H1B Visa

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Isn't it interesting that this year (2009) there are still 20,000 H-1B left that no companies have applied for 4 months after the dead line were they usually all are taken?
This is because the recession has made it impossible for banks and other TARP precipitants to hire people from abroad for a job that an American can fill and it is quite a stretch in this economy to argue that you can not find a qualified IT worker in the US.

True. But, TARP alone is not the real issue. I think the economy has been hard on all jobs including H-1. TARP is a factor. And there has been a disproportionately high rate of H-1 denials.

H1 6th Yr - Labor Approved - NO I-140

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My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?

Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).

B Visa renewal

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I came back from states in 2003. I had mulitiple b1/b2 visa that was expired in 2006. Now, if I apply again so what are the chances? Can i get multiple visa again?

I see no reason why not.

TN Holder laid off

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My husband was recently laid off after submitting an I-130. He is a Canadian citizen on a TN visa. He is still living in the US, all though his TN requires him to go back to Canada if he is not employed. The I-130 was approved, and now USCIS would like the I-485 change of status. This requires him to state his employment. Since he is not employed should we notify USCIS that he is moving back to Canada? Or should he apply for an EAD along with the I-485? What is the best approach?

Do not be alarmed. If you are a US citizen, there should be no issues.

Travel overseas on F-1

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I am an international student on F-1 from France, I just finish my semester and I am now transferring to a new school starting classes early October. Since I have almost a month off, I had thought once I get my new I-20, about going back home in France for a couple of weeks, but when I said that to my new school advisor, he suggested that I shouldn't travel overseas until the thanksgiving break comes and after classes start, however; I am not sure that this information is correct. I thought that once I have my new I-20, I could go home and come back without any problem. Should I go or not?

I do not know the details of your case or your SEVIS status. If your International Students Advisor is experienced in immigration law (most of them are), you should take their advice but ask them to tell you the reason.

I-140 Denied

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My I-140 got Denied on Aug 17 on Ability to pay after a RFE.Reason for Denial is "Employer had filed more than 30 cases since sep 2008, and company's net Asset $4M(approx) AND Liablity $2M (approx) and so the net "LIABILITY" is $1M (4-2=1 but they have calculate as -1).30 cases with $1M libality is not sufficient to support this Immigrant , company needs more than $3M to support 30 cases. The truth is (as per my employer) that we have filed 29 cases since 2006 and not sep 2008 also company has more funds and the numbers 4M and 2M are incorrect.What can be done ?

You can refile the I-140 or file an MTR/Appeal. Both have pros and cons.

Daughter of U.S. Green Card holder

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I am married to a U.S. citizen. My two sons from Malaysia under 21 received their GC are already in the U.S. My husband could not file for my daughter as she was above 18 when we married so I filed on Sep 2009, I-130 before she turned 21 . My question, is there any way to bring her to the U.S. ONLY to visit us until her I-130 gets approved. We only want her to visit us and not overstay in USA.

There is no easy solution. The only two obvious visas that come to mind and that available for someone like your daughter would be H-1 or L-1 (employment-based) visas. A student visa can be tried, but the grant us unlikely because green card is pending. I have an entry on my blog on this - applying for a nonimmigrant visa while green card is pending. Check it out.