Further News from CIS

Rajiv S. Khanna

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
CIS has confirmed the following:

1. They will adjudicate FY2005 cases as soon as they can (not wait till October 1.). So if you file on 1 April, the CIS will start procesing in April itself.

2. Premium processing IS available fro April filers and beyond. There was some doubt about it, but CIS has resolved it.

3. The following classes are exempt from cap:

(a) beneficiaries who are in J-1 nonimmigrant status in order to receive graduate medical education or training pursuant to Immigration and Nationality Act (INA) 212(e)(iii),and who have obtained a waiver of the 2-year home residency requirement under the provisions of the INA first 214(1)(1)(B)(commonly referred to as the Conrad State 20 program);or

(b) beneficiaries who are employed at, or who have received an offer of employment at, an institution of higher education (as defined in the Higher Education Act of 1965 101(a), 20 USC 1001(a)),or a related or affiliated non-profit entity; or

(c) beneficiaries who are employed by, or who have received an offer of employment from, a non-profit research organization; or

(d) beneficiaries who are employed by, or who have received an offer of employment from, a governmental research organization; or

(e) beneficiaries who are currently maintaining, or who have held within the last 6 years, H-1B status, and are ineligible for another full six year stay as an H-1B; or

(f) beneficiaries who have been counted once toward the numerical limit, and are the beneficiary of multiple petitions.
 
Re: Source of Information

Originally posted by needh11
Rajiv,

Can you please tell me what is the source of the following information:

1. They will adjudicate FY2005 cases as soon as they can (not wait till October 1.). So if you file on 1 April, the CIS will start procesing in April itself.


My employed talked with 2 CIS offices today (03/12) and they told us that the processing would begin only on October the 1st.

Thanks.
Click to expand...


Ours association AILA-CIS commuication.
 
Not under cap

Originally posted by applicant2
I had a question the 6 year thing.the last clause in the list of statement in the post above.

relevant dates:
june 30-end of opt
july to sept -will try to get onto b2 visa.
oct 1-start of h1

I hopefully will have h1 approval in april and then try geting on b2 visa from july to sept.
If in the meantime between july to sept,if i get another job,will have to apply for h1 again.will i come under h1b cap again?or i will not since i have once been approved for h1 visa once in april?
Can you please answer?

Regards,
Anjali
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If the job is to begin after Oct 1, no cap problem.
 
Re: h1 - b quota and latest update

Originally posted by chandras20
hello,
I had some questions regarding this latest update frrom CIS and beyond.
My OPT expires on aug 3. My employer had filed for premium processing last month but it reached ins on the 19th of feb and so the app was returned. Now they plan to file it again on march 31st with premium processing so that it can be on time for april 1st.
Questions.
1. This latest update says that the applications will be processed starting from april 1st itself. Does that mean earlier it meant that from april 1st to october they would be just taking applications , but processing would be done after october ?

+++++++++++++That is what was feared earlier.

2. Even though they say processing now, the employment will start from october 1st right ??

++++++++++++++++++++++Yes.

3. Does the time when you apply from aprill to october matter in the sense that a person applying in september will still be able to start working from october 1st ?( provided the quota is not over)
+++++++++++++++++If the September applicant has H-1 approval by Oct 1 - yes.

4. My reason for this october 1st question is because my opt expires on aug 3rd and taking 60 days as the grace period it comes to oct 3 and so should it be ok ?

+++++++++++++++++++Looks like it will be OK.

5. This brings to my final question. Will i be in status between aug 3 to oct 1st, since
a) Lets say i have applied on april 1st and my visa gets processed and aprroved for employment starting on oct 1.
b) or i have applied and my visa is still in process. but since i have applied for this visa does it make me in status

+++++++++++++++++++In either case you should be OK because there appears to be no gap in your status.

Please help me out..

sachin
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How is this different?

Rajive,

I read your latest update and I don't understand how the situation has changed?

IF I file April 1 with Premium Processing does this mean I can start working in April if I get approved?

Also I like to thank you for providing this service it's a great help!

