[uber]
04-08 02:13 PM
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raysaikat
07-10 08:50 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?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
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.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
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?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
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.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
satish_hello
09-11 02:08 PM
My case is transfered to from NSC to CSC on 09/07, California Service center.
I live in california, and my employer too in California.
Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..
Do you huys know any future cases like this wht we have current situation.
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
I-485 - Delivered july6th at NSC
CheckCashed-yes
RD - yes
ND-yes
FP- not yet,
EAD-Not yet
AD -?
I live in california, and my employer too in California.
Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..
Do you huys know any future cases like this wht we have current situation.
Regards
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
I-485 - Delivered july6th at NSC
CheckCashed-yes
RD - yes
ND-yes
FP- not yet,
EAD-Not yet
AD -?
2011 Kenya Moore, Agbani Darego,
ronhira
10-11 07:41 PM
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more...
chanduv23
09-14 06:53 AM
LETS ALL STAND UP AND CHEER THE MOMENT - THE RALLY AND SURROUNDING EVENTS HAS OFFICIALLY BEGUN.
FEW HOURS BACK OUR PROUD, SINCERE, HONEST AND DEDICATED MEMBERS VIJAY(SEAHAWKS) AND VANDANA(VANDANAVERDIA) STARTED THEIR LONG JOURNEY FROM THE SEATTLE TACOMA AIRPORT AND WILL BE FLYING INTO WASHINGTON DC LATER TODAY - THIS MARKS THE OFFICIAL START OF THIS HISTORIC EVENT.
IV SALUTES ITS DEDICATED MEMBERS WHO ARE WORKING DAY AND NIGHT AND MAKING THIS EVENT A BIG SUCCESS
A HUGE TURNOUT IS EXPECTED AND THIS WILL BE AN EVENT, IF MISSED, YOU WILL DEFINITELY REPENT.
FEW HOURS BACK OUR PROUD, SINCERE, HONEST AND DEDICATED MEMBERS VIJAY(SEAHAWKS) AND VANDANA(VANDANAVERDIA) STARTED THEIR LONG JOURNEY FROM THE SEATTLE TACOMA AIRPORT AND WILL BE FLYING INTO WASHINGTON DC LATER TODAY - THIS MARKS THE OFFICIAL START OF THIS HISTORIC EVENT.
IV SALUTES ITS DEDICATED MEMBERS WHO ARE WORKING DAY AND NIGHT AND MAKING THIS EVENT A BIG SUCCESS
A HUGE TURNOUT IS EXPECTED AND THIS WILL BE AN EVENT, IF MISSED, YOU WILL DEFINITELY REPENT.
mkyaj
03-24 12:19 PM
My H1-B expires in Oct-2009. So my wife's H4 visa & I-94 are valid till Oct-2009.
I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.
She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?
How does it work? Did anyone went through similar scenario?
Please advice.
Thanks.
I am applying for my H1 extension. I am attaching my wife's H4, I-94 with the extension.
She may have to go to INDIA in June and come back within a month. As she gets a new I-94 which will be valid for 3-4 months till Oct-2009 & her old I-94 is sent for extension, do i have to do anything else after that?
How does it work? Did anyone went through similar scenario?
Please advice.
Thanks.
more...
WaitingForMyGC
01-11 02:38 PM
What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.
2010 relaxed nov ,kenya moore
RNGC
02-04 10:15 PM
I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?
Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.
Thanks for all your inputs.
more...
perm2gc
12-23 02:53 PM
Hi All,
Could any please provide some insight about the companies "Unemployment Wage report" for the state of California?
This is the only query as stated in the 221(g) form got from Chennai embassy for your reference.
"State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past two quarters as filed to State of California (This should not be payroll reports, but the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)"
Could you please provide me the exact form name and number to submit through the dropbox. Also some explanation if possible on how the form will look like in order to track it down?
Any help in this regard is greatly appreciated.
Happy Holidays!
All the very best to all of you.
Thanks & Regards,
ChakYour company has to send you the documents.Ask your company.They know what those documents are.
Good Luck !!!
Could any please provide some insight about the companies "Unemployment Wage report" for the state of California?
This is the only query as stated in the 221(g) form got from Chennai embassy for your reference.
"State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past two quarters as filed to State of California (This should not be payroll reports, but the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)"
Could you please provide me the exact form name and number to submit through the dropbox. Also some explanation if possible on how the form will look like in order to track it down?
Any help in this regard is greatly appreciated.
Happy Holidays!
All the very best to all of you.
Thanks & Regards,
ChakYour company has to send you the documents.Ask your company.They know what those documents are.
Good Luck !!!
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Sakthisagar
06-07 08:44 AM
Hi,
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
more...
nileshup
09-25 04:50 PM
I had a positive skin test & doctor recommended the 9 months tb treatment, but I applied for I485 & EAD because the doctor did provide me with I693 sealed envelope.
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
Now, Will it be a problem to get an EAD??? because I haven't completed my 9 months of treatment.
Thanks,
Nileshup
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malibuguy007
10-01 07:06 PM
I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.
His confirmation number is 86FZ6-TMC55
His confirmation number is 86FZ6-TMC55
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abc
09-07 06:51 PM
Put the year also to get an idea.
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StuckInTheMuck
05-04 04:49 PM
ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?
Just imagining what the details of the RFE could be?
Interesting thought :) I will share with you (maybe in the "Lighten up" thread) if something witty pops in my head.
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thank you, Rangan, for your input. I guess you are thinking of transit visa. Yes, many European airports require such a visa if H1 folks have an expired stamp on their passports. My travel agent assured me I do not need this visa at FRA (I have GC).
Just imagining what the details of the RFE could be?
Interesting thought :) I will share with you (maybe in the "Lighten up" thread) if something witty pops in my head.
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thank you, Rangan, for your input. I guess you are thinking of transit visa. Yes, many European airports require such a visa if H1 folks have an expired stamp on their passports. My travel agent assured me I do not need this visa at FRA (I have GC).
more...
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desi3933
03-24 08:51 AM
Hi,
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
Leave US asap and re-enter using L1 visa stamp to get back into L1 status.
___________________
Not a legal advice.
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
Leave US asap and re-enter using L1 visa stamp to get back into L1 status.
___________________
Not a legal advice.
dresses Kenya Moore - Qwiki
natrajs
02-13 11:32 AM
I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.
My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.
Dear sukant71
I highly recomend it, My friend too got it like that. Don't wait anymore, What's the harm it is going to make by contacting your local Senator. You have been already going through lot pain and agony.
I wish you best of luck.
My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.
Dear sukant71
I highly recomend it, My friend too got it like that. Don't wait anymore, What's the harm it is going to make by contacting your local Senator. You have been already going through lot pain and agony.
I wish you best of luck.
more...
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FinalGC
07-03 03:14 PM
after 140 is approved!! Only then can u port your PD. Otherwise you will start at the end of line again....
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Picasa
08-27 01:25 PM
Where did you go to renew your licence (what state)?
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
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paskal
08-23 01:54 PM
this is just the kind of thing we want to fight! terrible situation...
please help iv's efforts to end retrogression for all.
please all come to the rally, volunteer, contribute and spread the word!
please help iv's efforts to end retrogression for all.
please all come to the rally, volunteer, contribute and spread the word!
amsgc
02-07 09:14 PM
AFAIK, This only applies in cases where the visa that is being sought is not a dual intent visa.
US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.
US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.
anilsal
02-18 12:28 PM
like the 2nd FP notices have been sent to EB3-I folks from 2002 and 2003 batch.
Just a guess.
Just a guess.
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