Please see the attached memorandum released by the USCIS on Dec 10,09.
As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.
U.S. Citizenship and Immigration Services (USCIS) reminds the public that the H-1C nonimmigrant category expires on Dec. 21, 2009.
U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.
My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.
We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.
We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.
I am currently working for company A as a contractor via a preferred vendor Company B, and my employer is Company C. Now my client company (Company A)has offered me a permanent position with them, thus would there be any hassles while doing an H1B transfer to my client company(Company A) from my employer(Company C) due to the employer/employee relationship memo?
Working directly for the end-client eliminates the employer-employee issue usually.
My company has agreed to bring me and my wife to USA on L2 visa and then later get a H1 B visa. I want to make sure my parents have a B2 visa before I leave India. I have thought of two possible approaches:
a) Get a B2 visa for my parents but telling US consulate that I am traveling on business to USA and want my parent to visit the country. I used the same method for my wife 2 years back with no problems.
b) Get a L2/H1B visa for my self and then submit a request saying my parents want to visit the country for some time.
I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H visa.
I am so Thankful to Mr. Rajiv Khanna and team. Initially my company's lawyer filed my H1B transfer with their own layer who screwed up everything Even I was working with the direct client and yet my h1B transfer got denied and my former company already had revoked my H1B petition with them I taked with many lawyers with Initial consultation fees but when I talked Mr. Rajeev Khanna oh my god he completely relieved my tensions he directly said that If you want to file a case with USCIS I will do it free for you however I didnt wanted that I just wanted to come out of this situation as I was Out-Of-Status So after handling my case to Rajiv Khanna and team (Mr. Rajiv Khanna,Judi and Anna) I immediately left for India and withing few months my H1B got approved without any RFE even my company officers were surprised with having no RFE I am so thankful to Mr. Rajiv Khanna and team :)