Thanks

M.
 
Hi Rajiv,

Thanks for all the info and the replies you have posted on this forum..

I am in a jam like a lot of people as I missed the H1B quota.. I have a few questions and would really appreciate if you could address them. A consulting co is going to apply for H1B in April '04. My OPT expires on June 25th

1. Can I apply for a 'Visitor for Business' Visa or any other visa for the interim period (July - Sept) to continue working on the project that I am currently working on ?

2. If not, then I would atleast like to stay in the US and maintain a valid status. Say the approval for H1 comes through by mid/late April (with a start date of Oct 1st).. Can I then apply to a school and be in status till Oct 1st ? Will this negate my H1B visa ?

3. In the worst case scenario, say if I have to leave US. Will I have to leave on June 25th (OPT expiration date) or August 25th (OPT expiration date + 60 days) ?

Thanks a ton Rajiv
 
CIS News

Hello Rajiv,

My OPT has expired past week and the two month grace period will give me time till May 2nd week. I have an employer who is willing to file H1 for me immediately. As CIS will do premium processing for all new H1 applications from April 1, Can I legally stay in US till october once the visa is approved (probaby by April 20) even though I wouldn't be able to work till october 1?

I appreciate your time.

Regards,
Aravind
 
Re: CIS News

Originally posted by kydesi
Hello Rajiv,

My OPT has expired past week and the two month grace period will give me time till May 2nd week. I have an employer who is willing to file H1 for me immediately. As CIS will do premium processing for all new H1 applications from April 1, Can I legally stay in US till october once the visa is approved (probaby by April 20) even though I wouldn't be able to work till october 1?

I appreciate your time.

Regards,
Aravind
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Arvind, you are OK to stay only until 60 days after expiration of F-1 OPT.
 
Rajiv,

I have two questions regarding possible situations.

Currently I am on my OPT which is going to expire on Aug 10.

1) If I get my acad institute sponcered H1B in April or May and another PVT company A is applying H1B for me to start on Oct 1 then is that ok ?
2) If Company A applies for my H1B in April and I get approval for that (wrok starting Oct 1) and in meantime (from April to Oct) I decided to work for company B which is also sponcering my H1B (Application in August suppose and work starting date from Oct 1) then whether my case will be considered against quota limit (as I have not started to work for A and just got their approval) or I will be waived from the numerical limit.
I am just trying to find out that getting approval of H1B in april has any advantage such as waive from numerical restriction or any other .

Thanks,
KVD
 
Originally posted by kedar_2000
Rajiv,

I have two questions regarding possible situations.

Currently I am on my OPT which is going to expire on Aug 10.

1) If I get my acad institute sponcered H1B in April or May and another PVT company A is applying H1B for me to start on Oct 1 then is that ok ?

++++++++++++++++Yes.

2) If Company A applies for my H1B in April and I get approval for that (wrok starting Oct 1) and in meantime (from April to Oct) I decided to work for company B which is also sponcering my H1B (Application in August suppose and work starting date from Oct 1) then whether my case will be considered against quota limit (as I have not started to work for A and just got their approval) or I will be waived from the numerical limit.
I am just trying to find out that getting approval of H1B in april has any advantage such as waive from numerical restriction or any other .

+++++++++++++++++++Impossible to predict. I am not at all sure how CIS will count you.
Thanks,
KVD
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H1B filing

Rajiv,
My employer informed me that CIS would consider the H1B filing only after october 1. However, you had posted an information saying that CIS would consider it immediately after filing after the April 1. Please could you provide authenticity of the information.
Thank you very much.

Sunil
 
Re: H1B filing

Originally posted by sunil.narisetty
Rajiv,
My employer informed me that CIS would consider the H1B filing only after october 1. However, you had posted an information saying that CIS would consider it immediately after filing after the April 1. Please could you provide authenticity of the information.
Thank you very much.

Sunil
Click to expand...


I have posted what we heard from USCIS. Your employer must be mistaken.
 
