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  #16 (permalink)  
Old 02-08-2007, 04:58 PM
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please be polite to him/her. I dont like the word/phrase "hook you with guy". you could say "recommend you to .." instead.
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  #17 (permalink)  
Old 02-08-2007, 05:03 PM
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Default

Quote:
Originally Posted by rb_248
Transfer H1-b (dont have to apply for a new one)
: THIS IS COMPLETELY WRONG

I already posted this in another thread and I will post it again:


I am wondering when people will understand that H1B Transfer does not exist!
Everytime you want to switch employers, a whole new H1 must be filed.
People are always under the impression that because they already hold an H1, then it is easy to get "transferred" to another company.
In this case, the only thing you actually "transfer" is ...yourself and nothing else. The only advantage of already having an H1 is that you don't have to worry about the quota anymore, you are exempted from it.
Since you have to file a new case, approval can never be guaranteed and it is therefore always risky to switch employers (as soon as the new H1 is filed), without waiting for approval. Tricky stuff...
Check this from Murthy.com:

" Among the questions that often reach us, are those regarding H1B status and changing employers that refer to "transferring" the H1B. This term is frequently used, even by some immigration attorneys. The H1B is not actually "transferred" from one employer to another when an individual changes a job, however. We understand what people mean when they refer to an H1B transfer. We take this opportunity to explain the concept, though. This should help our readers to avoid misunderstandings as to procedure and requirements based upon the mistaken belief that the H1B is somehow transferable from one employer to the next.
©MurthyDotCom
When a person is on an H1B and plans to change employers, what technically is filed with the USCIS is a new H1B petition, reflecting a change in employment, generally with a request to extend H1B status. Again, with the exception of the foreign national employee, there is nothing that transfers from one employer to the other."
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  #18 (permalink)  
Old 02-08-2007, 05:08 PM
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Default Thank you all

Thank you all for the quick and helpful replies.

My current employer has assured me that they will not revoke my LC or I-140. It is a huge company and I think it will stick to its word. It will not have any use for the LC, I-140 anyway as the whole group was laid off and the product moved to India.

So, it seems that if I transfer to company B they will be able to file for an H1 extension beyond 6 years based on I-140 approved with company A. I can then start my GC process with B again while keeping my old priority date.

Once again, all your replies were immensely helpful.

Thanks
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  #19 (permalink)  
Old 02-08-2007, 07:14 PM
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Quote:
Originally Posted by chitta123
Thank you all for the quick and helpful replies.

My current employer has assured me that they will not revoke my LC or I-140. It is a huge company and I think it will stick to its word. It will not have any use for the LC, I-140 anyway as the whole group was laid off and the product moved to India.

So, it seems that if I transfer to company B they will be able to file for an H1 extension beyond 6 years based on I-140 approved with company A. I can then start my GC process with B again while keeping my old priority date.

Once again, all your replies were immensely helpful.

Thanks
Good Luck..Hope to see you often in immigration voice and spread the word about immigration voice.
__________________
Remember, remember always, that all of Americans... are descended from immigrants and revolutionists
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  #20 (permalink)  
Old 02-08-2007, 08:11 PM
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senthil can only hope to improve
Talking sometimes i wonder .....

how people get to know about IV when they are in a situation like this

but the very sad part is, their unableness to realize they are directly / in-direclty into this retro mess already or will be in the near future

donno if i would be like that, if i were one of them. lucky people though.
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  #21 (permalink)  
Old 02-08-2007, 08:24 PM
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Default Makes more sense to call it as transfer

Quote:
Originally Posted by GCSOON-Ihope
: In this case, the only thing you actually "transfer" is ...yourself and nothing else. "

What about time you already spent on H1? With NEW H1 you do not get your time back Also You do not need approval to start working with new employer. There are many differences between new and transfer.
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  #22 (permalink)  
Old 02-08-2007, 08:29 PM
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Quote:
Originally Posted by chitta123
Thank you all for the quick and helpful replies.

My current employer has assured me that they will not revoke my LC or I-140. It is a huge company and I think it will stick to its word. It will not have any use for the LC, I-140 anyway as the whole group was laid off and the product moved to India.

