paulan
08-03 04:51 PM
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
Hi,
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?:confused:
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
Hi,
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?:confused:
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
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gccovet
06-25 11:39 AM
I persuaded my manager (US Citizen) and he called as well ( I was present when he called). He voiced his support. Also, had my other colleagues call in as well.
Planning to call my friends and relatives (US Citizens) and ask them to make the calls.
GCCovet
Planning to call my friends and relatives (US Citizens) and ask them to make the calls.
GCCovet
Hinglish
03-13 05:50 PM
Well...I am one of us stuck in EB3. I do qualify for EB2 but my employer choose to file it under EB3. I recently invoked AC21 and moved over to a new employer on my EAD. Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Sorry , but I dont think that it is possible to do that ...
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
Sorry , but I dont think that it is possible to do that ...
EB3 vs EB2 classifications depend on Job Description ie the description and education, experience requirement given at the labor certification stage.
You can get labor certification which would satisfy EB2 class requirements and apply under EB3 for I140 .... but not the other way around. ...
That means starting from scratch with PERM with a new Labor... loosing PD and back to square one ... obviously not worth it
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Canadian_Dream
05-31 05:17 PM
It is contradicting because you are applying Louisiana Senate Law's and Robert's Rule which is a guide to conduct a board meeting to United States Senate. All three are three different things !!!! Order to lie on the table in the language of United State Senate means "A Negative Position" by the majority.
In any case I agree with what Logiclife has said about these amendments.
I am confused. it is very contradicting.
In any case I agree with what Logiclife has said about these amendments.
I am confused. it is very contradicting.
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Legal
07-10 04:43 PM
Isn't this old news? has been around for a while???
mundada
01-13 09:09 AM
I disagree with you. I will try again but you can continue to disagree with me.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
Guy from ROW joins Company A in 2001. The Company A files his EB2 ROW in 2004.
Guy from Retrogressed Country (India/China) joins same Company A in 2001. The Company A files his EB2 India in 2004.
Both guys are brilliant and have same talent.
ROW guy gets approval in 2005, while Retrogressed guy has not got approval even in 2010.
ROW guy gets promotion and moves up in the ladder in 5 years from 2005 to 2010, while Retrogressed guy cannot move up the ladder even though he qualifies for the promotion because he does not have green card and is required to maintain same or similar job.
Agreed immigration is benefit. But immigration laws should apply equally. It cannot be the case that people from only few countries are retrogressed by 5 more years than the people from all the other countries, which causes people from few countries to be at disadvantage at work.
It would have been fine legally if people from all the countries had to wait for green card for same amount of time, even for 10 years because immigration is benefit.
I think when the law was designed this situation was not considered. Hence, I think the law as it is has had an unintended consequence of discrimination at work.
I therefore think if someone with EB2 from 2004 or EB3 from 2002 has a good chance of convincing EEOC of work discrimination because
CAUSE:
1. He/She is required to have same or similar job; AND
2. He/She is qualified for the promotion; AND
3. People in his/her group and in the same/similar situation who were from ROW received their GC at least 3 years earlier and have got the promotion; AND
4. People from only few countries are retrogressed; AND
5. The only reason for his/her not receiving the GC is visa number unavailability because of country quota and there is no other reason
EFFECT: (though unintended)
He/She cannot get promotion; while his collegue from ROW can i.e. People from only few countries are at disadvantage at work compared to people from ROW.
You are missing the key point here.
Equal Employment Opportunity applies only to applicants who are eligible to apply for that job. It does NOT apply to immigrant visa allocation and any other visa benefit such as H-1B approval.
In other words, Equal Employment Opportunity is applicable to US Citizens and residents with work authorization (Green Card holders, EAD holders, person with H-1B approved) and this is limited to job hiring, job promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. This does not extend to immigration benefit or opportunity lost due to lack of immigration benefit (such as I-485 approval).
________________
Not a legal advice.
