gapala
03-20 09:50 PM
There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
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sth2009
07-20 03:14 PM
I did my masters here.I got my first job at Company A.They sponsored my h1b through masters quota and was working till feb 2007.Now I transferred my H1b to company B .Things are not working now with Company B.I have all the paystubs of company B
*********Very Important***** I have only F1 visa stamped in my passport
After graduation I didnt go to India
Company A didnt cancel or revoke my h1b.They would like to hire me again
Do I need a retransfer to company A - ?
Company A H1bvisa is valid till 2008 and Company B H1btill 2010
Does it cause any problem at the time ofextension ?
Pleassssssssssse help me so that I can go and work at Company A
Gowri
*********Very Important***** I have only F1 visa stamped in my passport
After graduation I didnt go to India
Company A didnt cancel or revoke my h1b.They would like to hire me again
Do I need a retransfer to company A - ?
Company A H1bvisa is valid till 2008 and Company B H1btill 2010
Does it cause any problem at the time ofextension ?
Pleassssssssssse help me so that I can go and work at Company A
Gowri
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nightowl76
06-01 03:20 PM
Its a terrible tragedy when lives are lost. My heart goes out to the innocent victims and their family and friends.
Air France is conveniently blaming it on bad weather but I don't buy it...planes fly just fine in bad weather...at least well maintained planes. While their incompetency at customer service clearly shows, they are probably sub standard in maintenance and safety issues as well. Too bad innocent lives have to pay a price to bring that out.
Another reason not to fly Air France.
Air France is conveniently blaming it on bad weather but I don't buy it...planes fly just fine in bad weather...at least well maintained planes. While their incompetency at customer service clearly shows, they are probably sub standard in maintenance and safety issues as well. Too bad innocent lives have to pay a price to bring that out.
Another reason not to fly Air France.
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yabadaba
07-05 04:16 PM
;) ;) ;) ;)
Shoud you guys (IV team) try for a meeting with President Bush?????
Not entirely impossible???
pass it around...it will make us forget our problems for a while
Shoud you guys (IV team) try for a meeting with President Bush?????
Not entirely impossible???
pass it around...it will make us forget our problems for a while
more...
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H1bslave
08-19 02:15 PM
H1bslave,
Are uou IT manager or working in non IT field. If you are in IT and non manager then doors are closed for you to go to canada.
Thanks for looking into my post.
I have MS + MBA and also have PM experience.
Any suggestion for my original request?
thanks in advance.
First thanks to those who put there first hand experience in this thread, it made me think again. And now I am deciding to cross the border and go north, after 9+ years in US on H1b.
Could someone please refer a Do-it-yourself kit that they have used and/or immigration consultant?
I contacted one consultant, they email almost every week and when I called/emailed them saying I am ready to pursue there has been no response from other side yet.
It will be great help for me if you could refer a kit or a consultant.
Looking forward to join H1->Canada community :D
Thanks
H1bslave
Are uou IT manager or working in non IT field. If you are in IT and non manager then doors are closed for you to go to canada.
Thanks for looking into my post.
I have MS + MBA and also have PM experience.
Any suggestion for my original request?
thanks in advance.
First thanks to those who put there first hand experience in this thread, it made me think again. And now I am deciding to cross the border and go north, after 9+ years in US on H1b.
Could someone please refer a Do-it-yourself kit that they have used and/or immigration consultant?
I contacted one consultant, they email almost every week and when I called/emailed them saying I am ready to pursue there has been no response from other side yet.
It will be great help for me if you could refer a kit or a consultant.
Looking forward to join H1->Canada community :D
Thanks
H1bslave
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anilsal
12-11 04:20 PM
please close the thread.
more...
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nk2
06-13 07:24 PM
Still waiting for my Labor, But I am excited and happy for others who can apply now.
Hearty Congratulations!!
Hearty Congratulations!!
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desperatedesi
09-19 10:53 PM
First of all I think logiclife will go in the history of immigration books as the movers that existed in this generation. I am amazed at how motivated the IV core team is and how smoothly they have organized the whole show so far.
I salute you. Hats off to you guys.
I read a lot of newspaper articles after the rally and they always seemed to mention that Indian and Chinese legal aliens protesting backlogs. I think there should be some effort to also include people from other nationalities such as Russians, Englishmen, Philipinos, Chinese and other nationalities. Now I know they are not hit as hard as us but they go thru some serious backlog as well if they are in the EB3 category.
