meridiani.planum
06-27 02:35 AM
Few min back I just got the "Card production ordered" email - Took a total of 28 days
NSC or TSC?
NSC or TSC?
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vbkris77
03-05 10:20 AM
Its a funny idea that we can help them write a pgm. But be real, It is a gov data and will have sensitive info. It takes money to make money. So lets spend it.. 5K is not a big deal. It is perfectly legal to ask for money when we need info from FOIA.
sujith1
04-10 03:27 PM
Please PM me if you are interested in the Identity Management consulting arena based off Dallas/VA/Seattle
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pbojja
02-09 10:12 PM
Are you from different world. Yes it is necessary even to get the H1. Now I understand why the anti-immigrants are targetting us. Do you mean to say the English speaking people diminished this country. Can we replace all these guys with mullas. What are you trying to say..
Hello ... I m responding to a some one who dis-respected my fellow citizens . So what do you say English speaking guys are great IT professionals ? To work on computers you need brian and understand bits and bytes not english .
I think you got my message wrong all I m saying is you dont have to be a great english communicator to qualify for EB2 , unless you are applying as professor .
In 70s most of the towns having only local language schools and stuided in local language schools , thay may be part of reason why some of them dont communicate well ..That doesnt mean they can not work on computers ...
Hello ... I m responding to a some one who dis-respected my fellow citizens . So what do you say English speaking guys are great IT professionals ? To work on computers you need brian and understand bits and bytes not english .
I think you got my message wrong all I m saying is you dont have to be a great english communicator to qualify for EB2 , unless you are applying as professor .
In 70s most of the towns having only local language schools and stuided in local language schools , thay may be part of reason why some of them dont communicate well ..That doesnt mean they can not work on computers ...
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sbindval
06-26 01:44 PM
Debate goingon...Can Someone Call C-Span 202-585-3887 (immigrants)
I'm unable to call.
I'm unable to call.
lacrossegc
06-17 03:45 PM
Same here ... for EAD and AP (for me or dependent) my company does not reimburse these fees. They will however reimburse if I have to use EAD to work due to unavoidable H1 extension issues/ inability to extend beyond 6 yrs etc. I think that is a fair and reasonable policy in general
I know they charge a lot, but my employer will pay them higher fees but my employer will not pay me filing fees.
I know they charge a lot, but my employer will pay them higher fees but my employer will not pay me filing fees.
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nrk
06-10 03:45 PM
Yes Sep 30th
from October 1st new fiscal year starts for USCIS
which month is FY-2010 end for USCIS? Sep?
from October 1st new fiscal year starts for USCIS
which month is FY-2010 end for USCIS? Sep?
2010 Tattoos Of Dragons For Men.
dskhabra
07-15 08:02 AM
Even mine is EB2 with level II. I did not see a single case from my company with Level III or Level IV but still a lot of them are EB2.
My 140 approval says: Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2).
My understanding: this is EB2.
My 140 approval says: Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2).
My understanding: this is EB2.
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GCBy3000
07-19 02:47 PM
rpatel,
Good you are in your late 20's. I am in my early 30's. Even 1-2 years makes huge difference for this GC. If I had the qualities of Gandhi, I would have not been here in this forum. Dont forget to call him as MAHATHMA Gandhi. I dont think there is even one MAHATHMA's here. All here are poor ATHMA's. Humans are great in adapting to any given situation. If a guy foresees that he cannot survive without knowing swimming, he will somehow learn that otherwise he is going to die. On other hand, the best swimmer in the world also cannot afford to swim for years just because he knows swimming. If you drop him in ocean with others, may be he will survive for longer time but he will seek for a life jacket or rescue sometime or later.
My whole point is everyone starts with optimistic approach when he starts. Show me one person who lands in US with pessimistic approach. You, me and all of our friends landed here with great vision for our life and career. The situation, surroundings, family issues, other personel issues drag him little by little to pessimistic way when he does not reach his set goals in time and instead stinks in the same spot having the required qualities to further his/her career and family.
A question for you: I know you will get married if you are not now and may have one kid at least at age 35. What will you be doing if you are here then without filing for 485. Will you have the same LEVEL of optimistic thinking? Answer honestly.
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
Good you are in your late 20's. I am in my early 30's. Even 1-2 years makes huge difference for this GC. If I had the qualities of Gandhi, I would have not been here in this forum. Dont forget to call him as MAHATHMA Gandhi. I dont think there is even one MAHATHMA's here. All here are poor ATHMA's. Humans are great in adapting to any given situation. If a guy foresees that he cannot survive without knowing swimming, he will somehow learn that otherwise he is going to die. On other hand, the best swimmer in the world also cannot afford to swim for years just because he knows swimming. If you drop him in ocean with others, may be he will survive for longer time but he will seek for a life jacket or rescue sometime or later.
