The worse part is that there are a lot of applicants filing multiple applications. They pay some agencies just to file H1B applications for them. This itself is against H1B application policy. There is an ongoing petition trying to get government's attentions: https://petitions.whitehouse.gov//petition/remove-and-ban-ch...
Multiple petitions with multiple legitimate sponsors is not actually disallowed. That being said, there are few situations where a legitimate sponsor would be on-board with an applicant simultaneously filing another petition. I'm not sure if an applicant is legally (as opposed to morally) required to disclose this to sponsors. It is certainly abused all the time.
USCIS Completes the H-1B Cap Random Selection Process for FY 2016
101–110 of 114 posts
Re: USCIS Completes the H-1B Cap Random Selection Process for FY 2016
#102Earlier quoted context omitted.
OP if you read this, if you decide to get married, you REALLY need to do it before your visa expires (by as much as possible). If you do it after you'll technically be in the country illegally and they will reject your marriage visa automatically (i.e. you'll have to go home to apply for your marriage visa, they won't even accept your application while you're still illegally in the US). It may already be too late to…
Hey armchair lawyer, you're wrong. You can apply for adjustment of status immediately after exchanging vows. This gives you an independent legal immigration status while the application is adjudicated; "pending adjustment." Unless you are already in removal, you're good to go. Even if you are already in removal, if you haven't actually been deported, then you can make the same application for adjustment directly to t…
Here's an actual lawyer that says you're in fact wrong (they're right):
http://www.alllaw.com/articles/nolo/us-immigration/apply-for...
Key quote:
> If you are in the United States with an expired visa, then you most likely are not eligible to apply for adjustment of status.
But the whole article, start to end, almost mirrors the above comment and contradicts most of what you said. Key question: Are you a lawyer? You implied you are but are giving legal advice which contradicts a proven law firm specialising in immigration law. You also criticised someone else for being an "armchair lawyer" (implying you're not).
> You can apply for adjustment of status immediately after exchanging vows.
"Applying" sounds great, but you are in no way granted anything while the process is on-going. In fact they very specifically recommend you avoid travelling to the US while your visa in processes, as that could result in a "misunderstanding" and them junking your visa because they believe you're living in the US already.
That's the advice I was given in person by someone at the US embassy in London. She said "make sure if you travel you, you have a return ticket, and don't take too much luggage or it could cause your application to be rejected."
> simply having being out of status is forgiven when sponsored by a US spouse, so long as there are no other bars to the application
Even though they tell you many MANY times when applying that applying from within the US without legal status will automatically get you rejected? This is the NVS and the US embassy. Where are you getting your information? Can you cite a source which proves that they forgive fiancee visa applicants for visa violations?
> That said, going out of status is never a good idea.
Why? They forgive it according to you. Kind of contradicts what you said before...
> But as long as you apply while you have a valid immigration status, there is no out-of-status time period.
Unless you apply for an extension on your OLD visa, you almost certainly will be out-of-status given how long fiancee visas take under normal circumstances.
> Anyway, OP would be advised to consult with a qualified immigration attorney rather than HN commenters.
I agree. Your comment here is full of misinformation and dangerous misinformation at that. At least the above comment is suggesting they follow the documented visa process (leaving, apply, then re-enter when it is accepted). You're proposing they ignore visa law because of some "magical" clemency you claim that fiancee visa applicants are granted.
Your advice is just dangerously terrible and wrong.
Re: USCIS Completes the H-1B Cap Random Selection Process for FY 2016
#103Earlier quoted context omitted.
I think this hits a snag (as do many income-based schemes) when you consider the effect of region. This results in lots of H1-Bs going to San Francisco, and almost none to Atlanta, because salaries for the same position are twice as high in San Francisco.
It sounds like you believe that there should be an equal geographic distribution of H1Bs. I've never heard this as a goal - can you explain why it should be?
Re: USCIS Completes the H-1B Cap Random Selection Process for FY 2016
#104I'm originally from France, came to the U.S. for undergraduate studies in 2010. My first year here, I fell in love and started dating an American student, and have been dating her ever since. Similarly, I fell in love with the United States, and wish to spend my life here. Currently, I am currently on OPT, applied for the H1-B process this year with my great SF company, and now am waiting to hear back about my 28% ch…
The goal of marriage really shouldn't be getting a visa... I'm saddened that we have to entertain this solution. It feels almost like exchange my body for some materialistic goal when I think about it (of course I'm not OP).
If so, get married for the visa, it doesn't change anything important anyway.
Incidentally this is what me and my wife did so we wouldn't have to deal with the immigration lottery, it's working for us.
Re: USCIS Completes the H-1B Cap Random Selection Process for FY 2016
#105Re: USCIS Completes the H-1B Cap Random Selection Process for FY 2016
#106My H1B was revoked by my employer in January. My I-94 is valid until September 24, 2015.
What are my options to go back and work in the US now? Is there anything besides filling a new petition in 2016?
Or is transferring the previous H1B still an option?
Re: USCIS Completes the H-1B Cap Random Selection Process for FY 2016
#107Earlier quoted context omitted.
I see a continued loss of excellent, experienced -- 10-15 years into their careers -- engineers from sf to Seattle, Chicago, Colorado, Boston, and Austin driven by an admixture of the poor wages in sf/peninsula compared to housing costs, poor transport plus long commute times, very high education costs for children, high daycare costs, and family unfriendly work policies. Three friends and at least nine acquaintances…
The Bay Area is fundamentally broken in that cities refuse to build new housing and schools. Supply is limited, demand exceeds supply, and engineers are competing against each other for that very limited supply. So if all us engineers' salaries went up, it wouldn't help. We'd just end up spending even more to out compete each other. (Well, I guess it would help push non-engineers out of the Bay Area, but is that real…
And on the other side, NIMBY's in low-density areas like Menlo Park and Atherton killed the restoration of the Dumbarton Bridge Rail (also victim of a mysterious arson recently) and are delaying electrification of the Caltrain. The Dumbarton Bridge, for example, would allow people to live on the East Bay and take direct rail into Palo Alto, Redwood City or Menlo Park, and up and down the corridor.
Re: USCIS Completes the H-1B Cap Random Selection Process for FY 2016
#108I had to resign from my job in San Francisco in order to go back to France for a couple months due to family issues. My H1B was revoked by my employer in January. My I-94 is valid until September 24, 2015. What are my options to go back and work in the US now? Is there anything besides filling a new petition in 2016? Or is transferring the previous H1B still an option?
Re: USCIS Completes the H-1B Cap Random Selection Process for FY 2016
#109Re: USCIS Completes the H-1B Cap Random Selection Process for FY 2016
#110Earlier quoted context omitted.
1. You can apply for permanent residency under the extraordinary individual or highly qualified individual (if you have a specialty profession e.g. STEM) 2. Academic and non-profit jobs don't have a cap. You could take such a position and then apply for permanent residency. 3. You can apply for the green card lottery (I'm assuming you are born in France).
I like 2. and 3. Could I do 3. while doing 2?
Be careful with the lawyer: try and get one through a recommendation of someone you trust who has used their services. Because of the high demand for immigration into the United States, there are many unscrupulous people involved in such matters.