing at the cheerleaders in a football game

THIS MESSAGE IS FOR YOU ALL

LOUD AND CLEAR - YES , WE WANT YOU IN DC

This question is for an attorney:

My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.

Two issues arise now:

a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?

b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?

Thanks for the help.
slowwin

I have applied for my extension of H1B at Vermont Center. my first three years on H1b expired on Sep 8th. The application was filed on July 20th and it is normal processing. I have my H1b and H4 receipts with me, but its not yet approved. I am planning to take B1 visa appointment for my mother. Shall i send my mother to B1 stamping with H1B receipt.

Does Chennai consulate will accept H1b receipt for Visitor Visa or Shall we wait for H1b Approval? thanks in Advance....

thanks,
Sreenuk

Yes. I used for twice for two different people. No problem.

Many desi companies apply for EB visas for folks still in India and have them work in India, till the CP stage..

This is the new trend. Since GC is for a future employment, effective way to consume huge numbers !!!

Here is the USCIS official URL page/ press release:

http://www.uscis.gov/files/article/premproc_22jun09.pdf

if EAD is used, can we come back to H1B when needed?

Hi,
I am having my H1, and applied for renewal hopefully i will be getting it by this Dec '10.

Till Sep 2011 my H1 is valid, after that i am planning to go for extension as i filed my I-140 now.

Next year i am going to India i will get it stamped there for me also for my wife. But due to health reason for my wife, i am planning to stay in India and go for the treatment. For that i have to stay there and assist her fully, for the treatment. Not sure how long it will take.

My question is this, if my employer/client is OK with this, what is the maximum period i can stay in India without working in US.

Two scenarios here:
1. If the pay-stub is not generated, how long i can stay there?
2. If my employer agrees to pay the salary for those months, because i can also work in my company's offshore office, in that case how long i can stay there?

One of my friend is ready to apply for 485. He is all set.

The problem is he got recently married and his wife's passport and other details are not yet ready and she is still in India.

Can he still submit his 485 for his wife?

Gurus, any help / suggestions is appreciated.

If you just search on word 'wife' you will get the response from thousands of users who posted it. He cannot file 485 for his wife until she is here.

As soon as I got the receipt number, I immediately started working for Company B, thus, under they're payroll.
So, should I've entered Company B as current employer?

Rahul,

I assume you are planning on working in Canada using visitor visa. This is not legal and if you want to do it anyway, immigration authorities would question your intent of travel every monday to friday, when you have a valid H-1B work permit in USA. I don't think you will get by this.
My cousin had a similar experience he worked in Canada for two months on visitor visa, Immigration authorities were tough on him when he was on his way back to USA, asking him how come he had such a big vacation in a calendar year and also various other tough questions.
My advice is to apply for work permit in Canada through your existing companies branches in Canada and then work in Canada as you have suggested.

Please don't follow my advice blindly, contact your Attorney and look at all the legal ramifications and then decide about your future course of action.

EB1 - C
EB2 - C
EB3 - C
EB4 - C (if this exists)
EB5 - C (if this exists)

But all cases should be processed by priority dates and the services centers should show the I485 EB catergory cutoff dates instead of the processing dates.