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new_horizon
04-10 02:11 PM
for all those who complain, and say the IV core doesn't do anything. the very reason you are expression your opinions, and most everyone getting advise is because the IV core took pains to set up this forum. It takes great deal of effort, time, money, sacrifice to do something productive and useful for the masses.
If you are too much worried or frustrated with the IV core not sharing info with you, why don't you take the pain of starting a forum of your own, and see how many people will join that. You will understand what all pain you will go through.
Personally I am a donor, because I understand the sacrifice people make to get this thing going. I know nobody is making money out of my donation 'coz they'll be in deep trouble for doing that. And I am not going to complain because I am not being informed of all the actions going behind the scene. I trust the core for doing the right thing which is beneficial to all. There are few core members who have already got the GCs but are still working on this effort.
So my humble advise is "pls don't complain...nobody is under any compulsion to contribute or do anything. The request is out there for all but it's upto you to act".
---------
If you feel discriminated against, pls feel free to lodge a complaint with the DOL or USCIS (just kidding this part alone).
If you are too much worried or frustrated with the IV core not sharing info with you, why don't you take the pain of starting a forum of your own, and see how many people will join that. You will understand what all pain you will go through.
Personally I am a donor, because I understand the sacrifice people make to get this thing going. I know nobody is making money out of my donation 'coz they'll be in deep trouble for doing that. And I am not going to complain because I am not being informed of all the actions going behind the scene. I trust the core for doing the right thing which is beneficial to all. There are few core members who have already got the GCs but are still working on this effort.
So my humble advise is "pls don't complain...nobody is under any compulsion to contribute or do anything. The request is out there for all but it's upto you to act".
---------
If you feel discriminated against, pls feel free to lodge a complaint with the DOL or USCIS (just kidding this part alone).
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sc3
09-12 07:15 PM
23 (out of 31) of the co-sponsors for HR 5882 are Dems. not to mention the main sponsor is also Dem.
I did not say all of the dems, by same token not all republicans support immigration (legal or otherwise).
What I am saying is that generally, republicans have (even if it is to spite the efforts of people pushing illegal immigration) been more supportive of legal than illegal immigration.
While many democrats have been supportive, the one of the main reasons for the delay are the dems themselves, their crappy CHC, who dont want to allow any immigration bill till the illegals are elevated on the pedestal. The Dem leadership have put the immigration issue a hostage to the whims of CHC.
I did not say all of the dems, by same token not all republicans support immigration (legal or otherwise).
What I am saying is that generally, republicans have (even if it is to spite the efforts of people pushing illegal immigration) been more supportive of legal than illegal immigration.
While many democrats have been supportive, the one of the main reasons for the delay are the dems themselves, their crappy CHC, who dont want to allow any immigration bill till the illegals are elevated on the pedestal. The Dem leadership have put the immigration issue a hostage to the whims of CHC.
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skark
04-23 08:36 AM
Hi,
Employee of company A accepts an offer from another company B which promptly applies for a H1B transfer premium processing and its approved. Now the employee cannot join company B due to some problem and wants to remain with company A. Does company A need to apply for H1 transfer?
As I understand there will be no need to apply for the transfer again and the employee can continue working for company A. But the tricky part here is what if company B cancels the employees H1 visa seeing the employee did not join its workforce (considering that it just transferred it)?
Can some knowledgeable people please comment on the above scenario please.
Employee of company A accepts an offer from another company B which promptly applies for a H1B transfer premium processing and its approved. Now the employee cannot join company B due to some problem and wants to remain with company A. Does company A need to apply for H1 transfer?
As I understand there will be no need to apply for the transfer again and the employee can continue working for company A. But the tricky part here is what if company B cancels the employees H1 visa seeing the employee did not join its workforce (considering that it just transferred it)?
Can some knowledgeable people please comment on the above scenario please.
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amitjoey
04-09 04:59 PM
This feels good to see people helping out a complete stranger. Never saw such camaraderie elsewhere.
Yes, thats what IV is. We stand together.
Yes, thats what IV is. We stand together.