Question is I am thinking how?
Any ideas guys?
I salute you. Hats off to you guys.
I read a lot of newspaper articles after the rally and they always seemed to mention that Indian and Chinese legal aliens protesting backlogs. I think there should be some effort to also include people from other nationalities such as Russians, Englishmen, Philipinos, Chinese and other nationalities. Now I know they are not hit as hard as us but they go thru some serious backlog as well if they are in the EB3 category.
Question is I am thinking how?
Any ideas guys?
more...
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mariusp
06-13 08:46 PM
I have I-140 with substitution pending since March of this year. Can I file for 485 now or do I need to wait for I-140 approval? Thanks.
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tawlibann
03-20 08:15 PM
Remember that these numbers are first categorized and then assigned to applicants on a per country basis. In other words, a visa number if it is EB2, should be assigned to EB2 (no matter what) before it goes to EB3. If it is EB1 visa number and for it to become a EB2 visa number, there should not be any need for that number in EB1 category.
Nixstor,
A lot of people argue that these categories are not defined as hard and fast percentages, but that rather the definition of EB-1 already includes spill-over from EB-4/5, EB-2 includes spill-over from EB-1, etc., and that 202(a)(5)(A) actually refers to already spilled-over categories (i.e. the place where they talk about the total number of visas).
I guess this point as to how exactly spillover happens is very moot, and the law is quite open to interpretation. They should have really defined this more clearly with the AC21 amendment, rather than have people waste their time with lawsuits and stuff like that.
Nixstor,
A lot of people argue that these categories are not defined as hard and fast percentages, but that rather the definition of EB-1 already includes spill-over from EB-4/5, EB-2 includes spill-over from EB-1, etc., and that 202(a)(5)(A) actually refers to already spilled-over categories (i.e. the place where they talk about the total number of visas).
I guess this point as to how exactly spillover happens is very moot, and the law is quite open to interpretation. They should have really defined this more clearly with the AC21 amendment, rather than have people waste their time with lawsuits and stuff like that.
more...
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pappu
05-21 05:38 PM
Thank you Sugaur!
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dealsnet
10-16 11:33 AM
Any Good Lawyer in Bloomington , Indiana.
Please recomend.
Even in Indianapolis is ok.
Please recomend.
Even in Indianapolis is ok.
more...
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pappu
05-28 12:54 PM
I have made small contribution of $50/-. Thanks to the fellow IV members on their efforts to make this a success :)
Thank you
Thank you
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yabadaba
11-08 03:50 PM
The reason some of us long timers at IV are ired with the Ombudsman is because this drives us off message. We end up discussing non relevant topics.
We have one goal. Relief for thousands of us who are stuck in limbo because of antiquated immigration policies for skilled immigrants.
Today is a good day for us. Why? Because any change is better than the do nothing congress before this one. We need to be energized and reinvigorated to take this race to the finish line.
In times like this the Ombudsman is a distraction. His views are a distraction. When you start feeling helpless or get the age old feeling that nothing will happen, you have lost the battle.
We have one goal. Relief for thousands of us who are stuck in limbo because of antiquated immigration policies for skilled immigrants.
Today is a good day for us. Why? Because any change is better than the do nothing congress before this one. We need to be energized and reinvigorated to take this race to the finish line.
In times like this the Ombudsman is a distraction. His views are a distraction. When you start feeling helpless or get the age old feeling that nothing will happen, you have lost the battle.
more...
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sonia_sd
08-07 05:13 PM
I had been there in US for 7 yrs (3 yrs in L2->1yr out of US->4 Yrs in H1B). Saw the myths and tragedy of US GC process very closely. Didn't want to spoil peace of life and my hard earned money with USCIS and lawyers:mad:. Didn�t look at the US GC application and applied for Canadian PR. Came to Canada with PR last year from US. Peacefully settled in Toronto with nice job and benefits, bought my brand new car 4 months back. Nice and friendly people and government. Happy to be in Canada. No more stamping issues, tons of junk paper works, consulate visit PA and wired look from immigration officers at POE�. enough�. I am not going back to US even for a visit in next 5 yrs..�
But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D
To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you�ll succeed anywhere in this world, be it in US, Canada or Australia. Don�t blame it on a country, but look at yourself.
Just my 2 cents.
Hello PAL, You are 100% right - here is my full support to your argument !!
