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.
chanduv23
08-07 09:18 AM
A lot of people in the community still not on IV.
coolgc
05-08 08:48 PM
Hello anu_t,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
I know that you are not jealous. But just for your information, I have a Ph.d degree. Just because my office attorney filed our GC under EB-2, I thought that should be fine. But now I changed my mind (after waiting for couple of years) and planning to file EB1. You have to do Ph.d plus some years of experience to file in EB-1 category.
Hope that helps,
bitzbytz
07-13 11:07 AM
deleted
more...
dwl800
12-18 04:14 PM
I have recently moved to Indy. Do you guys want to meet? Count me in whenever you have the next meeting
gc_on_demand
07-14 10:04 AM
I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.
As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?
As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?
more...
tabletpc
12-28 08:19 AM
Best wishes to your mother ...!!!!
Don't worry about the visa...old visa stamping is good to use as long as it has not expired. Make sure you carry all relavent documents to prove you work for present employer. There could a possibality of officers calling to confirm your employment..so make sure you inform your present employer about it.
Don't worry about the visa...old visa stamping is good to use as long as it has not expired. Make sure you carry all relavent documents to prove you work for present employer. There could a possibality of officers calling to confirm your employment..so make sure you inform your present employer about it.
Yeldarb
10-28 11:02 PM
dreeft, you could set it up as subcontracting work out though, all the work being funneled through one person and then subcontracted to other members of the "group"
Then it wouldn't be a business and hence would be a "group" of freelancers :P
I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
Then it wouldn't be a business and hence would be a "group" of freelancers :P
I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
more...
vallabhu
07-30 05:30 PM
this spring�s defunct immigration bill partially replaced with a skills-based system.
This statement is confusing between SKILL BILL and Point based system bill.
I cannot make which one he has in mind for us, can you guys comment.
This statement is confusing between SKILL BILL and Point based system bill.
I cannot make which one he has in mind for us, can you guys comment.
rrkany
10-20 08:58 AM
On a different note, how safe it is to go for Visa stamping in Canada. My visa stamp in passport expired last year, my H1B is valid untill end of 2007. Will it be ok to go to canada for visa stamping at this stage. Please let me know if anybody has any good/bad experiences with this process.
Thanks
Thanks
more...
kumsoft
07-02 03:04 PM
Dear Follow member,
Our inability to apply for I-485 due to unethical behavior of USCIS is not covered by any major news channel. I searched in google and looked up all major news web site, non has this news. When all these news channels can cover illegal immigrations, why cant they have some space for legal immigration. We are legal immigrants, shouldnt be afraid of anything. We pay a lot of taxes and we dont diserve this 3rd rated treatment. So go call every major news channel in your local area and request them to cover this news. I called Fox10, ABS15 & AZ Republic in Phoenix area. Spread this news and create awareness and we should be able to get justice.
Our inability to apply for I-485 due to unethical behavior of USCIS is not covered by any major news channel. I searched in google and looked up all major news web site, non has this news. When all these news channels can cover illegal immigrations, why cant they have some space for legal immigration. We are legal immigrants, shouldnt be afraid of anything. We pay a lot of taxes and we dont diserve this 3rd rated treatment. So go call every major news channel in your local area and request them to cover this news. I called Fox10, ABS15 & AZ Republic in Phoenix area. Spread this news and create awareness and we should be able to get justice.
statuslaw
01-31 12:03 PM
I got an email from DOS (TRTClearanceResponses@state.gov) as follows:
Dear XXX
We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:
o This request.
o The notice of suspension TRT/NIV-13(A) received at your interview.
o Your passport (must be valid for at least 6 months from today�s date).
o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).
o A self-addressed, prepaid Canada Express Post mailer.
o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.
o NO electronic items, food or liquids.
It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.
Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?
Thanks!
