Not using H1B Please advise


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pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 14-05-08 14:04:14

Quote:
Originally posted by noname
As far as I know they notify the INS that employee is not joining and that approved labor is free.

It is the actual H-1B petition approval that has quotas, not the labor clearance.
These days, DOL approval for H-1B petitions is an almost instantaneous process in most states (usually via fax) and there is no quota on those.
But yes, since this OP didn't use the visa, 1 H-1B petition approval is now wasted.


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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 14-05-08 14:29:51

Quote:
Originally posted by Jack109
I am sure mostly all desi would fall in the same 5 - 10 categories. We could post information . What I am looking is for complete transcipt of the dialog that transpires between INS officer and the applicant.

I would be more than happy to assist you in your endeavours.

You are welcome to start a new thread on that topic.
But is there a standard set of questions?
What would be the value of such sets of questions?


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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 15-05-08 13:44:39

I just want to compile a comprehensive checklist for genuine TN applicants so that they they have minimal surprises at the border.



dimple2001   
Member since: Apr 04
Posts: 2873
Location: Western Hemisphere

Post ID: #PID Posted on: 15-05-08 14:11:34

I don't want to sound off like a spokesperson for the border officers, however, why do a lot of people feel that they are there to harass you?

Based on my years of crossing various entry points (air and land), I only see them as sternly courteous people. If you are expecting a smiling cheerful person to greet you, you may want to try Disneyworld :) , although, there is one older officer who treats my 2 yr old as his grand child and is very protective of him (my son loves him). I have to add, there are many officers who will greet you, although mostly without a smile.

As long as you don't present anything frivolous or run your mouth, everybody is fine. They have the right to ask questions, however intrusive you might perceive it to be. There are certain etiquettes and expectations that you will not find in the rule book. Remove your sunglasses and shut the radio and cell phone when you approach the officer and that keeps everyone happy. And answer to the point, no rambling (rambling usually opens the proverbial can of worms) even if the officer seems smilingly interested in your events for that day.

This is my favorite (mostly does not happen with Canadians as most Cdns seem to possess a passport). Don't show your driver's licence and claim to be the citizen of that country. You will only hear a lecture and get sent to the secondary inspection.

So, happy TN-ing....just don't go with a non-matching qualifications for the job.


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Dimple2001


cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 15-05-08 14:39:45

Very good post, Dimple. I couldn't agree more with you!

Quote:
Originally posted by dimple2001

I don't want to sound off like a spokesperson for the border officers, however, why do a lot of people feel that they are there to harass you?

Based on my years of crossing various entry points (air and land), I only see them as sternly courteous people. If you are expecting a smiling cheerful person to greet you, you may want to try Disneyworld :) , although, there is one older officer who treats my 2 yr old as his grand child and is very protective of him (my son loves him). I have to add, there are many officers who will greet you, although mostly without a smile.

As long as you don't present anything frivolous or run your mouth, everybody is fine. They have the right to ask questions, however intrusive you might perceive it to be. There are certain etiquettes and expectations that you will not find in the rule book. Remove your sunglasses and shut the radio and cell phone when you approach the officer and that keeps everyone happy. And answer to the point, no rambling (rambling usually opens the proverbial can of worms) even if the officer seems smilingly interested in your events for that day.

This is my favorite (mostly does not happen with Canadians as most Cdns seem to possess a passport). Don't show your driver's licence and claim to be the citizen of that country. You will only hear a lecture and get sent to the secondary inspection.

So, happy TN-ing....just don't go with a non-matching qualifications for the job.



viggy   
Member since: Aug 07
Posts: 569
Location:

Post ID: #PID Posted on: 15-05-08 14:49:08

Well said dimple2001 - especially the point abt DL.



Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 20-05-08 08:41:52

Dimple,
I just wanted to ensure that all TN applicants can post their transcripts so that we have a better idea.

I have gone thorugh 4 US visas till date and have had no issues.

If I decide to go to in for a TN1 as of now would I come under the H1 cap in the next 6 years if I decide to apply for a new H1.

I have an H1 sticker on my Indian passport that I will not be using and will be receiving my Canadian passport shortly.Will there be any issues when I enter US on my Canadian passport while they have a valid H1 for me in their system.I am guessing I would need to go to the consulate to void my existing H1B sticker

The H-1B cap applies only to petitions where the foreign national is not currently in the US and is applying for a job that is in the US (i.e. “new employment”), or where the foreign national is in the US on a different status (e.g. F visa, L visa) and has never held an H-1B visa in the past six years. Certain petitions are exempt from the cap. These petitions include, but are not limited to: H-1B petitions where the terms of employment have changed (e.g. job location, job duties, etc…), petitions for extension of H-1B status for an existing employer, petitions for extension of H-1B status for a new employer, and petitions for new employment at an exempt organization (e.g. institution of higher learning, some nonprofit organizations, or governmental research organization). Since most of these exemptions are complex, consult with your attorney on whether your case is subject to the cap and whether you are eligible for one of the exemptions (Singaporean and Chilean H1b or Master’s cap exemption).







Thanks



Contributors: Jack109(6) pratickm(3) cdn_dude(2) dimple2001(2) tamilkuravan(1) noname(1) viggy(1)



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