t******o
发帖数: 135 | 1 A little bit complicated, thanks for the patience and help!
Case:
1. My wife had her PERM/I-140 approved in Company A, with PD on 2/1/2008;
2. She joined Company B last year and also had her new PERM/I-140 approved
this year;
3. She was just laid off by Company B (but can work through 9/30/2011), and
her 6-year H1B will expire on 5/15/2012 (8 months);
4. She got a offer from Company C who will start to transfer her H1B in next
week
Question:
Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
is she out of status?
Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
first while waiting for Company C's H1B transfer's result? I am on H1B.
Q3: If we do H4 and H1B transfer at the same time, I am a little worried
about she having two visa status (Company B H1B and H4), is that a problem?
Q4: Since she had I-140 approved from Company A more than 180 days, when
Company C initiates the H1B transfer, can she get 3 years extension
automatically? What documents should we provide to Company C to support the
3 year extension? (Please be noted she has only 8 months left on the
original 6-year H1B and her PD is 2/1/2008, not current yet.)
Q5: If everything goes okay and Company C initiates the new PERM/I-140 for
her later, and her PD is carried over -- what about her PD (2/1/2008) get
current and she doesn't apply for I-485? Or there is no problem she can
apply I-140/485 together when she get the PERM approved, as long as her PD
is still current?
Thanks for the help! |
B*****g
发帖数: 34098 | 2 Q1 depends when C can file transfer
Q2 if C is not too slow, no need
Q3 if C is not too slow, no need
Q4 yes, I-140 aprroval notice.
Q5 file new perm/140 asap.
发月饼
and
next
【在 t******o 的大作中提到】
: A little bit complicated, thanks for the patience and help!
: Case:
: 1. My wife had her PERM/I-140 approved in Company A, with PD on 2/1/2008;
: 2. She joined Company B last year and also had her new PERM/I-140 approved
: this year;
: 3. She was just laid off by Company B (but can work through 9/30/2011), and
: her 6-year H1B will expire on 5/15/2012 (8 months);
: 4. She got a offer from Company C who will start to transfer her H1B in next
: week
: Question:
|
t******o
发帖数: 135 | 3 Thanks for your reply, let me make more clear: Company C will file transfer
next week (around 9/22/2011), most likely premium process. Hope this will
not change the answers.
Again, thank you for your time!
【在 B*****g 的大作中提到】
: Q1 depends when C can file transfer
: Q2 if C is not too slow, no need
: Q3 if C is not too slow, no need
: Q4 yes, I-140 aprroval notice.
: Q5 file new perm/140 asap.
: 发月饼
:
: and
: next
|
j*******e
发帖数: 154 | 4 Once company C got the receipt of your wife's H1B transfer, she can start to
work in C, no need to wait for the H1B approval. |
B*****g
发帖数: 34098 | 5 no change
transfer
【在 t******o 的大作中提到】
: Thanks for your reply, let me make more clear: Company C will file transfer
: next week (around 9/22/2011), most likely premium process. Hope this will
: not change the answers.
: Again, thank you for your time!
|
t******o
发帖数: 135 | |
g********n
发帖数: 4054 | 7 once 公司C file H1b transfer到移民局用overnight mail 就可以了。不用PP（加快）。
start
to
【在 j*******e 的大作中提到】
: Once company C got the receipt of your wife's H1B transfer, she can start to
: work in C, no need to wait for the H1B approval.
|
t******o
发帖数: 135 | 8 Thank you all for the help!
A follow up question: My wife's new employee's HR said the company can
transfer her H1B only if the firm are willing to start her GC process right
away. This complicates the situation because the new firm's management need
to approve the instant GC process with budget concern, and that might
jeopardize the offer itself.
We are quite confused by this: Why the new firm relates H1B transfer issue
with initiating GC right away?
Q1: As in my original post, my wife is in EB2 with PD 2/1/2008, it might
take another 6-8 months to get current. Does she has to submit a new PERM
from the new firm BEFORE her PD get current?
Q2. My wife's 6-year H1B expires on 5/1/2012 (7 months from now), does her
firm have to submit the perm BEFORE her 6-year H1B expires? I thought her
original/approved I-140 will extend her H1B to another 3 years when doing
the transfer.
