paskal
10-24 06:28 PM
see below
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
wallpaper Osama bin Laden, left,
sku
12-25 03:23 PM
What's "MTR"
I thought After 180 days of I-485 ,they can not withdraw the I-140 ?
I thought After 180 days of I-485 ,they can not withdraw the I-140 ?
knnmbd
01-25 03:44 PM
They cannot reject...I thaught I exaplained it clearly enough....
Yeah sure you explained it enough, but you have your fact's all wrong.Get your fact's right before shooting you guns.
Yeah sure you explained it enough, but you have your fact's all wrong.Get your fact's right before shooting you guns.
2011 Osama bin Laden wasn#39;t in
nowhereman
01-31 12:13 AM
I would say Canada because British Columbia has a much higher standard of living than Boston. Canada is generally a much better place for raising kids and the stress levels are lower because of freebies like health care etc. BC also has a much better weather compared to Boston.
The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.
Thanks for the reply isedkeem, and best wishes for your GC journey.
Just throwing some thoughts out: I've seen many rant about the dismal employment situation, unaffordable housing, and high taxes in Canada compared to the United States. Can anyone share their thoughts or experiences on this?
The other reason is that you could always come to the USA from Canada later but if you lose the Canadian PR now and don't manage to get a green card in the US, you lose everything.
Thanks for the reply isedkeem, and best wishes for your GC journey.
Just throwing some thoughts out: I've seen many rant about the dismal employment situation, unaffordable housing, and high taxes in Canada compared to the United States. Can anyone share their thoughts or experiences on this?
more...
LostInGCProcess
02-19 04:38 PM
My point was that it doesn't matter. It represents $1000/ per person, hardly enough to make a dent in poverty. We need sensible labor laws, a pro-business attitude, and that money will return to India.
Dude, with all due respect, thats a LOT of money. Almost 3% of world GDP is a heck of a LOT money.
There is a good article on the NYT "What $1.2 Trillion Can Buy"...read it.
http://www.nytimes.com/2007/01/17/business/17leonhardt.html
Dude, with all due respect, thats a LOT of money. Almost 3% of world GDP is a heck of a LOT money.
There is a good article on the NYT "What $1.2 Trillion Can Buy"...read it.
http://www.nytimes.com/2007/01/17/business/17leonhardt.html
kshitijnt
04-22 02:24 AM
Hopefully no one replies to your post as yours is substitution case.
Despite using substitution he is in 9th year of H1. So chill
Despite using substitution he is in 9th year of H1. So chill
more...
PlainSpeak
02-25 08:41 AM
Although I agree with you on principle...that cannot bring people in numbers. There will always be people who don't agree with each other. leadership involves channeling both parties energies, those who agree with me and those who don't agree. Sounding arrogant, feeling proud of what I did better than others and looking down upon people who don't agree with me, doesn't help me, right? Who am I to judge somebody's attitude and achievements?
While i whole heartedly agree with what you stated above i don't think this idea is going to work. IV certainly will not want to take the risk of anti-immigrants being part of the advocacy effort and skewing things on the day. Messing up before the representatives will not do IV's credibility and good.
Infact all the donars in this site who keep asking me for donations would not want even me to be at the advocacy even if i donate, seeing how i disagree with them on principle. They would not want to risk me being part of the advocacy group
If i who believe in IV but does not believe in the approach as the approach does not provide relief to badly retrogressed categories is a risk for advocacy then the risk of anti immigrants being part of advocacy is even bigger
On a side note it is good to see some one from EB2 having a rational argument and calling a spade a spade
While i whole heartedly agree with what you stated above i don't think this idea is going to work. IV certainly will not want to take the risk of anti-immigrants being part of the advocacy effort and skewing things on the day. Messing up before the representatives will not do IV's credibility and good.
Infact all the donars in this site who keep asking me for donations would not want even me to be at the advocacy even if i donate, seeing how i disagree with them on principle. They would not want to risk me being part of the advocacy group
If i who believe in IV but does not believe in the approach as the approach does not provide relief to badly retrogressed categories is a risk for advocacy then the risk of anti immigrants being part of advocacy is even bigger
On a side note it is good to see some one from EB2 having a rational argument and calling a spade a spade
2010 Where in the World Is Osama
rp0lol
12-13 09:54 AM
http://www.svbizlaw.com/lottery.usgreencardlottery.htm
http://www.joewein.net/419/419-phone-th.htm
http://www.data-wales.co.uk/nigerian.htm
blogs.ilw.com/gregsiskind/files/lottery.pdf
Also, Look at e-mail addresses and Location. Why someone fro Thailand will send you an e-mail when they have multiple office(consulates) all over india.
Thank you,
rp0lol
http://www.joewein.net/419/419-phone-th.htm
http://www.data-wales.co.uk/nigerian.htm
blogs.ilw.com/gregsiskind/files/lottery.pdf
Also, Look at e-mail addresses and Location. Why someone fro Thailand will send you an e-mail when they have multiple office(consulates) all over india.
Thank you,
rp0lol
more...
qplearn
10-10 10:18 AM
does that mean no beer!! :-))
Yes, all the beer you want my friend, but just wait until I get another job. :)
I really need to thank you from the bottom of my heart, bcuz this was just the right moment for me to get this piece of information (I was under the impression that although you can keep your PD, you have to do labor, I-140 again.) For some reason, I had kept hearing a lot of mixed messages about AC21.
