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Member Profile: rightsreserved (27 posts)

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Hello, I'm rightsreserved (report this user)
I am from India
I last logged in on 31 May 2016
I have been a member since 23 Jul 2013
I have added 27 posts in trackitt forums
I added my last post on 31 May 2016
rightsreserved's Posts
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Posted in H-1B Forum on 24 Apr 2014
Topic: H1B Transfer FAQ

I applied for my H1B transfer in the summer of 2013. Later came to know that there is nothing like transfer, It's just a new application.
Below are a few FAQs that i collected during my research.
H-1B Transfer Questions:
1) Can a person with an H1B visa transfer/change jobs?
Yes, the uscis must be notified of any change in one’s employment status.

2) Questions:
a. Before I apply for an H1 transfer with my new employer, do I have to inform my current employer?
b. If I don’t tell them, is there any way for them to know?
c. DO I have to take permissions of my current employer?
You don’t have to tell your current employer and there is no way for them to know about this transfer from any government agency such as USCIS, DOl etc., However, be careful of your colleagues with whom you might have discussed about this and consider whether they may tell your employer. You don’t need any permission from your current employer for an H1B transfer.
3) Once I get an H1 transfer, is there any time limit to join new employer?
No, legally there is no time limit to join and you can join at any time as decided by you and your new employer and work up to the expiration of LCA

4) Is there any limit to how many times I can apply for an H1 transfer?
No, you can apply as many times as you want.

5) Can I apply for an H1 transfer for multiple employers at the same time?
Yes

6) I have an H1 visa stamp from my old employer and now, I have received an H1 approval for a new employer. Do I have to again get an H1 visa stamped in my passport for my new employer?
H1 Visa Status and H1 Visa Stamp are two separate things.
H1 Visa Stamp is required to travel into the U.S
H1 Visa Status is required to work in the U.S for the petitioning employer.
If you have received H1 approval for the new employer (or even a receipt for H1 filing for the new employer), you can work in the US on H1 legally for the new employer.
If you travel outside the U.S., and if your H1 visa stamp (even from your old employer) is still not expired and valid, you can still use that H1 visa stamp along with H1 petition from new employer to travel back into U.S.,.
However, if your H1 visa stamp has expired (either from previous or current employer), you must get your H1 visa stamped in your passport before you can travel to the united states again.

7) I have been working with employer X on H1B and applied for an H1 transfer through employer Y. After the transfer is approved, if I change my mind and decide to continue to work with current employer X, can I do that?
Yes, You can continue working with your current employer as if you never filed an H1 transfer.

8) For an H1 transfer, how many pay stubs are required from the previous employer?
Last 2 or 3 pay stubs should be enough.

9) I am working for Employer A-> Mid vendor B-> Client C. Can I join client C?
If you have a non-compete agreement worded in such a way that you cannot join any of the employer’s chain, you cannot join C. Otherwise, it is fine.

10) I signed a contract saying I will be with my employer for X months, I have a great offer now, can quit? After all bonds are not valid in the U.S right?
This is a labor law question not an immigration question. The contract you and your employer signed is enforceable and signing such contract does not qualify it as the bonded labor. Your employer may be able to collect the liquidated damages which is enforceable in court. Generally, small employers use it as a scare tactic to avoid attrition. You should talk to a labor law attorney regarding your case specifics.

11) Can I transfer my H1B before October 1 to a different employer? I already have the H1B approved.
Yes, it is possible to file for an H1B transfer before October 1st without Paystubs from the first employer. All you need is a confirmation of your H1B approval. This can be done outside the U.S as well as while in the U.S

12) I am currently in the U.S on an H1B. I don’t have any paystubs since Oct 1st. Can I transfer to a new employer?
If the transfer petition is filed immediately in the first few weeks on entry in the U.S, there were a couple of instances of USCIS approving the transfers in the past but however, it is not a guarantee that it can be the same case again and risks associated with it are huge. USCIS is cracking down on benching situations. For all practical purposes, if you are on an H1B, you need to be getting paid and need the paystubs for the H1B transfer.

13) Can an H1B that was approved and never used be transferred from outside the country?
A transfer is nothing but a new H1B application that is not subject to the cap. If you have proof of prior approval (like the copy of I797 or a receipt number), a new employer can transfer the H1B even if you have not entered into U.S.

14) I am employed by company A on an H1B, got a new offer from company B and filed for a transfer, Which is still pending. Now, I have an offer from company C that I want to join. Do I have to wait for approval from company B to transfer to Company C?
No. You can file for a transfer using Company A I797 approval, last few pay stubs, Company B receipt, Paystubs from B and get a transfer approved to Company C. It is legal and possible as long as you are in valid status. In order to get a bridged H1 approved, it must qualify as an extension of stay. Therefore, each link in the bridge must be approved in order for an H1B transfer filed later to be approved. If the person’s H1B status expires while the various H1B petitions are pending, any denial of one in the string of H1B extensions will break the bridge and the later case(s) will not be approved as H1B extension(s) of status.