Again, we appreciate your thoughts and look forward to hearing from you! |
a***n
发帖数: 665 | 9 this is right - my wife did this quite a few times
to
【在 j*******e 的大作中提到】
: Once company C got the receipt of your wife's H1B transfer, she can start to
: work in C, no need to wait for the H1B approval.
|
q****x
发帖数: 7404 | 10 很牛的老婆。
and
next
【在 t******o 的大作中提到】
: A little bit complicated, thanks for the patience and help!
: Case:
: 1. My wife had her PERM/I-140 approved in Company A, with PD on 2/1/2008;
: 2. She joined Company B last year and also had her new PERM/I-140 approved
: this year;
: 3. She was just laid off by Company B (but can work through 9/30/2011), and
: her 6-year H1B will expire on 5/15/2012 (8 months);
: 4. She got a offer from Company C who will start to transfer her H1B in next
: week
: Question:
|
|
|
t******o
发帖数: 135 | 11 Update: The new firm finally sent the offer today. They will initiate the
H1B transfer soon. Thanks for all the helps we received from here!
Her current company they will terminite her employment on 9/30/2011. Then
can she take 1 week off (10/3 - 10/5) during the new H1B transfer?
We knew she can start her new job right after the new firm submit the H1B
transfer and get a USCIS receipt. I am more concerned about if she takes 1
week off, there is no pay during that week, is this going to be a issue (out
of status)?
I don't want to make my wife as a money maker, just want to be sure it's
legally correct :-)
Thanks! |
d*****s
发帖数: 1407 | |
t******o
发帖数: 135 | 13 最新进展：
老婆现在公司H1B的最后一天是9月30日。新公司打算给她办H1B Transfer. 但我们担心
两周内公司来不及把材料寄给USCIS，如果收不到USCIS的RECEIPT就无法为新公司工作
。为避免发生两个H1B之间的GAP，我们考虑同时申请H4。但就又担心在H4等待的时候
H1B Transfer被批准，然后H4再被批准就OVERWRITE H1B.... 好头疼。
请问这种情况应当怎么处理？当收到H1B transfer批准之后是怎么处理还在PENDING中
的H4? 听说不能简单的WITHDRAW H4，因为那样的话会产生两家H1B之间的GAP....另外
我们打算H1B transfer 用premium process. 律师讲H4不能用premium process, 大概
需要3-4个月才能批准。
我们现在挺着急的，谢谢回复。 |
D*****I
发帖数: 8268 | 14 你现在让律师pp h1b transfer uscis还来的及啊
【在 t******o 的大作中提到】
: 最新进展：
: 老婆现在公司H1B的最后一天是9月30日。新公司打算给她办H1B Transfer. 但我们担心
: 两周内公司来不及把材料寄给USCIS，如果收不到USCIS的RECEIPT就无法为新公司工作
: 。为避免发生两个H1B之间的GAP，我们考虑同时申请H4。但就又担心在H4等待的时候
: H1B Transfer被批准，然后H4再被批准就OVERWRITE H1B.... 好头疼。
: 请问这种情况应当怎么处理？当收到H1B transfer批准之后是怎么处理还在PENDING中
: 的H4? 听说不能简单的WITHDRAW H4，因为那样的话会产生两家H1B之间的GAP....另外
: 我们打算H1B transfer 用premium process. 律师讲H4不能用premium process, 大概
: 需要3-4个月才能批准。
: 我们现在挺着急的，谢谢回复。
|
M*******t
发帖数: 513 | 15 在本月底寄出新的申请,
拿到RECEIPT就可以开始工作了 |
t******o
发帖数: 135 | 16 谢谢答复。我们的资料下周一公司(9月19日）人事才能收到，然后要经他们的律师做
CASE,打广告（还需要么？这个职位在他们公司网站上已近有近一个月了），拿LCA和
Prevailing wage，然后才能递交给USCIS，我们很担心两周不能来的及递交到USCIS...
