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07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
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prem_goel
07-28 02:27 PM
Just to let everyone know if any of you encounter the same issue -
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
kartikbalaji
01-02 10:21 AM
I could see LUD on my I-485 case too yesterday.
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Administrator2
05-21 01:08 PM
Here is an example of a massive success of coordinated grass roots effort.
Banks have spent over 100 million dollars to lobby the Congress to stop Financial regulation reform. But targeted and timely 3000 calls from grassroots to Sen. Scott Brown's office has changed the course of this entire debate.
Because of those 3000 calls, Sen. Brown decided to be the 60th vote for the cloture, ultimately resulting in financial reform.
Source: Scott Brown, under pressure from left, votes for regulatory bill | The Daily Caller - Breaking News, Opinion, Research, and Entertainment (http://dailycaller.com/2010/05/20/scott-brown-under-pressure-from-left-votes-for-regulatory-bill/)
So why did Brown buckle, after voting to uphold the filibuster on Wednesday?
For starters, he received 3,000 phone calls to his office over the last week, all of them by supporters of Organizing for America
Brown received around 900 calls on Thursday alone, a DNC source said.
This is what only handful of us can also help achieve when it matters the most. It needs coordination and timely action from the grassroots and all IV members.
Banks have spent over 100 million dollars to lobby the Congress to stop Financial regulation reform. But targeted and timely 3000 calls from grassroots to Sen. Scott Brown's office has changed the course of this entire debate.
Because of those 3000 calls, Sen. Brown decided to be the 60th vote for the cloture, ultimately resulting in financial reform.
Source: Scott Brown, under pressure from left, votes for regulatory bill | The Daily Caller - Breaking News, Opinion, Research, and Entertainment (http://dailycaller.com/2010/05/20/scott-brown-under-pressure-from-left-votes-for-regulatory-bill/)
So why did Brown buckle, after voting to uphold the filibuster on Wednesday?
For starters, he received 3,000 phone calls to his office over the last week, all of them by supporters of Organizing for America
Brown received around 900 calls on Thursday alone, a DNC source said.
This is what only handful of us can also help achieve when it matters the most. It needs coordination and timely action from the grassroots and all IV members.
more...
INSpector
07-26 11:12 PM
In the last days, I have realized that we have something in common with the first Pilgrims that came to America, we also have a lot in common with all the immigrants that arrived last century to the Ellis Island, and that is the same COURAGE and values to go after our dreams giving the best of ourselves for this country and for our families.
Based on what we did this last month dont you think that we need to take action to do something to make possible an increase on the GCs quota?.
I'd like to use this forum to generate all together as a team great Ideas to show that we are a positive agent of succes for America. The idea of the flowers was marvelous but I think is time to move forward, some new ideas could be:
- Pay a TV commercial showing that we (America) need diversity, need talented Immmigrants to maintain their leadership in the world.
- Post ads in the news papers (WSJ, NY times, Washington Post etc) with the same message.
- I read the blog of Greg Siskind he is doing something great mentioning oustanding immigrants on daily basis, why dont we do the same?
- Attend all senator meetings and speech and have smart and pacific members of IV in all of them showing the message?
I THINK WE CAN DO IT, we are the owners of our future, we are the only really interested in have our GCs, I dont see the USCIS, Lou Dobbs, or USANET interested in see something positive about us.
Please lest post our ideas, and together as a team as the new America immigrants lets look for our future. America is the land where everything is possible I DO BELIEVE IN AMERICA SAME AS THE PILGRIMS AND I THINK YOU ALL BELIEVE THE SAME THATS WHY WE ARE HERE AND why WE READ THIS FORUM...
Please we need ideas.... LETS MOVE FORWARD WE CAN DO IT........
Based on what we did this last month dont you think that we need to take action to do something to make possible an increase on the GCs quota?.
I'd like to use this forum to generate all together as a team great Ideas to show that we are a positive agent of succes for America. The idea of the flowers was marvelous but I think is time to move forward, some new ideas could be:
- Pay a TV commercial showing that we (America) need diversity, need talented Immmigrants to maintain their leadership in the world.
- Post ads in the news papers (WSJ, NY times, Washington Post etc) with the same message.
- I read the blog of Greg Siskind he is doing something great mentioning oustanding immigrants on daily basis, why dont we do the same?
- Attend all senator meetings and speech and have smart and pacific members of IV in all of them showing the message?
I THINK WE CAN DO IT, we are the owners of our future, we are the only really interested in have our GCs, I dont see the USCIS, Lou Dobbs, or USANET interested in see something positive about us.
Please lest post our ideas, and together as a team as the new America immigrants lets look for our future. America is the land where everything is possible I DO BELIEVE IN AMERICA SAME AS THE PILGRIMS AND I THINK YOU ALL BELIEVE THE SAME THATS WHY WE ARE HERE AND why WE READ THIS FORUM...
Please we need ideas.... LETS MOVE FORWARD WE CAN DO IT........
tillu
04-01 10:31 PM
Hi There,
Is it possible??
Company "A" negotiating with a person who does not have paystubs, as he always been on bench.
during this time Company "B" apply for H-1B Transfer(without paystubs as they plan to submit later in a week or so)
Company "A" did the settlement and issues paystubs etc... but same time they apply cancellation of H1.
