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Wednesday, July 6, 2011

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  • RaviG
    07-14 08:42 PM
    The way it is working for EB2, it is going to work exactly for EB3.

    If this is the case.
    Given the high number of ROW EB3 it will never help Indian EB3. so spilling some of EB1 over to EB3 doesn't really help Indian EB3. But this letter could hurt Indian EB2. Now there is hope for lot of Indian EB3 to convert to EB2. That could be lost. I am als one of the converts.





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  • krishnam70
    03-26 07:59 PM
    [QUOTE=unitednations;329983]
    Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.

    - cheers
    kris





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  • satishku_2000
    05-16 12:39 PM
    Originally Posted by mbdriver
    How wonderful that congress is finally introducing constructive bills to prevent 'consultants' mainly (but not only) from India from clogging up the H-1B visa system for honest skilled workers. The H-1B program is clearly intended for people WHO HAVE A SOLID FULL-TIME JOB OFFER AT THE TIME OF FILING THE APPLICATION. The whole body-shopping/visa abuse phenomenon is just disgusting. I wouldn't cry if any and all kinds of 'consultancy' activity were banned from the H-1B program. Someone stated that then they 'might as well lower the cap to 10.000/year'. Obviously not true. This bill clears out the infested issues of people illegally taking up visas on false premises. Good work!

    Part of the title of this thread reads 'even H-1 renewal will be impossible'. That is just priceless. No, H-1B renewal will be impossible IF YOU ARE NOT HERE BASED ON HONEST CIRCUMSTANCES. Anyone with trouble renewing H-1Bs after this bill should get a real job or leave if they are not up to that task.



    Stop judging whether someone is upto the task or not . There are so many people work for consulting companies and their green card applications are pending in various stages for years.

    Hope your so called fulltime job truly fulltime and pray that there will not be any lay offs in in fulltime employers company while your green card petition is pending.

    H1b can be applied even for temporary / part time jobs too.. try to get your facts correct.





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  • StuckInTheMuck
    08-06 10:37 AM
    I agree. I was not talking of the USCIS point of view, but our point of view (reflecting on the last line of the original post) :)



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  • walking_dude
    08-05 10:39 AM
    Cases related to Immigration Law cannot be filed in regular courts. Only immigration courts/Judges can decide on matters related to immigration.

    Filing a case is one thing and winning it is a different thing. You guys will need an attorney who knows the ins-and-outs of Immigration law to win this case. I'm not surprised if AILA and USCIS (who have strong ties with AILA) oppose it in court. You guys think you can argue your case against these seasoned attorneys - without hiring an immigration lawyer, and win it?

    All I am saying is don't take decisions based on emotion. Give reality a chance.

    I have utmost respect for you Walking_Dude. Your leadership and ethusasm is phenomenal. But even in IV , I comes before We.

    Personally, I don't think one necessary needs a immigration attorney for this. This is a public interest litigation. The task is definitly not easy but if 50 people can join hands and willing to shell out $500 dollars. It is doable. But I doubt that will happen.





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  • xyzgc
    12-24 02:19 PM
    I know you must have left the forums by now. But I find it interesting how you are being misled by the so called leaders in India itself. Check this column by Tarun Vijay http://timesofindia.indiatimes.com/Columnists/Tarun_Vijay_Thou_shalt_rise_again/articleshow/3882599.cms Check out the differences between Shabana and other muslim leaders on the forum. Interesting!

    Excellent article!



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  • Beemar
    12-30 09:35 PM
    It is preposterous to compare Mumbai attacks with a speculative India involvement in Baluchistan.

    The principal actors, i.e. the actual fighters on the ground in Baluchitan are all Baluchis. Were Qasaab and his other 9 companions Kashmiris? What locus standi these west punjabi fighters have to attack Mumbai?

    Baluch conflict is limited primarily to armed skirmishes between Pakitani army and BLA (and may be some other Baluch nationalist groups). In military terms it can legitimately be called fair fight because both parties are armed. But can shooting unarmed civilians in the back who are sipping coffee or eating dinner or just waiting for a train be called a fair fight? Can the rules of engagement of any country, or the morals of any religion permit that? Isn�t this a text book example of pure unadultrated terrorism.