... |
t******o
发帖数: 135 | 17 这是我从别人那儿看到的h1b transfer过程，看来需要至少一个月才能递交H1B
transfer 给USCIS.... 惨！
从律师转过来的办H1B transfer or apply过程,
1. Review file and contact foreign national
2.Confirm all documents received
3.Forward posting notice to company contact
4. Confirm notice posted by company contact
5. Obtain Prevailing Wage and submit LCA to DOL
6. Receive Certified LCA
7. Prepare forms & send to client for signature
8. Receive signed forms from client
9. Review all documents and assemble petition
10. File with USCIS
11. Log Receipt and inform client
12. Receive H-1B Approval
如果是没办过H1B的， 第3到第4项要一到两个星期， 因为要把职位贴在公司5（7？）
个工作日， 以便内部人申请， 经常做H1B的公司， 这个职位一直贴在公司，所以1-2
天就可以了。5项如果没经验或工资不够Prevailing Wage, 公司要讨论给你加工资或换
titl， 又要一些时间；LCA要7-10个工作日, 所以快的话办H1B transfer or apply也
要差不多一个月.没经验或办事拖拉的律师和雇主就要2-3 个月才可以 |
n***s
发帖数: 10056 | 18 1-5, 7 can be done in one to two days. you don't need to wait for 4 to
finish.
6 is unknown.
【在 t******o 的大作中提到】
: 这是我从别人那儿看到的h1b transfer过程，看来需要至少一个月才能递交H1B
: transfer 给USCIS.... 惨！
: 从律师转过来的办H1B transfer or apply过程,
: 1. Review file and contact foreign national
: 2.Confirm all documents received
: 3.Forward posting notice to company contact
: 4. Confirm notice posted by company contact
: 5. Obtain Prevailing Wage and submit LCA to DOL
: 6. Receive Certified LCA
: 7. Prepare forms & send to client for signature
|
a****g
发帖数: 295 | 19 哪有这么慢。 我几年前h1b transfer就花了10 天不到，下家又催的急，搞得我周五从
上家下班，下周一就去下家上班去了。ft. 勤催着点律师和hr就是了。
【在 t******o 的大作中提到】
: 这是我从别人那儿看到的h1b transfer过程，看来需要至少一个月才能递交H1B
: transfer 给USCIS.... 惨！
: 从律师转过来的办H1B transfer or apply过程,
: 1. Review file and contact foreign national
: 2.Confirm all documents received
: 3.Forward posting notice to company contact
: 4. Confirm notice posted by company contact
: 5. Obtain Prevailing Wage and submit LCA to DOL
: 6. Receive Certified LCA
: 7. Prepare forms & send to client for signature
|
a**********t
发帖数: 9684 | 20 你老婆没有severance package么？叫原来公司照两周一次像付pay check一样打到她账
上，不是就可以充作她还在原来公司上班么？
【在 t******o 的大作中提到】
: 这是我从别人那儿看到的h1b transfer过程，看来需要至少一个月才能递交H1B
: transfer 给USCIS.... 惨！
: 从律师转过来的办H1B transfer or apply过程,
: 1. Review file and contact foreign national
: 2.Confirm all documents received
: 3.Forward posting notice to company contact
: 4. Confirm notice posted by company contact
: 5. Obtain Prevailing Wage and submit LCA to DOL
: 6. Receive Certified LCA
: 7. Prepare forms & send to client for signature
|
|
|
t******o
发帖数: 135 | 21 A little bit complicated, thanks for the patience and help!
Case:
1. My wife had her PERM/I-140 approved in Company A, with PD on 2/1/2008;
2. She joined Company B last year and also had her new PERM/I-140 approved
this year;
3. She was just laid off by Company B (but can work through 9/30/2011), and
her 6-year H1B will expire on 5/15/2012 (8 months);
4. She got a offer from Company C who will start to transfer her H1B in next
week
Question:
Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
is she out of status?
Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
first while waiting for Company C's H1B transfer's result? I am on H1B.
Q3: If we do H4 and H1B transfer at the same time, I am a little worried
about she having two visa status (Company B H1B and H4), is that a problem?