Dear XXX
We can now conclude your application for a nonimmigrant visa. Please mail the following items to the Non-Immigrant Visa Unit, 360 University Avenue , Toronto , ON M5G 1S4 or appear with them in person at 225 Simcoe St. at your earliest convenience within sixty (60) days of this notice, Monday through Thursday between the hours of 9 AM and 11 AM , excluding U.S. and Canadian holidays. No new appointment is necessary. Please mail or bring:
o This request.
o The notice of suspension TRT/NIV-13(A) received at your interview.
o Your passport (must be valid for at least 6 months from today�s date).
o All documents that you submitted with your original application (e.g. I-797, I-20, DS-1029, etc.).
o A self-addressed, prepaid Canada Express Post mailer.
o USD or Mastercard/Visa credit card to pay any visa reciprocity fee noted at http://travel.state.gov/visa/reciprocity/index.htm.
o NO electronic items, food or liquids.
It may take an additional workweek to prepare your visa after you appear here or these items reach us by mail. Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time.
Should I contact US Consulate in Toronto for confirmation before go to Toronto for my visa interview?
Thanks!
more...
InTheMoment
11-17 02:51 PM
STAmisha,
My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.
As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.
If you want I can e-mail his deatiled FAQ to you.
:)
My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.
As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.
If you want I can e-mail his deatiled FAQ to you.
:)
bestofall
06-15 05:19 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
Our question....Is it sensible to travel on AP him being unemployed?
my friend went to India for 4 month Vacation.
1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company
As long as you prepared tos how required papers ..no issues
Our question....Is it sensible to travel on AP him being unemployed?
my friend went to India for 4 month Vacation.
1. while returing at JFK POE .. He was asked if he got paid on that 4 month Vacation. My friend said. "NO" and the POE Officer asked , if he had still Job with sponsering Employer , and this guy showed the recent EVL letter which he got from his employer .....just make sure to you have all docuementation ,a letter from Employer stating still your husband employed with that company
As long as you prepared tos how required papers ..no issues
more...
TomPlate
12-03 10:01 AM
I asked an other question which is more related to this and somebody deleted. Please answer these as it is really hard.
Here is my question,
1. After 180 days I would like to change job.
2. My I140 approved in feb 2006.
3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
4. Can I quit before Apr 2008 will it have any issues in my Green card process.
Here is my question,
1. After 180 days I would like to change job.
2. My I140 approved in feb 2006.
3. Company needs to file I140 amendment because my company was acquired by a giant company and they will do end of Apr 2008.
4. Can I quit before Apr 2008 will it have any issues in my Green card process.
johnwright03
02-23 08:03 PM
Folks,
I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??
3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?
--thx
I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??
3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?
--thx
more...
thomachan72
06-07 07:40 PM
cant see the daily update thread. dont know what happened
sheela
08-06 07:58 PM
I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to
register."
I sent you PM. Please, check the same
register."
I sent you PM. Please, check the same
bluez25
08-23 01:59 PM
Thanks and appreciate closing the other duplicate thread paskal. I wasnt sure about which categorty should I put this torture story.
Keep up the good work..
Keep up the good work..
ashwin_27
05-10 07:45 PM
Very Interesting set of links. We need to respond to each of these journalists thanking for any positive coverage but also highlighting the specific issues that is causign the backlog (7% per country limit and lack of visa recapture). We need to request that attention be paid to this aspect and how removal of per-country limit is neccessary to eliminate the greencard backlogs (and that visa recapture will at least provide limited relief). Most of such articles praise high-skilled immigrants but do not get to the root of the issue and the possible solutions. We need some folks to help with this IV media outreach. Please PM me if you are interested.
Refugee_New
08-04 11:45 AM
There we go again. Now we need to create another ombudsman to make sure current ombudsman office works straight...:p
Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...
Thanks for your suggestion. I'll participate next time.
Call the BLACKHOLE aka cis office, get info about your case, and note the person's badge you spoke, time and day of your call, put it in a letter along with file 7001 and send to ombudsman's office (also mention in the letter that you filed 7001 couple of times earlier). You need to get hold of someone in ombudsman's office and be in constant touch through email or something...You should have been on the conference call past week...Next time you can participate and ask directly...
Thanks for your suggestion. I'll participate next time.
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