    I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.



    I don't think we all want that.
    I don't think even all Indians want that.
    I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.





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  • ssa
    06-23 05:32 PM
    I am shocked to see the HOA cost in CA, Why is HOA so high there, Obviously CA does not get snow like East coast for 4-6 months, so snow mowing and salt sprinkling(which is expensive) is ruled out.
    Just to mow lawn, gardening and keeping tab on overall resident development you pay $400/month..Thats ridiculously high...BTW,I am not from CA, excuse my ignorance.

    Ironically it is not you who is ignorant but people who actually leave in CA (I'm one of them) and pay these steep prices. In CA and especially in silicon valley all prices related to real estate got de-linked from reality/any actual cost basis during the housing boom. The only reason HOAs or house prices are so high is because they could charge them and could still find buyers. Now CA has lowest credit rating of all 50 states and bay area has one of the highest unemployment rate. I could be wrong but to me it seems like house of cards...



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  • file485
    07-09 12:02 PM
    You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.

    However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.

    Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.

    The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.


    thanks for the clarification on this..

    but when we re-entered the US, the i94 just mentioned 'on H1 status ..until..xx/xx date'..same way for H4-i94 card mentioned 'on H4 status ..until xx/xx date'..

    we dint show any INS papers..except for the passport

    In our case,when my daughter came to US in May 2003, we had the i94 original(which we didn't keep the photocopy for our records),filed for her H4 etxn,went to Toronto for H1/H4 stamping,in 2 months when we went for vacation to India, gave away that i94 card at the airport while exiting and re-entered with a new i94.

    I can still see that i94 card lingering in front of my eyes..for which I dint keep a photocopy..





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  • unseenguy
    06-20 05:49 PM
    I went from 3 green's to 6 red's. I am not sure what I did to deserve this. I just expressed my opinion and provided facts on which I based my opinion.

    How do I know who gave me the red's?

    There are some people here who will indulge in tarnishing your reputation when they do not agree with your post. I gave you green to get your reputation back or enhanced. I think your post was very respectable and a free opinion and it did not deserve any red dots.



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  • abracadabra102
    12-28 10:24 AM
    India defeating entire British empire without firing a weapon? Where did this come from? British colonized Indians for 150 years!
    If Indians were a military power, they wouldn't have been colonized in the first place.
    Do you seriously believe the dogma of non-violence Quit India movement drove the British away?:)

    I agree with you. British occupied USA and India at around same time (1600) and USA got it's independence by 1789 and we had to wait until 1947. UK was very badly hurt post second world war and had to borrow money heavily from USA to pay for veterans and keep war time employment rates. Clement Atlee in his wisdom thought that UK can not maintain it's empire any longer and let go of colonies. Winston Churchill was opposed to this but could not prevail over Atlee. I admire Mahatma immensely. But let us not kid ourselves that we got independence solely based on peaceful independence struggle. To all those peaceniks, if you think non-violence is such a great weapon, why can't we scratch the whole army and use that massive defence budget for something else? If we are maintaining an army, we are going to use it some time.





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  • gapala
    06-21 09:43 PM
    Usually they will give you 3-4 weeks to leave.

    What do you mean by they will give you?

    The moment your I-485 is denied, Form the date of denial, your stay is considered unauthorized. You may have to leave soon as possible. If you accumulate more than 180 days and leave the country, you will be barred for 3 years from entering US. If you stay more than 365 days, you will get a 10 year ban. From the date of 485 denial till you leave the country, If you own a home, they know where to find you..if you decide to overstay...

    Please do not post wrong information..



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  • vagish
    04-07 09:55 PM
    Regardless of the various previous comments of whether this bill will or will not make it, I don't care to wait to find out.

    I will do whatever I can do to help a concerted effort to nip this bill in the bud. Give me my marching orders.
    This bill could go as a rider to STRIVE, there is less chance of STRIVE being passed as it is. So both these things will go hand in hand or nothing will pass.
    before expanding H1B they will have to tight the programe.





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  • chanduv23
    03-24 02:48 PM
    Unitednations,
    I read your replies and it seems you are ignoring some facts and are forming a one sided opinion.