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Horace Jones
07-22 04:32 PM
I had something similar happen to me once. You should definitely file a complaint, and you might be surprised with the results. Here is some more information about filing a complaint: Where do you file a complaint against the US embassy? Is it in a federal court? or somewhere else? - Yahoo! Answers (http://answers.yahoo.com/question/index?qid=20091128091457AA2iR4k)
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delhiguy79
07-24 11:23 AM
140 reached NSC on July 11.
Receipt date is July 17, attorney says they got it today, July 24.
So for those at NSC who filed within a day or two of me, mght be better to hold off for a couple of days before filing 485 with the colored sheet which will probably add some delays in the mailroom
mine reached NSC on July 16th...hopefully i ll recieve it by next week.
Receipt date is July 17, attorney says they got it today, July 24.
So for those at NSC who filed within a day or two of me, mght be better to hold off for a couple of days before filing 485 with the colored sheet which will probably add some delays in the mailroom
mine reached NSC on July 16th...hopefully i ll recieve it by next week.
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justice4all
07-21 09:04 PM
Hi All,
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
Thank you for the overwhelming response. I did skim through the responses and agree with most of the suggestions/comments if not all.
Someone had brought the issue of FIFO and if there is anything in the law that states that FIFO has to be followed. I am not a law expert myself and cannot comment on if there is any such law. But what I am basing is more on the everyday commensense behaviour that all we humans follow for any queue. FIFO is the predominant thing being done for any queue and that will be the most resonable way to process be it a bunch of applicantions waiting on a queue or to service a number of people waiting on a queue in a bank or post office or whereever it might be. That is the fair, unbiased and non-preferential way of doing things. Isn't it?
I want to make sure to convey the point that I first of all wanted to bring this issue to everyone's attention. May be my message was worded strongly, but doesn't mean that I am not flexible.
I thought suing DOL is one of the options. Of course if there are other viable alternatives that will be less demanding, less expensive and will take a more non-confronting approach but still could have an equal impact in terms of resolving the issue amicably then I am all for it. But then the obvious question is what are the other equally good options? Someone mentioned about a petition. So what is a petition and how do we do it? Also mentioned was writing letters to congressmen etc. So who do we contact and how? Please, please anyone having the information please share.
One more thing is that I am all for a dialog with IV core members and their guidance for this. Since I started this thread doesn't mean that I wanted to sideline IVs, but this is the only way I thought I could communicate to the IV platform about the agony of this issue and how people have been affected by this. So I am all for talking with IV core members on this. But please let me know how I could do that?
So please let us start acting now: The list of next possible steps (in no particular order) are:
- Decide if there are viable alternatives to a lawsuit that is more non-confronting and first try them if possible
- Get the support of IV core team for this
- If no other alternatives are available then consider filing a case. Consult an attorney for this
- Raise more awareness about this and get allt he support we can
- Raise some money towards this cause
So please please provide more inputs so that we could start making some real progress. Thanks!!
Hello Risker,
After going through all postings, it is wise to consider the following actions in order:
1. Contact the IV core team and tell our problem. Ask their input about what we can do and whom we need to contact. They may let us in correct direction.
2. In the meantime, Get the details of peoples whose case are still in backlog centre.
3. Finally, nothing works and no one help us, file a lawsuit. (As I dont know anything about the lawsuit here, many of them mentioned that the lawsuit should be done by the employer and there is more possibility of loosing.. We should not lose heart on that. In the suit, we need to ask them to make it current and keep the same filing fees until 30 Sep 07)
P.S. As one of the posting mentioned, we may also consider waiting till Sep 07 before filing lawsuit. Because DOL promised to clear all cases before 30 Sep 07. If they dont then our case become more stronger. Till then we need to contact concerned people (like IV, congressman etc) and collect all infromation.
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Almond
07-17 07:30 PM
You expressed frustration at your situation, and rightfully so, anyone one of us would have felt the same way in your situation. This is so unfair. As far as I'm concerned, you have nothing to apologize for. I hope you get approved soon so you can join the rest of us I485'ers. Good luck to you.
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snathan
03-28 02:25 PM
& then what are you going to deliver with that money?