Rajiv,

This forum has been a great source of information. It has worked as a tremendous medium that allows Immigrant community to share their views and grieves. I really appreciate your work. My questions are as follows:

My H1 expired more than a year ago. Both me and my wife changed our status to pending AOS, started working on EAD. I changed my employer on EAD. Unfortunately, my 485 application has been denied due to INS service error. I want to have H1 as a backup.

1) After reading the FAQ, I think my H1 should be cap exempt.
2) Does an approved H1 give me protection from illegal stay while the decision on my MTR is pending? Do I need to switch to H1 while my MTR is pending?
3) In case if it is advised to work on H1 to protect against illegal stay, while pending MTR, How does my wife convert to H4 as she is presently in US? Can she get the H4 while staying in US?

Thnx,
 
H1 stamping

If I apply for new H1 stamping in april for premium processing and get the approval, do I need to get the stamping from india done immediatly for Oct or is it ok to go and get the stamping done in oct only.. Is there any issue in this ?
 
Calrification reqd on point 3e (previously on H1)

Hi Rajiv,

I would appreciate you clarifying point 3e in your post.

For all of 2003 I was working in the USA on a H1B, and that H1 petition was approved till June 2004. (That was my first time on a H1)

In Jan 2004, I changed my status to a H4 and am currently in the USA on a H4 visa.

I now want to apply for a new H1 for proposed employment starting in May 2004. Can I do that? Am I exempt from the cap since I have previously been on a H1 and have not been out of the USA for more than a yr.
I am reading confilicting information on this (even within this website).

Thanks for your time!

Charles.
 
Rajiv,

what does this mean

(f) beneficiaries who have been counted once toward the numerical limit, and are the beneficiary of multiple petitions.


my case i have been approved for H1 for the FY2004 but starting
August 1st till then I am on OPT. so can i get it transfered now even if its not in effect. coz i am already counted towards the numerical limit for 2004.
 
I think you can transfer

Originally posted by Shanbhag
Rajiv,

what does this mean

(f) beneficiaries who have been counted once toward the numerical limit, and are the beneficiary of multiple petitions.


my case i have been approved for H1 for the FY2004 but starting
August 1st till then I am on OPT. so can i get it transfered now even if its not in effect. coz i am already counted towards the numerical limit for 2004.
Click to expand...
 
Rajiv,
I am planning to apply for H1B for FY 2005 and my OPT expires on Oct 15th.
1. When is the earliest I should apply to make sure that I fall in the FY 2005 cap ? I have been told by people ( sic!) that I should apply ASAP as the quota is going to be over before Oct 1st !!

2. If I apply for my H1B and then I decide to switch employers before 1st Oct , would that mean that I would need to reapply ? Or once I get my H1B on Oct 1st I can switch or transfer to my new employer ? In other words, is it possible for me to have 2 application for H1B in the processing and later on I can decide which one to take ?



Please help me to find answers to the above questions.
Thanks
 
Originally posted by h1b2004
Rajiv,
I am planning to apply for H1B for FY 2005 and my OPT expires on Oct 15th.
1. When is the earliest I should apply to make sure that I fall in the FY 2005 cap ? I have been told by people ( sic!) that I should apply ASAP as the quota is going to be over before Oct 1st !!

+++++++++++++++++++++++Apply now.

2. If I apply for my H1B and then I decide to switch employers before 1st Oct , would that mean that I would need to reapply ? Or once I get my H1B on Oct 1st I can switch or transfer to my new employer ? In other words, is it possible for me to have 2 application for H1B in the processing and later on I can decide which one to take ?

++++++++++++++++++++You can have two apps.



Please help me to find answers to the above questions.
Thanks
Click to expand...
 
H1 and B1

Hello Rajiv,

My OPT expired in the second week of March and my employer applied for my H1 last week. I would like to apply for B1 to stay in status from May till October 1. Do you foresee any potential problems in having two different applications with CIS for a same applicant? Also, please advise whether I can work and/or get paid in the B1 status.

Thanks for your time.
Arvind
 
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