    - Why did USCIS allow labor substitutions? Why did it take them so long to stop it? Why did they wait until after July 07 to stop it. Were they not allowing people to use this back door and lawyers to make money?

    - If consulting is a problem, what were they doing in the past few years? What are they doing now? Do you think just a few raids once is enough to stop the problem? Why can't they enforce their own laws so that they punish the companies and not the immigrants.

    - Why is USCIS making paperwork difficult. Why can't the system be simple like Canada or Australia so that we can do our own paperwork? Why are lawyers in the picture?

    - If they find problem in consulting, why are they not going after Tata, Wipro etc. Don't tell me these companies are clean?

    - Why is USCIS so disorganized without good IT. Do you think other agencies are also same? Do you think USCIS does not have enough money?

    - Why can't they ban DV lottery? But go after H1Bs. You will say to do that law must be changed. But at least go strict on whom you approve once they are selected in the lottery. Are they not bringing lot of criminals, fanatics, unemployed and uneducated poor through DV.

    - Why can't ICE do their job of enforcement and round up illegals. If they were strict we will not have so many illegals or the problem of illegals.

    The questions will go on. But you need to step back and think more from the perspective of a applicant waiting for his GC or H1B .

    Well - that is because we have a lot of opposition. Employers want us ONLY for the business, lawyers handle stuff with USCIS and employers and guide them accordingly - for lawyers - this complex web is bread and butter.

    It is our visibility and vulnerability that puts focus on us.

    Remember - it is not your fault if you get a call from USCIS asking for paperwork like the original poster. It is just that there is so much focus on people like us.

    Also remember - nothing is over - as long as the original poster has followed the law and handles it he/she must be fine.



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  • prioritydate
    01-10 11:23 AM
    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.

    Why would Hamas hide in school if they love their people so much? No body plans to kill innocent civilians, except Muslim terrorists, as we saw that everywhere in this world. So, what is your solution? Ask Israel to stop invading and punish Hamas, while they are busy blasting rockets from schools? Would you be happy if some Jew kids get killed? I believe you would be more that happy and would lit fire crackers!





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  • Macaca
    12-30 05:49 PM
    India-China Relations Negotiating a Balance (http://www.ipcs.org/pdf_file/issue/IB160-Banerjee-India-China.pdf) By Dipankar Banerjee | Institute of Peace and Conflict Studies.

    Now that Chinese Premier Wen Jiabao�s visit to India in Nov 2010 has ended, it is necessary to reflect on the nature of India-China relations and where it is headed. Kishore Mahbubani, the distinguished Asian thinker from Singapore, described India-China relations as, �the most important bilateral relationship of the 21st Century�. Indeed, historically, civilizationally, from the perspective of economic benefits to the region or from peace and security in Asia and the world; this is a relationship that is likely to shape the global future.

    There is no scope for mistakes. Two large nations that are simultaneously reemerging at a rapid pace, thus this relationship has to be based on carefully balanced enlightened self interests. To achieve this will call for delicate negotiations based on our respective genius, taking account of our differences, yet accommodating the genuine concerns and interests of both. It is important to be clear that tension and conflict, easy to generate in an atmosphere of fear and distrust, can do immense harm to all.

    HISTORICAL & CULTURAL LEGACIES

    Historically near neighbours, India and China had very little contact or understanding of each other. Two long but intermittent periods in early history may be considered as exceptions. One was the epoch of the Nalanda University in India, which flourished nearly two millennia ago and brought the world�s scholars to its gates. This was amongst the biggest confidence building measure in the history of Asia. The other was through the Great Silk Routes emanating from China with some branches passing through India and going to the world, enriching both countries. This was an early example of globalized commerce that benefited the entire then known world.

    The absence of recent contact failed to develop in India an understanding of the �Middle Kingdom�. On its part China has never quite grasped the importance of democracy, pluralism and diversity of India, which with all its imperfections, constitute the quintessence of the Indian state and its nationalism.

    Instead, our awareness of each other in modern times can be traced to the 19th Century, where it was coloured by colonial influences with their national interests firmly centred in European capitals. This brief interlude in history was the only period when neither India nor China was a leading nation in the world with neither in a position to shape its own destiny. Yet, it may be argued that spared outright conquest, Beijing secured its national interests somewhat better than Delhi. Many of today�s problems originate from that period, even though goodwill between both nations remained intact. Examples from India were Rabindranath Tagore and Dr Kotnis.

