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Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.

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Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.

Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?

Regards


see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.

http://immigrationvoice.org/forum/showthread.php?t=24555&page=9

Thanks for responding !!!

LostInGC,
Why did you use AP if you had a valid H1-b?

Because I did not have H1 Visa...just H1 document. I went on a very short trip to India and I didn't want to make trips to Chennai consulate and who knows if I got stuck with some kind of verifications...or other delays...Thats why I opted for AP.

I just like to add that if your wife is not making enough money, then you have to find someone who can provide affidavit of support along with the filing of green card for you.

1. You are entitled to file adjustment of status application.
2. Affidavit of support is required for anyone who files green card application.

Good luck.

You want to keep your 140 intact for 2 reasons:

1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

First, about 1:

There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

About 2:

If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

About preventing 140 from being revoked:

I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.

Hello All,

I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?

Thanks.

neither do I...

:::::evil:::::

I'll be there and will try to bring friends.

U definitely and and will :)

Nowhere did I say I am not sure. In fact I am as sure as it can get :)

The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.

For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.

Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.

If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.

Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.

IMO it looks like USCIS is trying to find some reason to deny an H1B petition. Fragomen doesn't have the guts to defend their clients before USCIS since they underwent some investigation.
They are just trying to play safe.

when the primary appliant is approved ( H1B in this case ), the dependant application ( H4 ) will also get approved. atleast it happened my case couple of times. thanks.

I filed in last week of June but have still not issued receipts. There are many like me. At the same time, some July 2 filers have receipts.

The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.

The only thing that can help us is a legislative fix. Please help IV help ourselves!


Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.


NO FIFO whatsoever.

They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.

Have you contributed to the MILLION dollar drive? Please visit the funding thread!

Yes. This is really useful. So when they say same are similar occupation. It does not really matter whether you are business analysts, systems analyst, configuration analyst, web-developer, architect, PM so long as it is in computer field as all these occupation codes start with 15-?????.

http://www.onetcodeconnector.org/ccreport/15-1051.00

I think there is lots of flexibility in changing jobs. I dont know why ppl talk about not taking promotions and stuck in the same job. AC21 clearly says that it should be in the same or similar occupation classification.

Any thougts?

Are you sure about Advance Parole stamp in a passport. I know about Green Card approval stamp in a passport but not AP. Have you ever had that AP stamp experience?

I have printed the banners (they will go up on all the Indian stores that I can find).

I have sent out an email to all my friends who are on work permits.

Where is the presence of other guys? how many of them responded to "the country of birth" poll? People of other nations doesn't suffer as much as people of India.

This is my first time too coming across such a rfe. I really dont know if this kind of rfe was issued before.I called USCIS but as always they are saying send all the docs mentioned in rfe. My attorney is saying we will send them originals and transcripts. Dont know exaclty if they are doing an educational evaluation.Would like to see any attorneys suggestion on how to deal with this.

Call the USCISor take infopass appointment and check whether Notary signature would be suffient for them to process your application

How does it work? It doesn't work anymore :D

Labor substitution is dead.

Beware of anyone scamming you in name of labor sub...

No place for the selfish - and for those lazy people expecting others to do it for them

AMERICA IS FOR THE BRAVE,
WORLD IS FOR THE BRAVE

NO ROOM FOR SELFISH
NO ROOM FOR COWARDS
NO ROOM FOR LAZY

My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.

We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.