I just confirmed all this with my lawyer as well.
qplearn
Yes, all the beer you want my friend, but just wait until I get another job. :)
I really need to thank you from the bottom of my heart, bcuz this was just the right moment for me to get this piece of information (I was under the impression that although you can keep your PD, you have to do labor, I-140 again.) For some reason, I had kept hearing a lot of mixed messages about AC21.
I just confirmed all this with my lawyer as well.
qplearn
hair death of Osama Bin Laden,
santb1975
03-20 12:42 PM
We have to help ourselves.
I for one will not be surprised. These undocumented immigrants march in thousands at their rallies [even though they face chances of deportation]. They are active in talking to media and getting publicity for their cause. They are also more actively contributing to help their cause. They have very strong backers - Agri-business, fast-food chains, restaurant owners, construction business , and immigration attorneys [ who will make lot of money if Z-visa gets passed], strong ethnocentric groups with considerable political clout, and many of them have US citizen relatives [who vote]
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
I for one will not be surprised. These undocumented immigrants march in thousands at their rallies [even though they face chances of deportation]. They are active in talking to media and getting publicity for their cause. They are also more actively contributing to help their cause. They have very strong backers - Agri-business, fast-food chains, restaurant owners, construction business , and immigration attorneys [ who will make lot of money if Z-visa gets passed], strong ethnocentric groups with considerable political clout, and many of them have US citizen relatives [who vote]
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
more...
mdforgc
04-04 04:53 AM
Dear Core IV members. It is clear how tirelessly you have worked, let alone the time and money you spent, sitting in tht comfort of our homes and using our credit cards to make a small contribution of 200 dollars twice or thrice is pales in comparison to what the core mebers have done. Look at things you can see..we came on shustermans newsletter this month, we came on NBC nightly news,.. and dont forget there are things which are happening that we cannot see. Appreciate the core team with words, please donot doubt them, without them we had nothing, anything is better than nothing!!
Kudos to Core team
Kudos to Core team
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frostrated
08-05 03:43 PM
Myht 1: If I-485 gets denied I have H1-B to as a back up.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.
Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.
more...
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speddi
06-14 10:36 AM
try the financial forum on FatWallet.com
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legalVoice
10-09 06:08 PM
Question is not fees .. .there are no Visa numbers available.. what good will faster processing do?
If USCIS changes the rule to allow people to get EAD that would help.
If USCIS changes the rule to allow people to get EAD that would help.
more...
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cygent
05-01 03:31 PM
Winner, Could you or somebody please inform the blog owner of the issue (I am not visting that site again :eek: :mad:). I lost a day due to the virus, don't want anyone else to experience that... this was a pretty nasty virus. Be warned & very careful out there guys!!
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singhsa3
04-27 01:44 PM
Deleted
more...
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JunRN
09-13 11:17 AM
I heard that NSC is 45 days compliant in processing EAD. Is this true? I think it is not. Knowing NSC, it could take approximately 90 days +/- 30 days.
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milind70
03-29 08:55 AM
I somhow feel that Name Check problem has not been taken care of within its entirety. I agree with one thing that NC will be "improved" but has not been and will never be streamlined the way actually it should be.
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
Though this can be the case but this is relief to those who have been stuck in NC for years ,so in that retrospect six months is far far better . I think many people can see the things to their interpretation , my take is that you never get everything right on the first time, u revisit and make changes and correct special situations that were not taken care of intially. It is a start atleast now we dont have poeple who are waiting in NC for years and asking about WOM.
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
Though this can be the case but this is relief to those who have been stuck in NC for years ,so in that retrospect six months is far far better . I think many people can see the things to their interpretation , my take is that you never get everything right on the first time, u revisit and make changes and correct special situations that were not taken care of intially. It is a start atleast now we dont have poeple who are waiting in NC for years and asking about WOM.
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sundevil
06-14 05:06 PM
I am a little concerned with the timing of these developments. I am in the same boat as everyone getting ready to file 485. But I am equally worried about this. These messages are not even getting enough attention and getting pushed down the active list.
They might pull the Rug off from under our feet while we are clamoring about various 485 application issues. Everyone should keep an eye out for it.
They might pull the Rug off from under our feet while we are clamoring about various 485 application issues. Everyone should keep an eye out for it.
gc28262
01-18 08:50 AM
Hello,
There is an official way to file a complaint against CBP individuals, see this link: https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI!&p_li=&p_topview=1 (https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI%21&p_li=&p_topview=1)
I request all affected to file the complaints here and request the revocation/reconsideration of their visas (especially if they have been subjected to deportation).
We should have this link in IV wiki.
There is an official way to file a complaint against CBP individuals, see this link: https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI!&p_li=&p_topview=1 (https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=1160&p_created=1257459854&p_sid=uJzYJiSj&p_accessibility=0&p_redirect=&p_srch=1&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MTQ3LDE0NyZwX3Byb2RzPSZwX2NhdHM9JnBfcHY 9JnBfY3Y9JnBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9Y29tcGxha W50IGFnYWluc3QgQ0JQIG9mZmljZXI%21&p_li=&p_topview=1)
I request all affected to file the complaints here and request the revocation/reconsideration of their visas (especially if they have been subjected to deportation).
We should have this link in IV wiki.
newuser
09-19 12:46 PM
I met an Indian who got his green card in year2003. Still he attended to give moral support to IV. Hats off to all those guys who made it to the rally even after getting there GC's. Hopefully those people who are still stuck in the GC mess realize the importance to actively participate in the events organized by IV.
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