    In his highly controversial first visit to China in 1924 Tagore said at a lecture in Shanghai, �I want to win your heart, now that I am close to you, with the faith that is in me of a great future for you, and for Asia, when your country rises and gives expression to its own spirit -a future in the joy of which we shall all share.� Tagore visited China purely as a poet, yet his words set the tone and trend for India-China relations till the 1950�s. Premier Wen Jiabao hit the right note, when in his first engagement in Delhi in 2010 he visited a school named after Tagore and drew attention to the renewed attention in China today to his humanistic writings.

    Congress Party sent a small medical mission led by Dr Kotnis to help the Eighth Route Army in its War of Resistance in 1938. This team�s dedication and service to the People�s Liberation Army left a deep impression in the minds of the members of the Long March generation. This was the backdrop in which Nehru reached out to China in the 1950�s.

    A rude awakening to the Cold War realities of the 20th Century came about in the deteriorating relations in the end of 1950�s and to the 1962 War. The impact of this was different in the two countries. In China the average citizen had little knowledge of this War. They were in the grip of a totally controlled media. Besides, the population at large was grappling with life and death questions of the consequences of the Great Leap Forward. But, the impact in India was traumatic. Essentially it transformed in to a deep sense of betrayal at several levels, a sentiment that left deep scars.

    This contrast was reflected personally to me in June 1991 in many places in China where as a General Officer of the Indian Army and as the first Indian military guest of the PLA in over three decades, one was repeatedly accosted with the statement; �there are a thousand reasons why we should be friends and none at all why we should be enemies�. This was a sentiment that few would have shared in India at the time. As a first step in reconciliation we need to put this current history firmly behind us. This possibility was brought home to me personally through a brief encounter in Vietnam in the autumn of 2010. Shocked to see the utter devastation caused to innocent Vietnamese civilians in the most massive bombing in world history, in the deep underground bunkers north of Ho Chi Minh city, we asked if it was possible to forgive an enemy that caused these horrors. I was struck by the response of the young Vietnamese guide. He said; �If we were to hate the Americans, then how can we not also hate the French, the British, the Australians and the Chinese? We need to put history behind us if we hope to build a future�.

    Many would object to this idealistic approach to hard issues of national interests and they have a point. But, continuing with historic animosities is not the best foundation for national policy. In the realpolitik world of the 21st Century we will need to carefully craft a balance between our concerns and interests and evolve a cooperative relationship.

    THE NEED TO CHANGE MINDSETS

    The litany of issues between us is long and complex. A short paper such as this will only indicate broad approaches that India should adopt on some of the more important issues.

    The border issue easily heads any list and is also the most urgent. Even though no shot has been fired in anger across the Line of Actual Control since the last twenty six years, an unresolved border can no longer be �left to the next generation� to resolve. Already more than a generation has passed since Deng Xiaoping�s statement and this generation has not proved wiser. There is too much at stake today to pend this issue for long. Lingering problems tend to fester and often can be brought to light from hidden memories to buttress misgivings on other issues. Political sensitivity of this issue to both India and China however, has to be accepted and haste has to be made even if slowly.

    The fundamental reality about borders in the 21st Century is that none can be changed arbitrarily between two sovereign nations of some consequence without causing great destruction. Copious blood has already been shed over this border and today both nations have substantial nuclear weapons as well as conventional arms capability to persuade us to rule out this option. If that much is accepted, the only option that remains is a negotiated settlement. There is no doubt that each side should be prepared to make substantial compromises. But, the framework of a settlement has already been agreed in 2005 at Premier Wen�s last visit in 2005 under the Agreement on Political Parameters and Guiding Principles for the Settlement of the IndiaChina Boundary Question. This clearly rules out the possibility of exchanging populated areas.

    While there may be concerns today to make the borders porous, access to holy lands and pilgrimage places should have easy though controlled access. This will address so called claims based on religious sentiments. Fortunately most places along our common borders are uninhabited and hence minor changes in lines drawn on maps should have easier chance of acceptance.