My whole point is everyone starts with optimistic approach when he starts. Show me one person who lands in US with pessimistic approach. You, me and all of our friends landed here with great vision for our life and career. The situation, surroundings, family issues, other personel issues drag him little by little to pessimistic way when he does not reach his set goals in time and instead stinks in the same spot having the required qualities to further his/her career and family.
A question for you: I know you will get married if you are not now and may have one kid at least at age 35. What will you be doing if you are here then without filing for 485. Will you have the same LEVEL of optimistic thinking? Answer honestly.
I am in my late 20's and am going to finish my 7th year next month...you decide how many feet of water I am in..:rolleyes: Meanwhile I totally understand your argument that the situation is the most frustrating for people who have been here the longest. I'd say sharpen you swimming skills and then it wouldn't matter how deep the water is or how tall you are....I's say stick with it and endure hardship if you value the end result (GC ofcourse). Even if you decide to go back...whatever your age/experience be...never forget its never too late..Gandhi was 46 years old when he returned to India from SA after spending 22 years there..Still wasn't too late for him to start a revolution now... or was it ?:)
May be you might also want to change your handle...GCby3000 doesn't sound that optimistic
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bsbawa10
11-25 10:34 AM
RajuRam very well said.
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gc_rip
02-25 06:32 PM
My Mother in law is severely sick, and my wife needs to travel asap. We need to get her AP, as it's expired.
1. Is there an urgent processing option for the AP? And how ?
2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?
Thanks,
1. Is there an urgent processing option for the AP? And how ?
2. Can she travel on the receipt of application, and I can send the AP document to her by FEDEX?
Thanks,
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stucklabor
03-17 07:26 PM
Piyushpan, I see this provision as:
1. If you have an advanced degree from the US after the bill is passed
2. If you are smart enough for EB1 self-sponsorship OR can find an employer to sponsor you as Eb1 or Eb2
3. Either way, you need to go through I140.
4. Then you can file for Adjustment of Status, either concurrently, or after the 140.
I am not sure if you will still be subject to the numerical quota, or if you have to go through labor cert..
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
1. If you have an advanced degree from the US after the bill is passed
2. If you are smart enough for EB1 self-sponsorship OR can find an employer to sponsor you as Eb1 or Eb2
3. Either way, you need to go through I140.
4. Then you can file for Adjustment of Status, either concurrently, or after the 140.
I am not sure if you will still be subject to the numerical quota, or if you have to go through labor cert..
I think the intent of the provision is that this category of people not be subject to labor certification, but there is no language in the bill that says that.
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
more...
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DallasBlue
07-22 10:41 PM
http://news.newamericamedia.org/news/view_article.html?article_id=cb41f533d05500e4df73f 6995b41d0c4
http://www.alternet.org/immigration/90842/?ses=f07bc03dff3ecb7228ad411024be910f
Visa recapture legislation such as H.R. 5882, is "one of the few bills that have the actual opportunity of getting done this year because of bipartisan support." Narasaki said this is also an opportunity to hold Congress' "feet to the fire" and see if those who claim that they are for immigrants, just against illegal immigration, really mean what they say.
http://www.alternet.org/immigration/90842/?ses=f07bc03dff3ecb7228ad411024be910f
Visa recapture legislation such as H.R. 5882, is "one of the few bills that have the actual opportunity of getting done this year because of bipartisan support." Narasaki said this is also an opportunity to hold Congress' "feet to the fire" and see if those who claim that they are for immigrants, just against illegal immigration, really mean what they say.
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GC_ASP
07-18 07:41 AM
You can file 485 even without the I-140 receipt number. You need to include a cover letter with your details. Also, include the copy of your labor certification with it. You can get more details here.
http://www.immigration.com/fromtheagency/nsc112006.html
http://www.immigration.com/fromtheagency/nsc112006.html
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acecupid
07-15 06:14 PM
Here is the actual text of the visa distribution law. Also available on USCIS website.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
Sec. 202. [8 U.S.C. 1152]
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
(c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
(d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
Sec. 202. [8 U.S.C. 1152]
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
(c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
(d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
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NolaIndian32
04-27 12:17 PM
We are now up to $3236!!!
Go IV!!
Go IV!!