So, it seems that if I transfer to company B they will be able to file for an H1 extension beyond 6 years based on I-140 approved with company A. I can then start my GC process with B again while keeping my old priority date.

Once again, all your replies were immensely helpful.

Thanks
Good Luck, many of us gone thru this but this retro making the things worse.

As mentioned by rb_248 also i am repeating again
What kind of job are you looking for? ( Main skillset )
Where are you located now ??
Are you willing to move ??

Post the details May be someone at IV could help you.

On the side note,
There are lot of debates, bickering , angry , jolly, sad comments in the other threads or say in IV , but when I saw something like this encouraging responses , i feel so happy. Thanks folks.
__________________
-Krishna
"When the going gets tough, the tough get going."
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  #23 (permalink)  
Old 02-08-2007, 10:43 PM
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chitta, What is your skill set and where are you located now?
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  #24 (permalink)  
Old 02-08-2007, 10:45 PM
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chitta123 is on a distinguished road
Default

Quote:
Originally Posted by krishna.ahd
Good Luck, many of us gone thru this but this retro making the things worse.

As mentioned by rb_248 also i am repeating again
What kind of job are you looking for? ( Main skillset )
Where are you located now ??
Are you willing to move ??

Post the details May be someone at IV could help you.

On the side note,
There are lot of debates, bickering , angry , jolly, sad comments in the other threads or say in IV , but when I saw something like this encouraging responses , i feel so happy. Thanks folks.
Thank you and all the others who replied. It has all been very very helpful.

Actually, it is not the job I am worried about. I have already talked to my ex-boss about a position in his company.

The thing which concerns me is the ability extend my H1B beyond 6 years using the I-140 approved with my current employer. My lawyer was saying that it is not possible. But I do not trust him very much. He has often seemed very bookish, before also.

From the replies in this forum and other places, it seems like it is possible. Also, I found this in a USCIS document.

Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.

I am going to talk to another lawyer next week and will post what he says here.
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  #25 (permalink)  
Old 02-09-2007, 12:09 AM
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GCSOON-Ihope is on a distinguished road
Default

Quote:
Originally Posted by n_2006
What about time you already spent on H1? With NEW H1 you do not get your time back Also You do not need approval to start working with new employer. There are many differences between new and transfer.
You are always free to call it the way you want and I perfectly understand the differences between the very first H1 and the next ones you may get.
I myself switched employers several times while on H1B, took advantage of the provisions you described and got a NEW H1 every time.
However, all what I wanted to explain is that legally speaking, there is nothing called transfer (did you read what Murthy said?).
Is there any USCIS application that says "H1 Transfer"? No.
That's all I meant.
Anyway, let's not fight over this!

Last edited by GCSOON-Ihope; 02-09-2007 at 01:11 AM.
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  #26 (permalink)  
Old 02-09-2007, 12:13 AM
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invincibleasian can only hope to improve
Default

Quote:
Originally Posted by GCSOON-Ihope
: THIS IS COMPLETELY WRONG

I already posted this in another thread and I will post it again:


I am wondering when people will understand that H1B Transfer does not exist!
Everytime you want to switch employers, a whole new H1 must be filed.
People are always under the impression that because they already hold an H1, then it is easy to get "transferred" to another company.
In this case, the only thing you actually "transfer" is ...yourself and nothing else. The only advantage of already having an H1 is that you don't have to worry about the quota anymore, you are exempted from it.
Since you have to file a new case, approval can never be guaranteed and it is therefore always risky to switch employers (as soon as the new H1 is filed), without waiting for approval. Tricky stuff...
Check this from Murthy.com:

