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Dear friends,

I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.


Since you do not have H1-B status, you cannot start working unless you actually receive I-797 (i.e., H1-B approval) and I-94 form. The hospital that wanted you to start working immediately might not know that you do not have H1-B status, or the staff may not understand how the immigration status works.

The premium processing only guarantees that you give get a decision on your case in 2 weeks; i.e., if approved, you will get an I-797. USCIS may attach I-94 to the I-797 in which case you do not need to go out of the country before you can start working. However, my guess would be that I-797 would not have an I-94 attached. In that case, you need to go out of the country, apply for and obtain the H1-B visa (i.e., the visa stamp on your passport) and re-enter US (at which time you will get your I-94).


Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John

The best time for seeing any good result for lobbying in the next 8 years would be the end of 2008. Precisely, from Nov-02-2008 till the day, the new president swears in.

If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.

The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.

Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.

Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.

Correction it 2 years out of 5 for maintaining PR

http://www.cic.gc.ca/english/newcomers/about-pr.asp

I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.

Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.

My case is not complicated (i believe) but transfered from Texas to Vermont.
May be not many adjudicators over there who can handle 485's or lot of workload.
Is your case complicated
My case is not complicated (i believe) but transfered from Texas to Vermont.
(Hope not many adjudicators over there who can handle 485's or lot of workload. )


[QUOTE or has multiple applications?[/QUOTE]

Family of three.

Congratulations....
A couple of questions, which could everybody in analysis
- Did you use EAD ?
- Did you use AC21 ?

Thanks

if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.

Thanks for your response... do you know what states by any chance?

Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure

Can I go to India and after the cleanace can I get the visa stamped in india?

I just filed for my I-140 in EB2 and I am from India. I would like to know what happens in these circumstances

1, I get laid off from my company before the Approval of my I-140

2, I get laid off after the Approval and before I can file my 485( Is there a window of certain days that make a difference afte the approval even if I cannot file my 485)

At this point I have a good relationship with my employer and I don't see a reason they will cancel or revoke anything that has been filed for me.

Thanks in advance for your replies.

This might be a cliche..

Neither GC nor the Career meet our ultimate end goals

If you boil it all down, this craziness is driven by three things

1) Hunger for money
2) Hunger for Achievement/Recognition
3) Hunger for materialistic pleasures.

When you are 65+ years old, I bet none of us would be thinking about GC, Citizenship or for that matter how good the infrastructure in this country is. However I bet we will all be thinking about two things

1) Financial Freedom/Retirement
2) A closer and more fulfilling relationship with near & dear ones.

From what I can remember, I have always wanted to come to the US, enjoy the luxuries of life and escape India. 12 years into this country, none of that joy or excitement remains. What has taken over is planning for an early retirement and peace of mind. To put things in perspective, I am neither approaching retirement nor approaching mid life crisis (I think), I am just 35 years old.

My goal now is to make my money without sacrificing too much in life, plan out my future and make my way to the beeline. Hopefully the conversion rates wont disappoint us, and I can disappear into the Indian sunset.

Again, ramblings from a tortured soul.

Cooler

There are a lot of IV members whose labor is not approved yet (like me) or did not have their 140 filed as of May 15.

No. I don't think so you will have problem like us. Because you are stil eligible for 1 year extesion as labour is pending. For us we can't even apply for labour. and when we can i.e. on oct 2008 by that time we would have left less than 1 year so it is also not useful for us.

My intent is not to divide IV. I was just highlighting EB non-ROW.

Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?

Please enlighten me.

Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.

Good one

OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.

Yes butter them and sound pleasing, approach them as if you need their help. Praise them like anything. Make them feel on top of the world. Just keep kissing their ass till u get the work done.

Thanks for sharing.

Jayant,

Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

Once again thanks for the advice. Let me rephrase my question:

(a) At this point can I file for PERM processing (five months left on H1)?

(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

At this point, I am loooking for extension of one year. Is there any way I can do this?

Thanks a lot again,
Savitri Bhave

Answers to your questions.
(a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
(b) No.
(c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.

Good luck

Thanks,
Jayant

Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

Yes where is my green card?

The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:

I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?

Nothing is confusing here.
140,000 * 0.07 = 9,800 (EB1+EB2+EB3+EB4+EB5) (28.6% + 28.6% + 28.6% +7.1 % + 7.1 % =100%)
Are we not high-skilled? :)

Just heard the ad on this radio. concise and to the point, I would have preferred a more serious voice though.

Great work IV!

Employers can withdraw the 140 , It could result in NOID for 485 . Please be prepared to respond to NOID.

By law you may be in safe area but please be prepared with all the required documents to respond a potential NOID.