15) If successive H1B portability petitions can be filed, what happens if an alien’s nonimmigrant status expires while the H-1B portability petitions are pending and a petition in the bridge is denied?
As mentioned above, to be approved every H1B portability petition must separately meet the requirements for H1B classification and for an extension of stay. In the event the alien’s nonimmigrant status has expired while the petitions are pending, the denial of any filing in the string of extension of stay and/or change of status filings undercuts the bridge that carried any petition filed after the expiration of any approved status which will result in the denial of the successive requests to extend or change status.

16) I have an H1 visa from one company right now in my passport but I am in my own home country currently and not working for them. Can I travel to the U.S using that H1 Visa stamp to search for a new employer by doing an H1 transfer?
No.

17) Is H1 transfer subject to cap?
No
I don't like this postI like this post
Posted in H-1B Forum on 16 Oct 2013
Topic: H1B Premimum Processing Clock Stopped??

Ok, you're right your question is simple and is more clear to me now.

So, to answer your question, No, it does not mention anything about elapsed time since there is no such concept, well, technically.

See the way it works is, when the status says clock stopped for whatever reason and then the next time whenever it says that it is resumed, it would say clock is restarted so by definition it means that the 15-day period has restarted so whatever time that had passed before the clock stopped is reset when the clock is restarted but it is not that bad since USCIS and the officer who is handling the case do make sure to mind the initial time period and still be able to keep up with the original 15-day time periods which is exactly what happened with my case even though i was nervous that it would not happen that way.

Look at previous update from today which says clock restarted. this is a generic status message when a case is reopened from the status of clock stopped.

Does that answer your question?
I don't like this postI like this post
Posted in H-1B Forum on 16 Oct 2013
Topic: H1B Premimum Processing Clock Stopped??

Thanks a lot.

I think to your question, i can say that yes, before it said clock stopped for the first time in my case, it said initial review and then it said clock stopped.

and Yes, when it said clock stopped for the second time and since this time it was after the RFE response, it first said initial review restarted and then it stayed in that status for 1 day and then today in the morning it said clock stopped and a few hours later the decision status was posted.

Does that help?
I don't like this postI like this post
Posted in H-1B Forum on 16 Oct 2013
Topic: H1B Premimum Processing Clock Stopped??

Update 10/16 12:15 PM

Good News !! My case status shows that my application was approved.

Following is the update on my case status:
Decision

On October 16, 2013, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

Yay !!!

Thanks everyone was immense support and patience.
I don't like this postI like this post
Posted in H-1B Forum on 16 Oct 2013
Topic: H1B Premimum Processing Clock Stopped??

Update 10/16 10:00 AM

The following status was posted on my case this morning. It looks like the clock stopped again.

I am really hoping this is not another RFE since the message looks exactly similar to the time there was an RFE.

I am still waiting to hear from my lawyer on what could this mean? Still stressed, anxious but still patient.

Initial Review

On October 16, 2013, the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER. A notice was sent on this date explaining the specific reason for stopping the premium processing of your case. This notice will contain detailed information on further action required by you. Your premium processing receipt notice contains contact information for direct inquiries on your case.
I don't like this postI like this post
Posted in H-1B Forum on 15 Oct 2013
Topic: H1B Premimum Processing Clock Stopped??

That is for sure not clear about what's going on?

I mean i would guess that IF there was an issue or an RFE to be specific then they would just stop the clock but pushing it to an acceptance status makes me think that may be it could be that it was approved and its just a confusing status but i may be wrong.

I am not sure if your case is similar to what me and leadensky have been dealing with. My case is a bit different since its a transfer and they put a RFE asking for the employee-employer relationship proof and other documents.

Is your case a transfer or a new H1 application? (i know there is nothing like transfer and its all new)

Just wanted to know

Thanks
I don't like this postI like this post
Posted in H-1B Forum on 15 Oct 2013
Topic: H1B Premimum Processing Clock Stopped??

Update : 10/15 1:30 PM

Following was posted to the case status updates online:
Initial Review
On October 15, 2013, the 15-day premium processing clock for your I129, PETITION FOR A NONIMMIGRANT WORKER was restarted. You will be contacted by the office that is processing your case when a decision is made or additional information or action is needed. Please check our website at www.uscis.gov for further updates on your case. Your premium processing receipt notice contains contact information for direct inquiries on your case.
I don't like this postI like this post
Posted in H-1B Forum on 14 Oct 2013
Topic: H1B Premimum Processing Clock Stopped??

to leadensky:

BTW

The RFE was about right of control. we resubmitted all supporting documents with updated dates and everything else.

Waiting at the moment .. Anxious, confused but still patient.

Could you please let me know on a question that i have? If something goes wrong, can i still go back to my old employer? He has not cancelled my H1 with his company yet.

Please let me know

Thanks
I don't like this postI like this post
Posted in H-1B Forum on 14 Oct 2013
Topic: H1B Premimum Processing Clock Stopped??