Q4: Since she had I-140 approved from Company A more than 180 days, when
Company C initiates the H1B transfer, can she get 3 years extension
automatically? What documents should we provide to Company C to support the
3 year extension? (Please be noted she has only 8 months left on the
original 6-year H1B and her PD is 2/1/2008, not current yet.)
Q5: If everything goes okay and Company C initiates the new PERM/I-140 for
her later, and her PD is carried over -- what about her PD (2/1/2008) get
current and she doesn't apply for I-485? Or there is no problem she can
apply I-140/485 together when she get the PERM approved, as long as her PD
is still current?
Thanks for the help! |
B*****g
发帖数: 34098 | 22 Q1 depends when C can file transfer
Q2 if C is not too slow, no need
Q3 if C is not too slow, no need
Q4 yes, I-140 aprroval notice.
Q5 file new perm/140 asap.
发月饼
and
next
【在 t******o 的大作中提到】
: A little bit complicated, thanks for the patience and help!
: Case:
: 1. My wife had her PERM/I-140 approved in Company A, with PD on 2/1/2008;
: 2. She joined Company B last year and also had her new PERM/I-140 approved
: this year;
: 3. She was just laid off by Company B (but can work through 9/30/2011), and
: her 6-year H1B will expire on 5/15/2012 (8 months);
: 4. She got a offer from Company C who will start to transfer her H1B in next
: week
: Question:
|
t******o
发帖数: 135 | 23 Thanks for your reply, let me make more clear: Company C will file transfer
next week (around 9/22/2011), most likely premium process. Hope this will
not change the answers.
Again, thank you for your time!
【在 B*****g 的大作中提到】
: Q1 depends when C can file transfer
: Q2 if C is not too slow, no need
: Q3 if C is not too slow, no need
: Q4 yes, I-140 aprroval notice.
: Q5 file new perm/140 asap.
: 发月饼
:
: and
: next
|
j*******e
发帖数: 154 | 24 Once company C got the receipt of your wife's H1B transfer, she can start to
work in C, no need to wait for the H1B approval. |
B*****g
发帖数: 34098 | 25 no change
transfer
【在 t******o 的大作中提到】
: Thanks for your reply, let me make more clear: Company C will file transfer
: next week (around 9/22/2011), most likely premium process. Hope this will
: not change the answers.
: Again, thank you for your time!
|
t******o
发帖数: 135 | |
g********n
发帖数: 4054 | 27 once 公司C file H1b transfer到移民局用overnight mail 就可以了。不用PP（加快）。
start
to
【在 j*******e 的大作中提到】
: Once company C got the receipt of your wife's H1B transfer, she can start to
: work in C, no need to wait for the H1B approval.
|
t******o
发帖数: 135 | 28 Thank you all for the help!
A follow up question: My wife's new employee's HR said the company can
transfer her H1B only if the firm are willing to start her GC process right
away. This complicates the situation because the new firm's management need
to approve the instant GC process with budget concern, and that might
jeopardize the offer itself.
We are quite confused by this: Why the new firm relates H1B transfer issue
with initiating GC right away?
Q1: As in my original post, my wife is in EB2 with PD 2/1/2008, it might
take another 6-8 months to get current. Does she has to submit a new PERM
from the new firm BEFORE her PD get current?
Q2. My wife's 6-year H1B expires on 5/1/2012 (7 months from now), does her
firm have to submit the perm BEFORE her 6-year H1B expires? I thought her
original/approved I-140 will extend her H1B to another 3 years when doing
the transfer.
Again, we appreciate your thoughts and look forward to hearing from you! |
a***n
发帖数: 665 | 29 this is right - my wife did this quite a few times
to
【在 j*******e 的大作中提到】
: Once company C got the receipt of your wife's H1B transfer, she can start to
: work in C, no need to wait for the H1B approval.
|
q****x
发帖数: 7404 | 30 很牛的老婆。
and
next
【在 t******o 的大作中提到】
: A little bit complicated, thanks for the patience and help!