" Among the questions that often reach us, are those regarding H1B status and changing employers that refer to "transferring" the H1B. This term is frequently used, even by some immigration attorneys. The H1B is not actually "transferred" from one employer to another when an individual changes a job, however. We understand what people mean when they refer to an H1B transfer. We take this opportunity to explain the concept, though. This should help our readers to avoid misunderstandings as to procedure and requirements based upon the mistaken belief that the H1B is somehow transferable from one employer to the next.
©MurthyDotCom
When a person is on an H1B and plans to change employers, what technically is filed with the USCIS is a new H1B petition, reflecting a change in employment, generally with a request to extend H1B status. Again, with the exception of the foreign national employee, there is nothing that transfers from one employer to the other."
I am tired of echoing the same!
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  #27 (permalink)  
Old 02-09-2007, 09:31 AM
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Thumbs up

I agree with refugee. I too was in a similar situation. In today's economy of Green Cards, I have come to recognize that it is BEST to work for a good DESI consulting firm, with whom you can trust, otherwise you have to go through the cycle of layoffs.

I have worked top notch blue chip companies and they laid me off, lost 2 years of my labor cert time Old Labor process, PD of 2001, then a small desi company hired me and then they laid me off, since he was too greedy, again lost my RIR Labor PD of 2003. I never could reach 140stage. Then finally joined a friend's company, now my PERM and I140 is cleared and now waiting in line with PD of 2005.

So please be careful with whom you work for......it may be better not to get a salary versus layoff which messes up your GC completely. I work on a % basis, so all the risk is on me and my friend does not have any obligation if I do not have a project..., yes he helps me get a project too...

Hope you get something good

Hope you get one soon
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  #28 (permalink)  
Old 02-09-2007, 11:17 AM
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Default Don't worry

Quote:
Originally Posted by chitta123
I am in a lot of stress. Please help out if possible.

Six years on my H1B expire in April 2008. I just got laid off from company A. My last day of work will be May 31st. I have LC and I-140 approved with company A.

If I join company B starting June, and transfer my H1B to B, can it extend my H1B beyond 6 years based on the approved I-140 I had with company A? If yes, will it be for one year or three years?

Gurus please help. I will be grateful.

Thanks

Hello Chitta:
Please check the following link from "Immigration.com".
http://boards.immigrationportal.com/...d.php?t=240313

As per it, you can get a 3 yr-extension as long as your existing company doesn't revoke your I-140 (and it wouldn't as you are not leaving on your own). So you should be fine. Good-luck for your next job.
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  #29 (permalink)  
Old 02-28-2007, 02:14 PM
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gdilla is on a distinguished road
Default H1 Layoff - Does severence extend period of stay?

If an H1 gets layed off, how soon must he leave before he is considered illegal status? And for practical purposes, does it matter (ie, is it ever enforced)? Does having severence extend the period (because you're technically still on payroll)?

Canadian, EB3, in 6th year H1, PD nov 04, 140 approved 2/07.
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  #30 (permalink)  
Old 02-28-2007, 02:34 PM
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Default

Quote:
Originally Posted by gdilla
If an H1 gets layed off, how soon must he leave before he is considered illegal status? And for practical purposes, does it matter (ie, is it ever enforced)? Does having severence extend the period (because you're technically still on payroll)?

Canadian, EB3, in 6th year H1, PD nov 04, 140 approved 2/07.
I got different explanations on this from different people and this is my understanding after reading different lawyer/employer opinions and after having gone thru one lay-off:
Technically you have to leave immediately. I am not sure if there is a clear law but lawyers suggest that we have to leave as soon as it is practical. INS/USCIS may be lenient if the time gap after job loss is very short (something like couple weeks). Many people quote a 30 day grace period after losing the job and I asked many lawyers – everyone said that there is no 30 grace period but they also told me that USCIS may be lenient if its less than 30 days and if we can give some reasonable explanation (if and when questions arise at the time of later 485 filing/approving). Does it ever enforced – not sure but its better to be on the cautious side. Severence period does not extend the period. The day we stopped going to office (stopped providing service to employer) is our final day.

Since you are a Canadian you can apply for a visitor visa (B1) – by applying the visa we will be in legal status until a decision is taken. B1 visa is generally approved if you give the reason of finishing up matters in US (like selling house/cars/closing bank accounts/credit accounts etc). I guess you are asking just to be informed but if it really happens another option for you is TN1 – if you have not yet applied for 485.
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