H1B Visa


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Candy1   
Member since: Aug 06
Posts: 20
Location:

Post ID: #PID Posted on: 07-09-07 16:39:01

Thanks Pratik. I don't expect to get citizenship soon and neither intend to wait longer than Jan-Feb to move to US. I never say I will wait until Oct 08.

It was such a long wait to get approval for H1 (for me - approx. 2 years due to various reason), then I should also consider my personal situation. I (neither my company) is playing any game (or working around the system) (this is a serious matter). Since we had waited so long therefore it does not matter if we delay by few months (actually since H1 was a lottery this year, so we were ready to wait for one more year earlier, so that can get citizenship and move on TN or think about moving on L1).

It is difficult to plan for H1, considering getting H1 is a lottery.


Quote:
Originally posted by pratickm

Quote:
Originally posted by Candy1
Thanks Pratik for your reply. I know that I can't get the citizenship soon. I am planning to apply for H1 in mid of October and may move to US around January. Atleast at that time my citizenship process will start and if lucky may get the citizenship test too.

It is highly unlikely that your entire citizenship process will be complete AND receive passport as well -by Jan 08.
You have to factor in Christmas holidays as well.
I believe anything before next Spring is being too optimistic.

Quote:
I hopefully can request my company to delay my move for few months (as this was the condition, when we agreed to move). Since company is waiting for my move since last year (last year my H1 application was delayed, so can't get approval). I am currently working for their parent company. I hope this clarifies.
Yes, and no.
I mean I kinda understand what you are trying to do and how you are trying to wriggle your US employer to work around the system to accomodate you.

I just believe this is playing the H-1B rules too much.

Simple fact is that your employer petitioned the US Govt. for a foreign worker to start work in Oct 07 because they could not find comparable US workers to do the job.
If you(the foreign worker) does not start working until almost Oct 08 - which is one full year from the original start date - it calls into question the very validity of the H-1B petition.

I don't know how liberal or strict consulates and POE officers are these days, so your startegy may work.
Esp. if you are able to show letters from the company stating the reasons for the delayed start, your plan will probably work.

However, IMHO, both you and your US employer are simply playing games with the intent and purpose of the H-1B program.
Which is why the US Govt. is imposing more and more draconian restrictions and limitations on the H-1B program, making it harder for everyone.



guptamik   
Member since: Mar 05
Posts: 277
Location: Toronto

Post ID: #PID Posted on: 09-09-07 17:21:39

Candy Buddy,

I t appears that no matter what anyone tells u, you and your company have decided not to apply for H1-B right away despoite the approval. If u think that in January you'll get the CAnadian CItizenship test etc, why not just wait to become a citizen and go to USA on a TN visa instead of an H1-B? It's much less complicated!!!! Maybe someone hwo needs this H1-B more than u can get it instead of u blocking a visa tha tyou don't really intend to use ! ! !

I agree with Partick that your rhyme and reason seem out of whack and the only way this thread will even end is if someone tell you, it's ok to wait till Jan and apply for ur H1 then!....

But i doubt that anyone in their right mind would suggest that..so no point in dragging htis further... however.. what ever u do.. good luck....



Quote:
Originally posted by Candy1

Thanks Pratik. I don't expect to get citizenship soon and neither intend to wait longer than Jan-Feb to move to US. I never say I will wait until Oct 08.

It was such a long wait to get approval for H1 (for me - approx. 2 years due to various reason), then I should also consider my personal situation. I (neither my company) is playing any game (or working around the system) (this is a serious matter). Since we had waited so long therefore it does not matter if we delay by few months (actually since H1 was a lottery this year, so we were ready to wait for one more year earlier, so that can get citizenship and move on TN or think about moving on L1).

It is difficult to plan for H1, considering getting H1 is a lottery.


Quote:
Originally posted by pratickm

Quote:
Originally posted by Candy1
Thanks Pratik for your reply. I know that I can't get the citizenship soon. I am planning to apply for H1 in mid of October and may move to US around January. Atleast at that time my citizenship process will start and if lucky may get the citizenship test too.

It is highly unlikely that your entire citizenship process will be complete AND receive passport as well -by Jan 08.
You have to factor in Christmas holidays as well.
I believe anything before next Spring is being too optimistic.

Quote:
I hopefully can request my company to delay my move for few months (as this was the condition, when we agreed to move). Since company is waiting for my move since last year (last year my H1 application was delayed, so can't get approval). I am currently working for their parent company. I hope this clarifies.
Yes, and no.
I mean I kinda understand what you are trying to do and how you are trying to wriggle your US employer to work around the system to accomodate you.

I just believe this is playing the H-1B rules too much.

Simple fact is that your employer petitioned the US Govt. for a foreign worker to start work in Oct 07 because they could not find comparable US workers to do the job.
If you(the foreign worker) does not start working until almost Oct 08 - which is one full year from the original start date - it calls into question the very validity of the H-1B petition.

I don't know how liberal or strict consulates and POE officers are these days, so your startegy may work.
Esp. if you are able to show letters from the company stating the reasons for the delayed start, your plan will probably work.

However, IMHO, both you and your US employer are simply playing games with the intent and purpose of the H-1B program.
Which is why the US Govt. is imposing more and more draconian restrictions and limitations on the H-1B program, making it harder for everyone.




Contributors: pratickm(9) cdn_dude(7) Candy1(6) dimple2001(3) raajen(2) guptamik(2) AshwaniG(1)



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