: Case:
: 1. My wife had her PERM/I-140 approved in Company A, with PD on 2/1/2008;
: 2. She joined Company B last year and also had her new PERM/I-140 approved
: this year;
: 3. She was just laid off by Company B (but can work through 9/30/2011), and
: her 6-year H1B will expire on 5/15/2012 (8 months);
: 4. She got a offer from Company C who will start to transfer her H1B in next
: week
: Question:
|
|
|
t******o
发帖数: 135 | 31 Update: The new firm finally sent the offer today. They will initiate the
H1B transfer soon. Thanks for all the helps we received from here!
Her current company they will terminite her employment on 9/30/2011. Then
can she take 1 week off (10/3 - 10/5) during the new H1B transfer?
We knew she can start her new job right after the new firm submit the H1B
transfer and get a USCIS receipt. I am more concerned about if she takes 1
week off, there is no pay during that week, is this going to be a issue (out
of status)?
I don't want to make my wife as a money maker, just want to be sure it's
legally correct :-)
Thanks! |
d*****s
发帖数: 1407 | |
t******o
发帖数: 135 | 33 最新进展：
老婆现在公司H1B的最后一天是9月30日。新公司打算给她办H1B Transfer. 但我们担心
两周内公司来不及把材料寄给USCIS，如果收不到USCIS的RECEIPT就无法为新公司工作
。为避免发生两个H1B之间的GAP，我们考虑同时申请H4。但就又担心在H4等待的时候
H1B Transfer被批准，然后H4再被批准就OVERWRITE H1B.... 好头疼。
请问这种情况应当怎么处理？当收到H1B transfer批准之后是怎么处理还在PENDING中
的H4? 听说不能简单的WITHDRAW H4，因为那样的话会产生两家H1B之间的GAP....另外
我们打算H1B transfer 用premium process. 律师讲H4不能用premium process, 大概
需要3-4个月才能批准。
我们现在挺着急的，谢谢回复。 |
D*****I
发帖数: 8268 | 34 你现在让律师pp h1b transfer uscis还来的及啊
【在 t******o 的大作中提到】
: 最新进展：
: 老婆现在公司H1B的最后一天是9月30日。新公司打算给她办H1B Transfer. 但我们担心
: 两周内公司来不及把材料寄给USCIS，如果收不到USCIS的RECEIPT就无法为新公司工作
: 。为避免发生两个H1B之间的GAP，我们考虑同时申请H4。但就又担心在H4等待的时候
: H1B Transfer被批准，然后H4再被批准就OVERWRITE H1B.... 好头疼。
: 请问这种情况应当怎么处理？当收到H1B transfer批准之后是怎么处理还在PENDING中
: 的H4? 听说不能简单的WITHDRAW H4，因为那样的话会产生两家H1B之间的GAP....另外
: 我们打算H1B transfer 用premium process. 律师讲H4不能用premium process, 大概
: 需要3-4个月才能批准。
: 我们现在挺着急的，谢谢回复。
|
M*******t
发帖数: 513 | 35 在本月底寄出新的申请,
拿到RECEIPT就可以开始工作了 |
t******o
发帖数: 135 | 36 谢谢答复。我们的资料下周一公司(9月19日）人事才能收到，然后要经他们的律师做
CASE,打广告（还需要么？这个职位在他们公司网站上已近有近一个月了），拿LCA和
Prevailing wage，然后才能递交给USCIS，我们很担心两周不能来的及递交到USCIS...
... |
t******o
发帖数: 135 | 37 这是我从别人那儿看到的h1b transfer过程，看来需要至少一个月才能递交H1B
transfer 给USCIS.... 惨！
从律师转过来的办H1B transfer or apply过程,
1. Review file and contact foreign national
2.Confirm all documents received
3.Forward posting notice to company contact
4. Confirm notice posted by company contact
5. Obtain Prevailing Wage and submit LCA to DOL
6. Receive Certified LCA
7. Prepare forms & send to client for signature
8. Receive signed forms from client
9. Review all documents and assemble petition
10. File with USCIS
11. Log Receipt and inform client
12. Receive H-1B Approval
如果是没办过H1B的， 第3到第4项要一到两个星期， 因为要把职位贴在公司5（7？）
个工作日， 以便内部人申请， 经常做H1B的公司， 这个职位一直贴在公司，所以1-2
天就可以了。5项如果没经验或工资不够Prevailing Wage, 公司要讨论给你加工资或换
titl， 又要一些时间；LCA要7-10个工作日, 所以快的话办H1B transfer or apply也
要差不多一个月.没经验或办事拖拉的律师和雇主就要2-3 个月才可以 |
n***s
发帖数: 10056 | 38 1-5, 7 can be done in one to two days. you don't need to wait for 4 to
finish.