Hand toasted pizza with tomotto sauce and garlic bread.
Or GC with Fedex overnight
Hand toasted pizza with tomotto sauce and garlic bread.
Or GC with Fedex overnight
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stldude
07-05 11:23 AM
Well Said ! I guess lot of us are looking for the slightest possiblity of the applicaiton going through instead of getting rejected..
Anyways, Any guesses on what the PD will be in Oct VB? My guess is they'll not progress much and will try to stick to the June Bulletine timeframe..
Oh trust me WE KNOW THAT. We're just testing the waters now with the USCIS agents :p
Anyways, Any guesses on what the PD will be in Oct VB? My guess is they'll not progress much and will try to stick to the June Bulletine timeframe..
Oh trust me WE KNOW THAT. We're just testing the waters now with the USCIS agents :p
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chmur
11-17 02:33 AM
I understand the need to gain grassroots strength, But at the same time I expect that IV core members to do better than arbitrary curt responses directing everyone to state chapter on this forum.
I am sure IV core do better, like for example, well crafted sticky memo explaining the need for state chapters/grassroots strength and dangers of remaining only an internet based group of anonymous members and why agenda of the IV will not be discussed or revealed in this forum. There was one good post explaining this.
Such a professional explanation is required to gain the respect of the newcomer on this forum and his views and at the same time promoting IV objectives.
IV and rest of us need each other to get this huge problem fixed.
I am sure IV core do better, like for example, well crafted sticky memo explaining the need for state chapters/grassroots strength and dangers of remaining only an internet based group of anonymous members and why agenda of the IV will not be discussed or revealed in this forum. There was one good post explaining this.
Such a professional explanation is required to gain the respect of the newcomer on this forum and his views and at the same time promoting IV objectives.
IV and rest of us need each other to get this huge problem fixed.
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migboy
07-20 02:45 PM
the funnies thing is that NSC update for Nov 20 is just found on Immigration.com and no where else .....SO whats the reliability of that document ?
If my attorney is to be believed, USCIS will clarify on Wednesday regarding whether/how to file without receipt notice.
BTW turns out I'm with Nebraska SC too. I had just assumed I would be in TX given that I live in TX! :D
If my attorney is to be believed, USCIS will clarify on Wednesday regarding whether/how to file without receipt notice.
BTW turns out I'm with Nebraska SC too. I had just assumed I would be in TX given that I live in TX! :D
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pa_arora
09-27 01:06 PM
Speed of approval is not the problem. The NUMBERS are the problem. We saw that in June when so many ppl got approved.
To me "SKILLED & DIVERSITY" doesn’t make any sense. They should not go hand in hand.
To me "SKILLED & DIVERSITY" doesn’t make any sense. They should not go hand in hand.
snathan
02-09 09:35 PM
Is english speaking required to qualify for EB2 ? who diminished the country image ? In our company Indians are highly regarded and yes most of us work for desi companies . Dont blame others just becasue your company dont sponsor in EB2.
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..
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..
hebbar77
08-21 06:45 PM
Why was your "fellow Indian wearing a turban" trying to enter the Consulate before it officially opened? The Consulate official had every right to call security and "through out" your "fellow Indian wearing a turban". If your "fellow Indian wearing a turban" had followed the rules and not tried to force his way, maybe he would not have been treated thus.
Here's a thought: try doing the same here and see how well you are treated.
I disagree. I would expect a person to convey that they are not officially open despite the doors being open. I agree its not nice on customers part to enter before the office is officially open, but that does not mean the officer just threatens a countryman.
We should learn to respect our countrymen/women first. If I were to try to enter a business which is closed but doors are open, I can tell that someone would tell me that same verbally!
Here's a thought: try doing the same here and see how well you are treated.
I disagree. I would expect a person to convey that they are not officially open despite the doors being open. I agree its not nice on customers part to enter before the office is officially open, but that does not mean the officer just threatens a countryman.
We should learn to respect our countrymen/women first. If I were to try to enter a business which is closed but doors are open, I can tell that someone would tell me that same verbally!
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