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Our kids do well in schools thereby helping to raise the standard of education.
Most immigrant kids go on to college, thereby increasing the level of professionalism of the human capital available to the American economy.

Thank you very much. This makes it very clear.

Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN

OP sounds unrealistic

u can file for a 3 year ext of H1 status under AC21 - This will enable u to continue in valid status while the retrogression eases if it ever will.
Also note that portability is allowed and u can switch employers during this period. u can retain ur current PD and use it for a later GC app if reqd

To the best of my knowledge and what I have heard from our international office and immigration lawyers: Once you are counted (Baptised!!!), you do not need to worry about cap-subject ceiling.

For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.

My guess is: this is well known fact and may not need attorney. See what others say.

Hello,

I have previously contacted an attorney from NY which has been very successful with O-1 visa applications. He has helped two people I know and apparently has a 100% success rate (I suppose that could come from only choosing cases he's sure will go through). This attorney has reviewed my CV and stated I certainly qualify for the O-1 visa. This guy is also very expensive.

My employer is willing to pay for all visa expenses, as long as it's through their own law firm (which charges about $5000 less than the NY guy). So my question is: as long as the CV is strong, is it possible an attorney could screw up the application, by not preparing it very well? Basically, I am trying to decided whether I should suggest to my employer eating up the cost difference so that I can work with the guy from NY.

Any advice welcome.

Thanks!

you should be asking those questions to an attorney.. not amateurs like us..;-)

> If u have a court document showing that you changed ur citizenship..that could help you.(but i am sure u don't have one)

> and since u have stated ur place of birth is India on ur passport .. i think u are pretty much screwed.

> consequences are not very difficult to figure out... both the Indian and US govt can come after you tiny brown a@s for fraud..(to put it mildly)..;-)

Makes sense. Thank you for your reply.

thanks a lot.

ravi

I think these bills are too complicated and have possibilities of failing on the house floor, even if they pass through the senate..

My question to the group is: Does it make sense for us to lobby for changes to existing laws as 'amendments/enhancements' (do not know the exact term), which need not go through this full-blown congressional approval process.. Another issue that we are facing with the bills such as immig. comprehensive bill is that we get tagged together with illegal immig., so it becomes all the more probable to get rejected. I am just being realistic and urging the IV team to add one more action item to the agenda and see if we can put some efforts towards this additional agenda.

I think, in addition to supporting the bills, we should look at this additional possibility. Something like allowing I-485 even though the number is not available, just requires an amendment to the existing law. It does not require additional quota, so there is no major impact to immigration law as a whole. So, we may not need to wait for a bill to clear, in order for such reliefs to be approved.

My take is: we should strive for 3-pronged approach - 1) near short term approach is to ask for immediate relief such as I-485 filing without the visa number availability; there may be other such reliefs possible - 2) short term approach is to support the current bills being considerd, as we are doing already - 3) long term approach is to think of what is the backup plan in case 1 and 2 fails

Just thinking out loud here.

why do u think so rajesh..most the senators R and D are speaking of their own immigrant experiences andsupporting illegals.
even if the bill passes ,we r not getting much relief if in eb3.we should be trying for a amendment to remove country cap or file i-485.time is slipping from our hand s though and only lobbyist can do anything at this point

Nothing to worry dude. Your wife is not out of status. Her I-94 is valid. No issues with 485.
You need to file for her extension for H4 with the new H1b so that she can continue her h4 status after sept.

they're all very good! :thumb:

I recently change employer on EAD in NJ and new employer is saying that I can't claim withholding allowance for dependents on EAD; I had no issue with my previous employer and was claiming 6 withholding allowances; I told them that my previous payroll processor was ADP and none of my friends on EAD had any issues claiming dependents; They are saying that this is new 2010 rule change and you need to have GC for it. I told them that all dependents have SSN and passes 182 days resident alien test rule..they are not agreed..Is it true? Please let me/send any links/information to prove it...

Here is my h1b status:

1. We have applied for H1B visa extension in premium on March 23rd, 2010.(for 15 months, as I have this period remained on H1 6 years and I-140 not approved yet).
2. I have joined new client on March5th new project, new location.
3. USCIS raised RFE on March 9th, 2010 but not received the RFE document.
4. My employer sent H1B Amendment documents on March 15th, 2010 with new LCA.
5. Received RFE document on March 30th, 2010 from USCIS and replied on March 31st to USCIS.
6. USCIS approved case on April 10th, 2010 with 1 year duration, which is May 2011.
7. USCIS approved amendment on Dec 5th, 2010 which is valid until Aug 20th, 2011 which the max of 6 years period.

Now question, it means my H1B visa valid until Aug 2011?

Means your H1B petition is approved till Aug 2011. Visa is needed to reenter US once you leave.