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maverick6993
04-27 10:16 PM
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paulan
08-04 02:28 PM
Please see the answers below:
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
I am not sure if I understand your question. Do you mean to ask if the lack of pay stubs will be a problem if you file before Oct 1? There is no way that you can get pay stubs before Oct 1 because you are not allowed to work before that date.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
The determining factor here is the timing. The term "transfer" is used when people have an H1B and they are under H1B status, meaning they are working already, in this case after Oct1. For example, Mr.X has been working for company A and gets a better offer for company B. The latter would file for an H1B petition in his name and under AC21, he would be allowed to start working with company B as soon as there is proof or receipt from USCIS of the H1B petition. That would be what is referred to as a "transfer".
The second option is to file before the H1B petition from company A takes effect (Oct 1). In this case, company B files for a new H1B petition in his name and instead of being able to start working as soon as the receipt number is received (AC21), Mr.X needs to wait for the application to be approved by USCIS. This can take anywhere from 2 weeks if done with premium processing to up to who knows how long depending on his case.
Keep in mind, that no matter what, you will not be able to work before Oct 1.
I would highly encourage you to ask an attorney for advice because this is a very important decision and you should not guide yourself by postings. I can only tell you what I have been informed and what I have researched, but I am not sure how it applies in your case.
You are asking about pay stubs and such and I am not sure how that would apply if you decide to say, work for 2 weeks for company A and then transfer to company B without proof of paystubs.
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again, I think it is best to ask an attorney. I have no idea if a copy is enough or if they need an original. I am not familiar with this "bench-time" concept. Good luck and again, I recommend you consult with an attorney. I can only inform you on what relates to my experience.
Again THANK YOU for your replies, it's a BIG HELP!
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
I am not sure if I understand your question. Do you mean to ask if the lack of pay stubs will be a problem if you file before Oct 1? There is no way that you can get pay stubs before Oct 1 because you are not allowed to work before that date.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
The determining factor here is the timing. The term "transfer" is used when people have an H1B and they are under H1B status, meaning they are working already, in this case after Oct1. For example, Mr.X has been working for company A and gets a better offer for company B. The latter would file for an H1B petition in his name and under AC21, he would be allowed to start working with company B as soon as there is proof or receipt from USCIS of the H1B petition. That would be what is referred to as a "transfer".
The second option is to file before the H1B petition from company A takes effect (Oct 1). In this case, company B files for a new H1B petition in his name and instead of being able to start working as soon as the receipt number is received (AC21), Mr.X needs to wait for the application to be approved by USCIS. This can take anywhere from 2 weeks if done with premium processing to up to who knows how long depending on his case.
Keep in mind, that no matter what, you will not be able to work before Oct 1.
I would highly encourage you to ask an attorney for advice because this is a very important decision and you should not guide yourself by postings. I can only tell you what I have been informed and what I have researched, but I am not sure how it applies in your case.
You are asking about pay stubs and such and I am not sure how that would apply if you decide to say, work for 2 weeks for company A and then transfer to company B without proof of paystubs.
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again, I think it is best to ask an attorney. I have no idea if a copy is enough or if they need an original. I am not familiar with this "bench-time" concept. Good luck and again, I recommend you consult with an attorney. I can only inform you on what relates to my experience.
Again THANK YOU for your replies, it's a BIG HELP!
hairstyles Dragon Tattoo
chaukas
04-27 12:47 AM
Confirmation : 9T785615MK969124F
seebi
06-17 02:35 PM
My current H1B was sponosred through an educational institution and was hence cap exempt. Will I be able to transfer my current H1B if I decide to move to a private company?
Thanks!
When I spoke to my Lawyer about the same issue he said that if the H1B visa was never counted against the quota, you can not unless the visa numbers are available in the fiscal year. He also mentioned that the move into for profit company would be considered as a new visa and should counted against the quota.
Thanks!
When I spoke to my Lawyer about the same issue he said that if the H1B visa was never counted against the quota, you can not unless the visa numbers are available in the fiscal year. He also mentioned that the move into for profit company would be considered as a new visa and should counted against the quota.
kak1978
06-30 05:27 PM
I had a 2004 PD Labor RIR and my 2006 I-140 used that labor date, because I merely mentioned to an IO at TSC that I had a previously filed labor. My lawyer was shocked when it happened...had never seen it.
So, I wonder if they used your 2004 RIR as your PD. Even then EB 2 is supposed to be unavailable. Oh well, it might help to speak to an IO to get your I-140 PD changed...maybe...
EB2 India is current for April 2004. So may be they did use 2004 RIR as PD. Check with your lawyer, and see if they are aware of this.
So, I wonder if they used your 2004 RIR as your PD. Even then EB 2 is supposed to be unavailable. Oh well, it might help to speak to an IO to get your I-140 PD changed...maybe...
EB2 India is current for April 2004. So may be they did use 2004 RIR as PD. Check with your lawyer, and see if they are aware of this.
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