Agreed China has lot of students coming on F1. However unlike their Indian counterparts who join workforce on H1, they prefer to stay in academics by pursuing PhD, Post doc etc.
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Agreed China has lot of students coming on F1. However unlike their Indian counterparts who join workforce on H1, they prefer to stay in academics by pursuing PhD, Post doc etc.
Trivia.
December 2004 VB:
http://www.travel.state.gov/visa/bul...etin_1343.html
All was C, and in this one, they warned that EB3 is seeing very heavy demand and we may need to retrogress and they did in January 2005.
It almost feels surreal to see everything current in December 2004.
and then October 2005
http://www.travel.state.gov/visa/bul...etin_2631.html
EB2 I/C became retrogressed. It's interesting, even EB1 I/C is retrogressed in this bulletin.
It was Current in September 2005 http://www.travel.state.gov/visa/bul...etin_2616.html
I think you are just talking about the H1B visas under the cap. There are H1B visas outside of the cap as well for example Hospitals, Universities, Government offices, Non profit organizations are exempt from cap so any number of H1B can be allocated to them as long as they have a need and can justify the hiring.
Number of H1B issued is always higher than the H1B cap since non-profits like Universities are exempt from the cap and they are not counted in the 65K+20K limit. Although I do agree with you that the numbers may include renewals.
BTW the current year is proving really slow for H1B. Only 32K of 65K regular cap and 16K of 20K Masters cap has been consumed until 09/09/2011. Could it be that for the first time in forever we might not fill the H1B quota this year??
@Nishant2200 some of it was due to fluctuating demand but a big part of those movements was also due to lack of coordination between different agencies and offices. They couldn't keep track of how many visas they had uses/left for the year. Systems are much better now so hopefully we will avoid such wild swings.
Gurus ,
I have a question. Been on h1b and currently in my 5th yr .
The first three years of h1b , in 2009 bad recession and I took a job for a few months in Canada while having an inderstanding with my then employer that he would keep my h1b open . one weekend when I drove in to USA my employer told me that he accidentally informed uscis that i'm no longer employed . It seems he did it in May of 2008 and told me first time August, knowing that I immediately applied for H4 since spouse is on h1b with approved 140 . I confronted my employer and he gave me a letter stating that I worked till Aug of 2009. I believe for over 2 months I was technically out of status. Luckily I got h4 approved in nov and the following month I also got a job and new employer coverted me from h4 to h1 successfully. Worked for a year and switched job again and now the new employer transferred h1B .
What is giving me sleepless nights is , my spouse is close to file her I 485 and I along with her will be filing I 485 . As a dependent , I'm worried if they will catch those 2.5 months I was not in status since I applied h4 later . Dont have any pay stubs except the letter given my employer. Please advise .
EB2 ... i think your situation is mildly serious. I wouldn't lose sleep over it. But I would recommend having a good lawyer represent you.
It seems even if you accrued unlawful presence it was not of your doing. So USCIS wouldn't look at it unfavorably. They already gave you a second H1 or extension of first H1 ... right? So probably you will be ok.
I am concerned about the letter from employer though since howsoever small its inaccurate at best and fradulent at worst. And depending on how things proceed and what kind of USCIS officer you are going to meet, that thing could slip through or come and bite you in rear.
So best to come straight and lay things out as honest as possible. I would think that you would be ok. But i think its worth spending some money and having a lawyer represent you in this case - given how much time effort and money you and your wife have invested thus far ..
soggadu I will "patao" the princess. Go ahead and change your avatar to upend cool mj!
in the fear that i would not find my I-20, i have sent an email to the office of international affairs at my univ...didn't get any response yet but luckily after an hour or so of digging up i found my I-20...a little bit of relief (today my attorney gave me a list of docs needed for i485 and it includes I-20)...
Since the Nov bulletin is coming up, what are your opinions on further movement? Initially, my thoughts were that the VO will not move dates further (at least within next bulletin) as they may need some more time to gauge actual demand related to the Oct 2011 bulletin. This is because it will be only 8/10 days into Oct when the Nov bulletin comes out. But after hearing the news that they have run out of visa numbers for 2011, I am now thinking that there may be good chance of further movement in the Nov bulletin.
Q,
We had kind off forgotten about your source after the disappointing Aug and Sep bulletins. Would it be possible to invoke that channel again?
Even I am thinking how will DOS decide on cut off dates for Nov since they will have ~8 days in Oct to look at new EB2IC I-485 filed based on movement in Oct VB. Probably DOS is not clueless about expected new demand, but are testing the waters. I am guessing (hoping) that they will move atleast 3 months in Nov.
I think anything can happen at this point. They might stop or move by another 3 months or so. I really hope they donot retrogress the dates, as that would probably mean little-no movement in the coming months :(
Q, It would be great if " Cali baba" can give us some info :)
Q - I had the impression that we were going to shift to a new thread for the new FY. This thread has become too unwieldy I guess. You can reserve say the first 10 posts for you to edit updates and summary throughout the year and we can all start afresh.
Being a perennial pessimist, even I went ahead and made an appointment with a civil surgeon to get the vaccinations. Dates will move, hopefully :)
I guess new thread for 2012 will be opened on 10/01.
You are correct about only path to work is H1. However most Chinese students continue to be on F1 for higher studies and once they enter the PhD program then the wait can be 4,5,6,7 years (depends on the prof) and they needn't apply for H1.
Phd takes 5 years or more, plus several years of postdoc. It will be more than one decade.
One thing I noticed is that there are thousands of Chinese students studying Biology, Chemistry and Physics, but I don't see many Indian students study these subjects. Most of my Indian friends are studying computer science and other engineering subjects. Usually it's difficult for the Chinese students to find a job after getting degrees in these subjects such as Biology, Chemistry and Physics. The only opitions for them are post doc positions or returning home.
Some universities started issuing SEVIS I-20s little late, So it is possible the initial I-20 is a regular one and the later one is SEVIS I-20. That is the case with our university. This was in 2003 spring(joining) and 2004 Fall (applying OPT). So you might want to check and use the SEVIS I-20 or send both.
For a Post Doc, it will be either J1 or H1 visa; this depends on the policy of the school for international researchers, field of research, country of citizenship, etc. I have seen Post Docs with both J1 and H1 visas; as a thumb rule, most of the Post Docs with Phds from foreign universities start with J1 visas (they might switch to H1, if the duration of Post Doc exceeds 2 - 3 years) and many Post Docs with Phds from US schools have H1 visa (generally, they start on OPT and then move on to H1B visa), but there are surely exceptions to the above.
veni, thanks for the clarification.
My attorney also just responded and said it would not be a problem to have the gap between birthdate and issue/seal date. i just checked registration dates on our birth certificates and the difference from birthdate is only 5 days for me and 11 days for my spouse...
If the LCA & I-140 wages are less than your "Pay less Per Diem", I don't see any issue whatsoever.
If they are not but your total taxable pay on your W2 is more than LCA and I-140, I would still believe that you will be ok.
However if both of the above are false then you may be in trouble. Just a layman's opinion. Check w lawyers/CPAs as required.
USCIS Seeks Public Comments on Proposed Rule Impacting Certain Pending Immigrant Investor (EB-5) Applications.
http://www.ofr.gov/OFRUpload/OFRData/2011-24619_PI.pdf