    The question of the Kashmir border with China has caused recent concern in India. This need not really be the case. Once again on the Jammu & Kashmir question the position of both India and Pakistan has evolved. An exchange of territory, howsoever desirable to either side is not a realistic and even a desirable option. Hence converting the de-facto to de-jure is the issue between India and Pakistan. This will also have to be the option between India and China. This would require a leap of faith and bold political leadership.

    Admitted that such leaps are not the preferred options for realistic politicians aspiring to return to office a background of trust and friendship has to be created. Which in turn should be based on carefully crafted win-win situations for both. This is where other major approaches become important.



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  • bkarnik
    08-11 01:59 PM
    A man met a beautiful blonde lady and decided he wanted to marry her right away.

    She said, 'But we don't know anything about each other.'

    He said, 'That's all right, we'll learn about each other as we go along.'
    So she consented, they were married, and off they went on a honeymoon at a very nice resort.

    One morning they were lying by the pool, when he got up off of his towel, climbed up to the 10 meter board and did a two and a half tuck, followed by three rotations in the pike position, at which point he straightened out and cut the water like a knife.

    After a few more demonstrations, he came back and lay down on the towel.
    She said, 'That was incredible!'

    He said, 'I used to be an Olympic diving champion. You see, I told you we'd learn more about each other as we went along.'

    So she got up, jumped in the pool and started doing lengths.

    After seventy -five lengths she climbed out of the pool, lay down on her towel, and was hardly out of breath.

    He said, 'That was incredible! Were you an Olympic endurance swimmer?'

    'No,' she said, 'I was a prostitute in Memphis but I worked both sides of the Mississippi .





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  • surabhi
    04-14 02:02 PM
    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.

    I think the point is valid to an extent, but the original post was about buying it during I-485 implying the concern about uncertainity that comes along and about financial investment, associated risks.

    I have bought house in April 2006 while on H1. When my wife got job 2 hours away from our home, I had to take apartment to maintain sanity in life and not spend 4 hours a day commuting. For about a year I maintained 2 homes. I was looking at a 35K loss on a 285K home after factoring in selling expenses of 6% if I had to sell. And it'd take 4 months to sell. SO I just held up and luckliy she got another one closer home and we are able to come back to our home.

    I definetely missed the flexibility that I'd have if I didnt buy home.

    If you rent a town home or even a single family home, you get best of both worlds of not having to commit yourself for big decision at the same time enjoying a larger home, neighbourhood where kids can grow etc etc.

    One note of caution for would-be home buyers is to budget conservatively. Utility bills will throw a nasty surprise. In a 1000 Sq.ft apartment , your utilities for gas and electricity will top $125. Prepare to spend about 500$ in winter months. Your new home's volume is 4X your apartment for a typical 4 BR home. Also garbage, sewer, water are extra which are generally included in rent.

    Ofcourse purely from an investment perspective, there are far better avenues to invest than a Home at this time





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  • nogc_noproblem
    08-22 03:10 PM
    A man walks into a bar and he's really pissed.

    The bartender gives him a drink and asks what the problem is. All he says is, "All lawyers are idiots."

    A man sitting in the corner shouts, "I take offense to that!"

    The pissed-off guy asks him, "Why? Are you a lawyer?"

    He replies, "No, I'm an idiot."





    kaisersose
    04-15 02:12 PM
    I am on H1B and I485 is pending. I just bought a mid-price house and I will recommend to buy only if your I140 is approved. I waited for many years but finally bought one. Buying the house was a big decision but I am glad that I took it. I have a 3 year old daughter and she being able to run in our own backyard is worh of some financial risk. The house prices are lower (still I think a little higher than it should be) and the interest rate is good too. So, go for it and good luck.

    Per iwantmygreen you (just like me) are here to hurt his/her emotions. Apparently we get a kick out of that.





    sledge_hammer
    03-24 02:44 PM
    Okay, sorry if I wrote H-1B. But the "perm" job requirement is for GC.

    I kind of mixed the H-1B requirement and GC requirement.

    But, the question remains and USCIS needs to clarify what is perm and temp jobs for the purpose of GREEN CARD.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : What is an H-1B?

    The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

    As per USCIS, H1B is for temporary job



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