6 is unknown.
【在 t******o 的大作中提到】
: 这是我从别人那儿看到的h1b transfer过程，看来需要至少一个月才能递交H1B
: transfer 给USCIS.... 惨！
: 从律师转过来的办H1B transfer or apply过程,
: 1. Review file and contact foreign national
: 2.Confirm all documents received
: 3.Forward posting notice to company contact
: 4. Confirm notice posted by company contact
: 5. Obtain Prevailing Wage and submit LCA to DOL
: 6. Receive Certified LCA
: 7. Prepare forms & send to client for signature
|
a****g
发帖数: 295 | 39 哪有这么慢。 我几年前h1b transfer就花了10 天不到，下家又催的急，搞得我周五从
上家下班，下周一就去下家上班去了。ft. 勤催着点律师和hr就是了。
【在 t******o 的大作中提到】
: 这是我从别人那儿看到的h1b transfer过程，看来需要至少一个月才能递交H1B
: transfer 给USCIS.... 惨！
: 从律师转过来的办H1B transfer or apply过程,
: 1. Review file and contact foreign national
: 2.Confirm all documents received
: 3.Forward posting notice to company contact
: 4. Confirm notice posted by company contact
: 5. Obtain Prevailing Wage and submit LCA to DOL
: 6. Receive Certified LCA
: 7. Prepare forms & send to client for signature
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a**********t
发帖数: 9684 | 40 你老婆没有severance package么？叫原来公司照两周一次像付pay check一样打到她账
上，不是就可以充作她还在原来公司上班么？
【在 t******o 的大作中提到】
: 这是我从别人那儿看到的h1b transfer过程，看来需要至少一个月才能递交H1B
: transfer 给USCIS.... 惨！
: 从律师转过来的办H1B transfer or apply过程,
: 1. Review file and contact foreign national
: 2.Confirm all documents received
: 3.Forward posting notice to company contact
: 4. Confirm notice posted by company contact
: 5. Obtain Prevailing Wage and submit LCA to DOL
: 6. Receive Certified LCA
: 7. Prepare forms & send to client for signature
|
|
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t******o
发帖数: 135 | 41 Thanks for your reply, may I ask you another question?
My wife's company lawyer initiated her H1B transfer last month through
REGULAR processing, till now we haven't got the approval notice yet. When we
submitted the H1B transfer in October, her PD wasn't current.
This week her PD gets current (Her PD is Feb 2008), so I am concerned about
her H1B approval after I-140 approval.
As I heard, the condition for the 3-yr H1B extension with I-140 approval is
the applicant's PD is not current. For my wife's case, if her PD gets
current right now, what will be the H1B extension? Her 6-year H1B will end
in May 2012.
Does it help right now to expedite the H1B approval with express processing?
Thanks a lot! |
s*******e
发帖数: 3042 | 42 I remember in one MEMO from USCIS, it is determined by the time of receipt.
If at the time of receipt her PD was not current, she will get 3 year
extension.
Even in the worst case scenario (they treat her case as PD being current
when adjudicating her H1B petition), she still can get 1 year extension. No
worries.
we
about
is
【在 t******o 的大作中提到】
: Thanks for your reply, may I ask you another question?
: My wife's company lawyer initiated her H1B transfer last month through
: REGULAR processing, till now we haven't got the approval notice yet. When we
: submitted the H1B transfer in October, her PD wasn't current.
: This week her PD gets current (Her PD is Feb 2008), so I am concerned about
: her H1B approval after I-140 approval.
: As I heard, the condition for the 3-yr H1B extension with I-140 approval is
: the applicant's PD is not current. For my wife's case, if her PD gets
: current right now, what will be the H1B extension? Her 6-year H1B will end
: in May 2012.
|
