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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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x1050us
06-15 09:36 PM
That explains. Thanks for the reply
kirupa
06-21 03:04 PM
You interpreted it correctly and your entry flies very nicely under the guidelines! :)
2011 Revista Vanity Fair com Anne
STK
02-08 02:01 AM
I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
more...
rohiral
04-28 08:47 AM
Hey there
I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?
I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?
cinqsit
06-24 07:36 PM
You can extend apply for AP (Advance Parole) ;-) at anytime provided you have your 485 pending so there should be no "risks"
only risk i see is that what if you have to travel and for some reason your H1 stamping gets delayed (if you have a AP you will be safe there)
Also their processing times keep on fluctuating - what if you later down the road are
in need of AP apply for one and then dont get it approved by the time you want to travel
Personally I prefer to just keep things simple and apply for AP renewals even though
I wont use them - just so that there is no "divergence" from the norm
Just so when USCIS officer is processing your case they wont have to think or
issue query to get clarification etc etc
cinqsit
only risk i see is that what if you have to travel and for some reason your H1 stamping gets delayed (if you have a AP you will be safe there)
Also their processing times keep on fluctuating - what if you later down the road are
in need of AP apply for one and then dont get it approved by the time you want to travel
Personally I prefer to just keep things simple and apply for AP renewals even though
I wont use them - just so that there is no "divergence" from the norm
Just so when USCIS officer is processing your case they wont have to think or
issue query to get clarification etc etc
cinqsit
more...
feedfront
09-17 09:55 AM
I have not seen this situation with anybody else on forum. Talk to good attorney, they should help you out.
RFE is time sensitive. So act fast.
Good Luck!
RFE is time sensitive. So act fast.
Good Luck!
2010 Anne Hathaway and James Franco redo Grease? That#39;s what is appears is
sri1234
05-15 03:04 PM
Hello Attorney's
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
more...
glamzon
07-23 08:54 PM
thanks
hair James Franco#39;s representative
Steven-T
February 7th, 2004, 07:03 AM
See:
http://www.sportsshooter.com/message_display.html?tid=7345
Gene Bevins post.
I sincerely hope this is just a joke, or a rumur at best.
Replacing your head, who have you become?
We need competition. Canon is going to kill the Canonians. Many Nikonians are posting to switch too. Me included.
Steven
http://www.sportsshooter.com/message_display.html?tid=7345
Gene Bevins post.
I sincerely hope this is just a joke, or a rumur at best.
Replacing your head, who have you become?
We need competition. Canon is going to kill the Canonians. Many Nikonians are posting to switch too. Me included.
Steven
more...
santa123
06-20 03:14 PM
Can someone share a sample or a template for the affidavits from former colleagues / managers, in cases where employer experience letter in specified format is not obtainable?
Thanks in advance!
Thanks in advance!
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WaitingUnlimited
10-12 03:34 PM
Anymore thoughts?
Thanks
WA
Thanks
WA
more...
house james-franco-anne-hathaway.jpg
gcbeku
08-12 11:43 AM
My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
tattoo James Franco skipped his own
08OCT2008
01-25 08:34 AM
IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
more...
pictures Anne Hathaway and James
gcisadawg
02-13 11:42 AM
these things are like taking a duck to the pond ... for a Desi..
Yes, that's so true. But ensure, the duck is on a leash. otherwise it may never get back and make you wait at the shore forever....( Case in point, hard earned/saved money in stock market and unaffordable home.....waiting for ever for the recovery)
Yes, that's so true. But ensure, the duck is on a leash. otherwise it may never get back and make you wait at the shore forever....( Case in point, hard earned/saved money in stock market and unaffordable home.....waiting for ever for the recovery)
dresses Oscar hosts Anne Hathaway and
Queen_of_Sheeba
05-07 01:24 AM
wow that was quick! I hope you're right that the Master's cap isn't related to the educational level of the job. On the other hand, I just talked to a friend who was sponsored by a big company that does heaps of h-1b's, and they got him to apply under the regular cap so it would be easier...
more...
makeup 0228anne-hathaway-james-franco
aniraj
02-03 02:31 PM
My wife has a valid H4 stamp in her passport till Jun2011 while my daughter has valid H4 but no stamp in her passport. Both are visiting Canada this week end.
My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
re-enter on AP as she does not have stamp in her passport.
Gurus could you see any issue since they are travelling together?
(They are flying not driving)
My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
re-enter on AP as she does not have stamp in her passport.
Gurus could you see any issue since they are travelling together?
(They are flying not driving)
girlfriend James Franco and Anne Hathaway
M�rmUr3n
04-19 07:41 PM
That's a very cool effect, simple and interesting, nice job, but the price ,....mmm it needs something, don't you think?
hairstyles Anne Hathaway and James
vnsriv
11-04 10:38 AM
Gurus,
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
davidmaria
06-24 05:43 PM
Hi
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
I am still working with my old company B .
My question is Am i eligible to change company C
without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.
Thanks,
David
raysaikat
05-07 08:42 PM
Hi,
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]