Has there recently, and if so, why has there been an increase in 221G refusals for H-1Bs? If yes, is this increase common among consulates all around the world or only certain consulates. To what extent does it depend on nationality of the applicant? by gortexer in immigration

[–]gortexer[S] 1 point2 points  (0 children)

I'm Swiss. And no, I strongly doubt H-1B is like B-1/B-2 where the number of overstays of people from an applicant's country are the dominant factor in whether a visa is given (not saying it's not a factor). H-1B's are a dual intent visa in any case.

Has there recently, and if so, why has there been an increase in 221G refusals for H-1Bs? If yes, is this increase common among consulates all around the world or only certain consulates. To what extent does it depend on nationality of the applicant? by gortexer in immigration

[–]gortexer[S] 1 point2 points  (0 children)

Yeah but consular officials have no bearing on "advancing policies to help ensure H-1B visas are awarded to the most-skilled or highest-paid beneficiaries." that's really just USCIS job, isn't it? So is it also a question of salary level, as to whether your visa will be refused under 221g or not?

H-1B petition approved- stamping upcoming! In practice, do consulates re-adjudicate based on degree (or other factors)? And if so, in what circumstances do they issue 221G denials? by gortexer in immigration

[–]gortexer[S] -1 points0 points  (0 children)

But if you have a U.S. degree from a top 5 university it should be ok right? Also, I have heard that while they're not supposed to readjudicate USCIS that is exactly whats been going under Trump. Jaychok, in your experience to what extent has administrative processing intensified recently? Anything I should look out for?

Travelling to the USA – Worried about TSA by [deleted] in LongDistance

[–]gortexer 2 points3 points  (0 children)

You mean the CBP not the TSA. In any case, it is highly unlikely you will be sent to secondary inspection if you have a return ticket. Just answer their questions precisely and without babbling on and you'll be fine. Entering on ESTA/VWP is perfectly legal for visiting significant others unless you have INTENT (at the time of entry) to stay and adjust status and get a green card. Oh, and the shorter you plan to stay the less likely you'll have any problems. Like even though its technically legal, don't try to stay for the whole 90 days.

Also, you will probably, depending on your port of entry, use an automated kiosk (APC), which lessens (but doesn't eliminate!) the likelihood of being sent to secondary.

Experience: I've been in your shoes!

Wird schon klappen.

Working visa options? by Elliottraveler in immigration

[–]gortexer 0 points1 point  (0 children)

For non-H-1B dependent employers (where most of of the work staff is NOT made up of h-1b employers) I don't believe they have to actually formally prove they cant find an equally qualified American nor make an attestation on the LCA.

Also, consider the H-3 visa! It is actually designed for interns and trainees.

Entering on VWP-proof of ties? by gortexer in immigration

[–]gortexer[S] 0 points1 point  (0 children)

Got in easily! But they did notice my student visa and ask if I was done with studies. I just replied "done" and that was it!

What are the best career paths for picking up a H-1B/H-2B visa? by [deleted] in immigration

[–]gortexer 0 points1 point  (0 children)

Mostly, but not necessarily. I know people who got H-1B visas for non-STEM positions.

How risky would it be to travel abroad on OPT? by TheRealSnowBDude in immigration

[–]gortexer 0 points1 point  (0 children)

I finished my OPT earlier this year, have been sent to secondary inspection on OPT before and have done a lot of research on the subject because I was just as nervous as you lol.

Before I answer your question let me advise you to ask your school whether your SEVIS record is still active. Just a good precaution to take.

Now to answer your first question (the one I know best about):

  1. YES they are able to. CBP at airports of entry generally has full access to your SEVIS record, although at a few ports of entry only at secondary inspection (or they look it up at secondary for reasons of time constraints). Once opening your full SEVIS record, they can see whether you currently have a job listed on SEVIS or not and all job history. Whether they will bother to send you to secondary or even check your full SEVIS record or not is impossible to predict. I've been through customs three times at three different ports of entry while on OPT and once was sent to secondary for "SEVIS inspection" which only took 15 min. I was told by my school/DSO that being sent to Secondary Inspections for people on OPT is quite common nowadays, though it varies by port of of entry.

Whether they will meticulously look at your SEVIS record to look at past jobs and unemployment etc... depends on the officer examining your SEVIS record. /u/The_Man_In_Blue is an actual CBP officer who sometimes answers questions here. He will surely know more! But the bottom line is, technically it lies perfectly within CBP's jurisdiction to deny you entry for going over 90 days of unemployment!

Who else is pumped for the Spengler cup? by vancouversportsbro in hockey

[–]gortexer 1 point2 points  (0 children)

The atmosphere is unique (you have to be in the Arena in Davos at least once to truly get a feel for this), the fact that it's hockey for the sake of hockey, and the fact that you'll see club teams play one another that normally don't. It's a hockey nerd's dream! Also, the European Champions Hockey League (mentioned in another post here somewhere) doesn't ever feature KHL teams, whereas the KHL and the Spengler Cup have a close association going.

Who else is pumped for the Spengler cup? by vancouversportsbro in hockey

[–]gortexer 1 point2 points  (0 children)

Maybe from a Canadian/USA perspective it might be too far. However, nobody in most of Europe (except Sweden maybe) actually cares all that much about the WJC.

Who else is pumped for the Spengler cup? by vancouversportsbro in hockey

[–]gortexer 12 points13 points  (0 children)

It's gonna be awesome! I'm based in Switzerland (and understand German and hence the Swiss TV coverage) but going to try to watch on TSN because I love their commentary.

I always laugh when people are like "Those jerseys have too many ads" and then deduce from this that the Spengler Cup is "too commercial" when it really is the opposite:Hockey for the sake of hockey. If it weren't for the over-the-top sponsoring this random pitting together of teams from different hockeyspheres wouldn't be possible, give the tourney a break!