Can a transfer be done like this???
Please advise as i am dying day and night.............do not make a fun of it.
Is it possible??
Company "A" negotiating with a person who does not have paystubs, as he always been on bench.
during this time Company "B" apply for H-1B Transfer(without paystubs as they plan to submit later in a week or so)
Company "A" did the settlement and issues paystubs etc... but same time they apply cancellation of H1.
Can a transfer be done like this???
Please advise as i am dying day and night.............do not make a fun of it.
more...
king37
07-23 12:00 PM
Hi can someone advise me what is the best way and steps (forms and other supporting documents) to extend the stay for my mother in law beyond the 6 months as given on her entry under 10 year visitor visa for few more months (3-4 months) please. We have a religious ceremony so that she can stay beyond the 6 months and attend. One of the lawyers told me that beyond 6 month as given during her entry is not possible which I doubt it. Pl advise/share your experiences from those of you have gone through this process recently.
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pragir
07-19 10:30 PM
I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.
Check with a lawyer before you do anything.
Check with a lawyer before you do anything.
more...
CrewNYC
09-25 01:31 PM
wow that was quick, can I see it somewhere?
Thanks!
Andrew
Thanks!
Andrew
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mansour
09-08 09:58 PM
Noobie Hijacker - alert!!
more...
saravanaraj.sathya
08-22 05:55 PM
You ve 2 options:
a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
b. Exit USA an re-enter using valid L1/L2 visa.
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
b. Exit USA an re-enter using valid L1/L2 visa.
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
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ozz232
09-07 04:38 PM
Hi,
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
more...
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thomachan72
05-21 01:33 PM
Hello All,
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
My first I-140 (EB3) got denied and is pending in appeals office for more than 1-1/2 years. Since 140 was denied my 485 was also denied.
Later we filed new labor (in 2009) and 140 (EB-2) and got approval after 8 months.
My questions are:
1. Can I file 'motion to reopen' for 485s based on new 140 approval and use the previous priority date (which is 2004)?
2. If not, can I file motion to reopen 485 based on old 140 (which is pending in appeals office) and later if they are open, can we link these 485s with new 140?
Please advise.
How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial? You might have to wait for the approval of the old 140 and then use that PD? You can port the old PD provided the older application is finally approved following the apeals. Just my 2 cents. Check with others/attorney.
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fiestagirl
05-28 08:16 PM
Dealsnet:
From the information I can gather, all medical professionals say that the tetanus vaccination is safe. However I am hugely opposed to vaccinations ever since I had a hideous reaction to a flu shot, but I'm opposed to vaccines especially in pregnancy and USCIS will not accept me not having the tetanus vaccine. Our immigration doctor said I have no choice. I also don't like the mercury and formaldehyde that they put in vaccines and the fact they say it "won't hurt" my baby doesn't go well with me at all. It's interesting how the medical community says "sure, have the shot" yet people in other forums that I've seen say "don't do it!!"
From the information I can gather, all medical professionals say that the tetanus vaccination is safe. However I am hugely opposed to vaccinations ever since I had a hideous reaction to a flu shot, but I'm opposed to vaccines especially in pregnancy and USCIS will not accept me not having the tetanus vaccine. Our immigration doctor said I have no choice. I also don't like the mercury and formaldehyde that they put in vaccines and the fact they say it "won't hurt" my baby doesn't go well with me at all. It's interesting how the medical community says "sure, have the shot" yet people in other forums that I've seen say "don't do it!!"
more...
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chintu25
08-16 02:36 PM
hI wALKING dUDE tHANKS FOR jOINING IN .....yOU CAN HELP BY POSTING BANNERS AND POSTERS IN groceries and temples and other places such as gyms etc to propagate our cause . You can find the slogan/banners in thread posted on mainpage or i can email u some all the best
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newfoundland
08-24 06:51 AM
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
more...
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resident
04-14 01:35 PM
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!
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!
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adhantari
08-13 03:34 PM
people?
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akilaakka
04-25 09:49 AM
The president can do very little about this. Indeed he tried. It is the congress .
ivar27
11-08 12:15 PM
Hello All,
Here's my situation below:
I left Company B and applied for H-1 Transfer with Company C (premium) while this case is pending i got a very gud offer from Company D and wanted to me join ASAP. While i was waiting for approval for Company C yesterday i received Query on H-1 Transfer for Company C.
Has anyone been this kind of situation before. I do not want to loose the opportunity from Company D, is there a way Company D can apply for H-1 Transfer with Receipt number(H-1 transfer for Company C).
Please help its very Urgent.
Thanks in advance
Here's my situation below:
I left Company B and applied for H-1 Transfer with Company C (premium) while this case is pending i got a very gud offer from Company D and wanted to me join ASAP. While i was waiting for approval for Company C yesterday i received Query on H-1 Transfer for Company C.
Has anyone been this kind of situation before. I do not want to loose the opportunity from Company D, is there a way Company D can apply for H-1 Transfer with Receipt number(H-1 transfer for Company C).
Please help its very Urgent.
Thanks in advance
gopi544
06-30 05:41 PM
Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.
Thanks for the quick replay,
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
Thanks for the quick replay,
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