Hi,

RFE response sent on 10/10 .. USCIS received it on 10/11 .. RFE response deadline was 10/14 .. Still waiting on online status to update .. Any suggestions?
I don't like this postI like this post
Posted in H-1B Forum on 29 Jul 2013
Topic: H1B Premimum Processing Clock Stopped??

I am following up on mine .. Online status remains unchanged .. I am trying to get in touch with my lawyer this AM .. I have been already informed that the current status is an RFE but i don't have the exact details yet .. Will update soon ..

In regards to the RFE concern on your case, Isn't your employer's lawyer supposed to mention that you are working onsite and their full time employee .. I thought that was something very basic .. It is obvious that the USCIS had this question because there is a whole another set of required documents if the employee is offsite or coming onsite from a offsite location .. and probably that was the reason for this RFE since they didnt see those additional documents .. Dig in a bit deeper and get more details .. I will update on my status as soon as i can ..

Thanks ..
I don't like this postI like this post
Posted in H-1B Forum on 27 Jul 2013
Topic: H1B Premimum Processing Clock Stopped??

Nothing yet. .. There is no change in the online status. .. The lawyer doesnt have any update either. ..
I don't like this postI like this post
Posted in H-1B Forum on 24 Jul 2013
Topic: H1B Premimum Processing Clock Stopped??

Same here .. Lawyer didn't receive anything yet .. Somebody told me that sometimes you need to wait until the 10-day mark to see the status actually updating and to receive any updates or communication .. do you think so?
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Posted in H-1B Forum on 24 Jul 2013
Topic: H1B Premimum Processing Clock Stopped??

Any updates?
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Posted in H-1B Forum on 24 Jul 2013
Topic: Receiving RFE - Good or Bad?

I think for someone who is dealing with this for the first time, it is a very difficult situation to deal with especially since they cant really bother the attorneys about this but still would like to know what could happen since at the moment it is somewhat a fear factor for them .. and sometimes is a big deal for them ..

I would like to request people to add suggestions to such new people so that they could get enough information in order to get a properly informed state of mind when dealing with such things with their applications.

Thanks.
I don't like this postI like this post
Posted in H-1B Forum on 24 Jul 2013
Topic: Receiving RFE - Good or Bad?

I would like to request some experienced people on this forum to share their opinions and experiences in dealing with applications that have had an RFE issued. What are the realities and what are the myths about RFE's in real life?

This would help those who have no prior idea about this and also help people know more about this specific topic.
I don't like this postI like this post
Posted in H-1B Forum on 23 Jul 2013
Topic: H1B Premimum Processing Clock Stopped??

Good for you ..

I think my new employer is pretty good one too .. but my experience with them has not been that long so I cant really say anything but its good that you are quite confident about your new employer ..

Well, I think your lawyer is correct about the accuracy of online statuses .. they are sometimes not completely definitive and accurate .. I read the same on many forums ..

Friday is the day .. Just gotta wait for it I guess ..
I don't like this postI like this post
Posted in H-1B Forum on 23 Jul 2013
Topic: H1B Premimum Processing Clock Stopped??

Ok .. Have you asked your lawyer about this yet? .. Did they have any answer whether it means rfe or just some status?

the reason I ask is because I am not sure if mine is sure himself .. and your answer could probably help me better understand things here cuz I am really tensed over this ..
I don't like this postI like this post
Posted in H-1B Forum on 23 Jul 2013
Topic: H1B Premimum Processing Clock Stopped??

I think its the same for me as well .. Friday the 26th should be the 15th day for me too .. you said your application was received on 12th and you were pretty much waiting since Friday the 12th .. correct?
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Posted in H-1B Forum on 23 Jul 2013
Topic: H1B Premimum Processing Clock Stopped??

"So you called USCIS? And they told you the status?"
No .. I did not call USCIS .. I spoke to my lawyer and he said that it is a RFE and he is waiting for the details in mail ..

I am kinda not sure if he himself is even sure that it is a rfe .. because I was the one who called him and told him about the status update .. I asked him If he got an email .. he did not answer about that in response to my email to him ..

"Also, I think for premium process, USCIS is supposed to use e-mail or fax to update the status, right? why did they send you the status by mail?"
No, They did not send me any email .. they actually don't .. any communication is directed only to the lawyer .. 100% ..

I am with the Vermont center for my application ..

I am really confused and kinda depressed about the rfe .. and even the lawyer is not sure .. this is what you get of hiring a confused lawyer .. he confuses you as well .. unfortunately he is the company laywer of my new employer ..

Any suggestions? Is this "possible rfe" a bad sign or something?
I don't like this postI like this post
Posted in H-1B Forum on 23 Jul 2013
Topic: H1B Premimum Processing Clock Stopped??

It turned out to be a rfe. .. Is this a bad sign and hjust waiting to turn into a denial? My lawyer is still waiting to get the details in mail. ..
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