peacocklover
07-10 03:20 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.
Thanks in advance.
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.
Thanks in advance.
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vivaforever
08-10 10:47 PM
In
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kvrr
02-12 03:13 PM
Is it possible to transfer H1 from company A to B after I-140 approval and H1- 3 year extension and continue the GC process (apply for I-485 when date becomes current) with company A provided company A has no objections?
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sku
12-30 10:07 PM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
more...
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sreenathm
10-11 09:11 AM
:confused: I got very anxious when my co lawyer told me that I got a query from INS.
I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.
Company lawyer told me to produce all my paystubs ever since I started to work in US.
I am wondering will this cause any issue. Is this a normal procedure ?
Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com
Thanks,
Sreenath
I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.
Company lawyer told me to produce all my paystubs ever since I started to work in US.
I am wondering will this cause any issue. Is this a normal procedure ?
Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com
Thanks,
Sreenath
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gcseeker2002
07-23 08:57 AM
He is the one who says" Oops! I made a mistake" look at his screen name.. do you expect him to be right at all? :)
bush --> also voted yes .... please provide details
bush --> also voted yes .... please provide details
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desi3933
02-09 01:55 PM
.....
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.
.........
EB3 (ROW)..PD May 2006
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
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giddu
06-27 12:21 PM
June 18, 2007, ( Premium Processing)
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statuslaw
01-31 01:33 PM
DOS tel number: 202-663-1225 then 1 0 0, and tell your passport number. That is all.
It is easier to get connected to DOS visa specialist at morning time (US eastern time).
[QUOTE=lost_in_gc_land;218762]Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
QUOTE]
It is easier to get connected to DOS visa specialist at morning time (US eastern time).
[QUOTE=lost_in_gc_land;218762]Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
QUOTE]
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a_yaja
12-18 09:17 PM
Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
more...
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WTFever
12-02 09:31 PM
This is not right place to give your adds.
Admin : Please delete this thread.
This is not an AD moron. I am not looking to hire anyone. I am asking about NON-IMMIGRANT VISA advice. Since the forum is titled Immigration Voice > Immigration Information > NON-IMMIGRANT VISAS, I don't think my post can be THAT far from the right section.
Admin : Please delete this thread.
This is not an AD moron. I am not looking to hire anyone. I am asking about NON-IMMIGRANT VISA advice. Since the forum is titled Immigration Voice > Immigration Information > NON-IMMIGRANT VISAS, I don't think my post can be THAT far from the right section.
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go_guy123
05-30 11:56 AM
While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
more...
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waiting for GC2010
11-16 02:35 PM
I heard this from one of my friends
one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
So,the guy also changed to EAD.
But ofcourse this might not be the case with everyone.
never knows everything depends on our fate.
one couple husband on H1b(7th year i think) and wife is using EAD to work.They went India for vacation and while coming back the officer there asked the guy that
Being a primary applicant of green card you are on H1b,then how would your wife use EAD instead of being on H4?
So,the guy also changed to EAD.
But ofcourse this might not be the case with everyone.
never knows everything depends on our fate.
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rrk
03-18 11:48 AM
If I work on EAD for company XYZ then will I loose my H1B with company ABC?
If company 'ABC" is a consultant company then..make a deal with them and work thru them for XYZ for 2-3 months and take transfer to xyz.
Otherwise you have no other option than using EAD.
If company 'ABC" is a consultant company then..make a deal with them and work thru them for XYZ for 2-3 months and take transfer to xyz.
Otherwise you have no other option than using EAD.
more...
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eb2_mumbai
10-22 09:11 AM
If you filed G 28 then both you and Lawyer will receive the copy of RFE. In case you have not filed G 28 only you will receive the RFE copy. USCIS does not care who answers the RFE as long as it is satisfied with the response.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
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RajForGC
06-07 04:09 PM
I am in the same boat, I am support of the Immigrtion bill but I have already 2 labor and 2 140's , 2nd or last 140 is after May 15 , which I used to file 485. So I think this Bill or some of the Amd of the Bill will kill me somehow , rahter gettting GC with in Next 6 months , I have to wait till 2009. Hope this bill will rejected now and come up with Better one which will help every one then sending back home people who already have family and house in US.
more...
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new2H1&GC
11-08 01:52 PM
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
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pointlesswait
03-12 06:29 PM
Even PT MBA..can be a vehicle for career change as well as growth!
Full time has its + ..but will u wait till u get a GC to start ur MBA..?
I believe PT from any of the top 10 PT programs is worth considering! in chicago land area u have kello, UC and depaul...the rating for PT programs is different compared to full time!
You can only speculate..abt what is good and what is not! The first job break after a PT will be crucial! :rolleyes:
There is no logical reason to NOT do an MBA if u want change and further ur career!
PS: pursuing PT!
Full time has its + ..but will u wait till u get a GC to start ur MBA..?
I believe PT from any of the top 10 PT programs is worth considering! in chicago land area u have kello, UC and depaul...the rating for PT programs is different compared to full time!
You can only speculate..abt what is good and what is not! The first job break after a PT will be crucial! :rolleyes:
There is no logical reason to NOT do an MBA if u want change and further ur career!
PS: pursuing PT!
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chintu25
09-15 12:38 PM
I am in
:rolleyes: Its about time
:rolleyes: Its about time
saurav_4096
03-28 10:56 AM
Thanks everyone for reply, I feel much better now.
I had posted query to my attorney and looks like they sat on this and never replied.
Regards
Saurav
I had posted query to my attorney and looks like they sat on this and never replied.
Regards
Saurav
chanduv23
09-14 02:29 PM
ALL THE HEROS AND HERIONES TO DC
LETS CREATE HISTORY HERE
FOLLOW YOUR HEARTS
LETS CREATE HISTORY HERE
FOLLOW YOUR HEARTS
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