05-11-2006, 07:45 AM
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#31 (permalink)
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Re: Got H1b after 3 denials
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> joejaq wrote:
> > joejaq wrote:
> >>>> joejaq wrote:
> >>>>>>> Hello Ingo,
> >>>> I'm still the same person, just with a new name...
> >>>>>>> Thanks for your reply. Had few more queries for you ....
> >>>>>>> When will they start accepting petitions in 2006 ?
> >>>> You can always apply six months in advance. For a start date of
> >>>> October 1,
> >>>> this means April 1.
> >>>>>>> There is another point my visa has the annotation of my
> >>>>>>> previous
> >>>>>>> employer ? So assuming if the cap opens in April 2006 and if i
> >>>>>>> go
> >>>>>>> for
> >>>>>>> premium processing will i be able to travel in april itself
> >>>>>>> ???
> >>>> No. The petition will not be valid until October 1.
> >>>>>>> Is there any rule that people with fresh petitions will have
> >>>>>>> to
> >>>>>>> wait
> >>>>>>> till Oct'2006 (for stamping ???) ?
> >>>> Yes, there is. You are only allowed to enter the USA ten days
> >>>> before
> >>>> start
> >>>> of employment.
> >>>> There is no need to get a new visa stamp.
> >>>>>>> If a fresh H1 stamping is required will my valid H1 create any
> >>>>>>> problem
> >>>>>>> for me at the US counsulate ??
> >>>> I don't see why it would.
> >>>> Hi Kevin,
> >>>> Greetings !!
> >>>> A new employer has filed an application for me with the INS for
> >>>> transfer
> >>>> of my visa and has given me a receipt number similar to the
> >>>> petition
> >>>> number i earlier had.
> > The receipt number will become the petition number. It's actually
> > the
> > number of the case.
> >
> >>>> But i dont think he went for a fresh H1B application he says
> >>>> this
> >>>> would
> >>>> be a transfer. Is this possible ??
> > If you are not currently in the USA, no.
> >
> >>>> Is there any way to get the name of the applicant if we have a
> >>>> receipt
> >>>> number ?? We can track the status/date of application but can be
> >>>> get
> >>>> the
> >>>> name of the applicant/benefitiory ??
> > The name of the beneficiary should obviously be you. If it isn't,
> > you
> > would have no business being involved with that case anyway.
> > Hi Kevin,
> > But the new employer has given my old petition number while filing
> > for
> > the transfer, then why cant it be transferred.
> Because a transfer is for people who are already in the USA.
> > The I129 which has been filled out does not ask for any paystubs,
> > then
> > how does it matter whether we are in US or not.
> If you look at the I-129 form, there is actually no check box for
> "transfer" (Part 2, Question 2). There is a check box for "change of
> employer" - that's what's usually called a transfer. But if you aren't
> in the USA, you don't have an employer to change from, so it would be
> "new employment".
> > Is the I94 or something like that mandatory for transfer.
> Effectively, yes (actually, that is a simplification, but good enough
> for the answer to this question).
> > Can you show
> > me some reference of this rule on the net, a link to rules and
> > regulation for h1b transfer would be great.
> The USCIS Web site has all the rules and regulations, but I think
> simply
> looking at the form will answer your question.
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question.
> It may answer your question. Remember, I am strictly a layperson
> without
> any legal training. I encourage the reader to seek competent legal
> counsel rather than relying on usenet newsgroups.
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Hi Kevin,
My petition for transfer has been approved, without ever being to US.
What do you think about that ? Can i now travel with my existing visa
and the approved petition ???
Thanks
Joe
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