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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 04-14-2011, 05:00 AM
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sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts
Default new H1-B term

Hi,
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

So, can you

1. enter the US on B2 for a job search from June 2011 - September 2011
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011

and not raise any of the following red flags :

1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ?

2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2

3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ?

4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ?

5. Would the consulate cancel my B2 visa after stamping H1-B ?

Please advise on where I should give gaps in my timeline or would cutting it so close work ?

Last edited by sk8er; 04-14-2011 at 05:12 AM.
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  #2 (permalink)  
Old 04-14-2011, 07:29 AM
SGP SGP is offline
Senior Member
Priority Date
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Nov-02
Category
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EB3
I140 Mailed Date
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07/25/2007
Chargeability
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India
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I-485
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02/06/2013
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Default

Quote:
Originally Posted by sk8er View Post
Hi,
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

So, can you

1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes

and not raise any of the following red flags :

1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.

2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised

3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine

4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US

5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not

Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.
Please see my replies in Bold Dark Green.
____________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey
(see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
__________________
GREENED ON APRIL 16, '13
Priority Date:Nov 08, '02
Category:EB3 (India)
I140 Receipt Date:Jul 26, '07
I140 Approved Date:Apr 8, '08
2nd I140 Receipt Date:Jul 22, '11
I140 RFE Date:Mar 6, '12
I140 Approved Date:May 23, '12
I-485 Mailed Date:Feb 6, '13 Finally
I-485 Receipt Date:Feb 7, '13
I-485 Notice Date:Feb 12, '13
EAD & Advance Parole Approval:Mar 2, '13
EAD & Advance Parole Combo Card Recd Date:Mar 8, '13 (valid for 1 year)
Finger Print Notice date:Mar 29, '13
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  #3 (permalink)  
Old 04-14-2011, 05:12 PM
Junior Member
Priority Date
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N/A
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Afghanistan
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Join Date: Mar 2011
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Ingerried is infamous around these parts Ingerried is infamous around these parts Ingerried is infamous around these parts
Default

женщины, напротив, отличаются чистотой своих нравов. Тиапы также придают
на почве внушения, которое совершенно аналогично более сильному по своим
этого "глаза ее могут стать маленькими".
XVI столетия изображены две женщины, из которых одна натирается подобной
несмотря на ее более чем скудное образование. Кроме того, девушка эта

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  #4 (permalink)  
Old 04-16-2011, 10:04 PM
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Join Date: Apr 2010
Posts: 17
sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts sk8er is infamous around these parts
Default cross chargebility

I cannot read the above post
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  #5 (permalink)  
Old 04-16-2011, 11:26 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
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09/10/2008
Chargeability
:
India
Processing Stage
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I-140
I485 Mailed Date
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Join Date: Mar 2008
Posts: 2,291
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by SGP View Post
Please see my replies in Bold Dark Green.
____________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey
(see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
For Questions 1-4 : If you are going to search for job, you are a consultant and search for employe employer relationships issues. Its not easy to get the stamping done.

For Question 5. You can not have two visas in your passport. So if you get the H1B stamping they will cancel the B2.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #6 (permalink)  
Old 04-17-2011, 10:09 AM
Banned
Priority Date
:
May-02
Category
:
EB2
I140 Mailed Date
:
02/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/26/2007
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Join Date: Apr 2011
Posts: 15
FraudGultee is infamous around these parts FraudGultee is infamous around these parts FraudGultee is infamous around these parts FraudGultee is infamous around these parts FraudGultee is infamous around these parts FraudGultee is infamous around these parts FraudGultee is infamous around these parts FraudGultee is infamous around these parts FraudGultee is infamous around these parts FraudGultee is infamous around these parts FraudGultee is infamous around these parts
Default h1b, L1 and B2

i heard one can have both valid L1 and B2 visas not sure if it works with H1b
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2 out of 2 members found this post helpful.
  #7 (permalink)  
Old 06-24-2011, 03:53 PM
Junior Member
Priority Date
:
Sep-10
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Jun 2011
Posts: 2
srimurthy is on a distinguished road
Default YOu can

You can have both visas stamped say H1 and B1 or L1 and B1 / B2. The only thing is one is currently in US either on H1 or B1 or L1 and that is based on I-94 and at the time of entry when you inform on what purpose you are entering the country. Visa's do not mandate / guarantee your entry into the Country but I-94 does and it dictates your period of stay.
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  #8 (permalink)  
Old 06-24-2011, 03:57 PM
Donor
Priority Date
:
N/A
Category
:
EB2
I140 Mailed Date
:
09/10/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2008
Posts: 2,291
snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute snathan has a reputation beyond repute
Default

Quote:
Originally Posted by srimurthy View Post
You can have both visas stamped say H1 and B1 or L1 and B1 / B2. The only thing is one is currently in US either on H1 or B1 or L1 and that is based on I-94 and at the time of entry when you inform on what purpose you are entering the country. Visa's do not mandate / guarantee your entry into the Country but I-94 does and it dictates your period of stay.
Please post the source...
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #9 (permalink)  
Old 06-24-2011, 04:16 PM
Senior Member
Priority Date
:
Jul-02
Category
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EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Jan 2006
Posts: 1,026
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Default

Quote:
Originally Posted by srimurthy View Post
You can have both visas stamped say H1 and B1 or L1 and B1 / B2. The only thing is one is currently in US either on H1 or B1 or L1 and that is based on I-94 and at the time of entry when you inform on what purpose you are entering the country. Visa's do not mandate / guarantee your entry into the Country but I-94 does and it dictates your period of stay.
Not true about the visa portion of your statement. Nowadays, they cancel all previous visas (valid or not) with a "Canceled without prejudice" stamp.
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