But I can go out of Canada and enter any time and as many time as I want. Can you do that too???? :D
To those who are portraying wrong picture of Canada, all I can say, if you have skills, personality and capability, you�ll succeed anywhere in this world, be it in US, Canada or Australia. Don�t blame it on a country, but look at yourself.
Just my 2 cents.
Hello PAL, You are 100% right - here is my full support to your argument !!
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navinms
05-27 02:10 AM
$50
Receipt ID: 3029-0309-9922-2860
Receipt ID: 3029-0309-9922-2860
more...
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pointlesswait
02-25 12:47 PM
I had emailed CIS Ombudsman's requesting temporary relief in such uncertain times...by allowing ppl to file for AOS..even if their PD is not current.
They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.
I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
They replied to me ..but i think a more co-ordinated and deluge of such requests will make them take this issue seriously.
I think desi3933 is right -- that one cannot file AOS without PD being current. However, this does not mean we should give up pursuing our goal. The secretary of DHS specially made it clear that she is willing to push for changes both regulatory AND legislative. But before putting in any effort, she will need to know what changes to push for. She even specifically mentioned the issue with pre-application of AOS, which seems to me a real good chance to get the message delivered.
Just for starters, here are the benefits I can think of about pre-filing of AOS:
- By having all applications on file, let USCIS better predict case load and allow DOS Visa Office to make informed decision on Cutoff Date movements
- Create more revenue for USICS (DHS) via AP and EAD applications
- Reduce the work load of Overseas Consulates when applicants with AP does not have to apply re-entry H1B visa.
- Many H1B visa holders have to go through the administrative procedure when applying re-entry visa. This process is more or less a duplicate with the background check required for green card application. When the applicant is allowed to travel with AP, the effort of background check is consolidated and allow resources to be better utilized.
- EAD allows applicants more freedom to change job, this will results in better resource distribution to accommodate the rapid changes of the economy, and it makes the market the most important factor to determine wages.
Please add whatever you feel missing to the points and maybe we'll come up with a formal letter to communicate to the secretary.
Last, to address the concern that USCIS may be flooded by AOS applications from freshly off-the-boat H1B's, restrictions need to be put on the qualification of AOS. What I could think of is:
- Must have approved I-140 (immigration visa. I think this restriction makes the most sense)
- Must have priority date older than a certain number of years
- Must have been in the US legally for five years
- etc.
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needhelp!
03-05 02:53 PM
Yes, country of birth should get us close.
needhelp...maybe instead of country of chargeability we should ask for grouping by country of birth; this is an actual field required in the I-485 form.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
needhelp...maybe instead of country of chargeability we should ask for grouping by country of birth; this is an actual field required in the I-485 form.
You are right about priority date. It is not a field available in the 485 form. in the 485 form we reference the approved I-140, which is the only place where your see the "Priority Date" field.
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bigtime008
07-18 02:37 PM
Now I see why you got banned. What you did not realize is others were not rejoicing anything "AT YOUR EXPENSE". They were just enjoying what was available to them. You are the one who wants to make it a zero sum game i.e. gain for others is loss for you and vice versa.
While others were celebrating what was good for them, you want to rejoice others pain. That is just *sic*. I retract my earlier support for you.
.
Please don't misunderstand me, I did not rejoice their pain, I rejoice what was good for me.
While others were celebrating what was good for them, you want to rejoice others pain. That is just *sic*. I retract my earlier support for you.
.
Please don't misunderstand me, I did not rejoice their pain, I rejoice what was good for me.
sameer2730
06-11 07:54 PM
Its just a matter that the Company felt that your skills require only a bachelor's degree for the work that you perform,whereas other companies feel it requires a master's degree.
.
I think its time to stop this discussion. It is pointless and self serving. We are all amazingly beautiful, intelligent, strong and sexy. Some are beautiful, intelligent , strong ,sexy and EB2 while the rest are beautiful, intelligent, strong, sexy and EB3.
.
I think its time to stop this discussion. It is pointless and self serving. We are all amazingly beautiful, intelligent, strong and sexy. Some are beautiful, intelligent , strong ,sexy and EB2 while the rest are beautiful, intelligent, strong, sexy and EB3.
walking_dude
10-18 12:54 PM
All Michigan GC applicants are invited to attend this auspicious opening ceremony of the Michigan chapter.
Blessings in presence only
Blessings in presence only
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