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I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.

I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.

Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.

Anyone gone through my kind of situation before. Please send me a PM.

I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.

Why do you think you would be denied entry in canada? You are legal to enter Canada with your PR approval. There is no question of "intent" when you are already approved for permanent residency.

Why is he mentioning as East Indians instead of Immigration Voice membershttp://www.immigration-law.com/

It's right on the home page.

I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.


I agree. This is very risky. I had applied for AP way back in June '08 and while my wife got her AP in AUG, mine was happily ignored till used DHS 7001 to escalate my case. I ultimately received an RFE saying that I did not include photos (which I know 100% sure I did ... they probably lost them). 3 Soft LUDs since they've received my photos, but no approval yet. I might be canceling my trip to India that commences on thanksgiving weekend if it does not come in time.

Interesting thread. For all those who've gotten their hands dirty in the stock market, can you recommend any message boards that conducts healthy discussions for taking advantage of the volatility in the short term. I have looked at yahoo, aol, msn and google and most of them are non sensible discussions without much factual info.

Thanks!

Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

jazz

I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.

Heartiest Congratulations!

looks like vldrao got his GC and took a hike ;)

Yea...expect to have Vldrao back after the visa bulletin is out.

Where is mr. rao?

All EB priority dates for July 2007 is current. Hence everyone can go for concurrent filing right away.

The scenario I have given explains how to maintain the status after getting permanent residency from both countries, so that you are eligible to apply for citizenship in both countries.

But here is the catch. Some Canadian immigration officers might not consider the commuting days towards the day count for citizenship. It solely depends on the discretion of the officer during Canadian citizenship interview.

Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)

China: none to three weeks expected through July. No August or September estimate is possible at this time.

India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.

Employment Third:

Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks

Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.

Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)

INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.

The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.

i cannot contact my old employer as the company is taken over by another one .I sure can use the old PD but still have to wait for months till i 140 gets approved .This time i have a high chance of rfe and rejection as it is by a small company and for future employement .

Any idea what these LUDs may be which you had

LUD on 09/22, 09/23 ,09/29 and 09/30.
EB2 India Mar 2005 NSC

No idea...these were just soft LUD....the last updated date was changed online.

Well, Fester's is the most ugly, Golgi's is the least immaginative, but Soul's transitions and blinking graphics are the nastiest...

Revhttp://www.aulman.com/rev.gif

we sure can make that good news happen provided we all make the admin campaign a success. Can we??

I have a feeling some good news is round the corner this "Election Year". Lets all keep our fingers crossed for any improvements in the increase of Visa numbers.

Hello,

My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.

Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.

Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?

I am thinking to reapply again in next 2 day.

Can anyone help me what should i do in this case?

Thanks,
Harish Gowda

I use SBI and it is good. My Vote is for SBI .


SBI - Global Link Services (http://remit.onlinesbi.com/)

I too vote SBI.....do not use ICICI...

I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....

(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)

=http://www.globalresearch.ca/index.php?context=va&aid=10489

Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D

You can add to your own reputation by clicking the "balance" icon.

Thanks,
Jayant

The situation seems pretty grim...there are about 80 k indian students
coming to the US every year in total about 250-350 k including all international students (I assume) and at least 50% of them want to work after graduation (I assume)..with the h1 cap at 65K(lot of them taken away by consultants) ...and the lots of school funding squeezed because of the war..Most students (I assume) study with no AID hoping to get a job to repay some of the loan/ father's money...

I think prospective students need to know the real situation out here..before
they make a choice of studying here.

I hope this grim situation is temporary... It seems you want awake everyone about coming to USA for Studies..Good View but dont try to blame on others for what is happening.. We are in line in a BROKEN System..

I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.

I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.

Does any one else had same experience?

I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

Best of Luck

Folks - My (EB3) I140 got approved.
RD - Oct 7, 2006
Service Inquiry - Sept 18, 2007
Approval Date: Oct 15, 2007

My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees