joejaq

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>
> joejaq wrote:
>
> >
> >> Hello all,
> >> Let me share my experience with you. Hope it wud be of some help.
> >> I had applied twice for a B1 visa but was turned down both times
> >> against section 214.
> >> After a year i got a job offer and applied for an H1B visa with an
> >> approved petition but again i was turned down under section 221g.
> >> Now i had 3 application received stamps on my passport.
> >> This i believe was happening because of the previous two b1
> >> refusals
> >> and thought i wud never be able to get the visa but finally after
> >> showing all the documents they had asked for like company tax
> >> returns,
> >> photos etc. i was granted the visa.
> >> Praise the lord.
> >> Thanks,
> >> joe
> >
> > Hi Ingo/All,
> >
> > Thanks a lot for all your replies and suggestions, they were
> > extremely
> > helpful in my case.
> >
> > Finally i had got my visa by the grace of god, but i wasn't called
> > and
> > since have left my employers while still in my home country.
> >
> > I wanted to know, what if a new employer was ready to hire me can he
> > get
> > my visa transfered under the new company's name, please note that i
> > haven't travelled to US ever, although i posses a valid H1B, what
> > possibilities exist under such circumstances ???
>
> A new employer would have to apply for a new H-1B petition for you.
> Since
> the 2005/2006 quota has been exhausted, the earliest that would be
> possible
> is October 1, 2006 (unless you are in one of the special categories
> where
> H-1Bs are still available). Your old H-1B will not help you in that
> respect.
>
> But once you have the new petition from the new employer, you can then
> travel to the US using the old visa (assuming it hasn't expired by
> then, of
> course!) without returning to the consulate.
>
> - --
> Remember, I am strictly a layperson without any legal training. I
> encourage
> everybody to seek competent legal counsel rather than relying on
> usenet
> newsgroups.
>
> Please visit my new FAQ at http://www.kkeane.com (always under
> construction)
>
> My email address in usenet posts is now invalid for spam protection.
> See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
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Thanks for your reply Ingo, but cant understand why another employer
would have to file for a new petition, my visa is valid for another
year (though its issued against the name of my old employer), can't a
new employer just transfer the visa to his company, by filing for an
H1B transfer.

If he goes in for a new petition wont that require a new stamping
altogether ?

Please advice.

Thanks in advance,
-Joe

Ingo Pakleppa (see Web site for email)

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joejaq wrote:

>
> Thanks for your reply Ingo, but cant understand why another employer
> would have to file for a new petition, my visa is valid for another
> year (though its issued against the name of my old employer), can't a
> new employer just transfer the visa to his company, by filing for an
> H1B transfer.

First of all, it is important for you to understand the difference between
visa, status and petition. I'd like to invite you to my FAQ site at
http://www.kkeane.com where I explain these things in more detail.

The *visa* remains valid. But an H-1B visa is absolutely worthless without a
petition from the employer you are actually planning to work for.

Basically, an H-1B transfer is simply an application for a new petition.
And, by the way, the paperwork for a transfer is virtually identical to the
paperwork for the initial H-1B - the only real difference is that the
employer checks a different checkbox, and that a transfer is usually not
subject to the quota.

That last point is critical for you; you actually don't qualify for a
transfer because in order to be eligible, you would have had to work for
the original employer.

> If he goes in for a new petition wont that require a new stamping
> altogether ?

No. The visa is valid with *any* H-1B petition.

- --
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
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joejaq

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> Hash: SHA1
>
> joejaq wrote:
>
> >
> > Thanks for your reply Ingo, but cant understand why another employer
> > would have to file for a new petition, my visa is valid for another
> > year (though its issued against the name of my old employer), can't
> > a
> > new employer just transfer the visa to his company, by filing for an
> > H1B transfer.
>
> First of all, it is important for you to understand the difference
> between
> visa, status and petition. I'd like to invite you to my FAQ site at
> http://www.kkeane.com where I explain these things in more detail.
>
> The *visa* remains valid. But an H-1B visa is absolutely worthless
> without a
> petition from the employer you are actually planning to work for.
>
> Basically, an H-1B transfer is simply an application for a new
> petition.
> And, by the way, the paperwork for a transfer is virtually identical
> to the
> paperwork for the initial H-1B - the only real difference is that the
> employer checks a different checkbox, and that a transfer is usually
> not
> subject to the quota.
>
> That last point is critical for you; you actually don't qualify for a
> transfer because in order to be eligible, you would have had to work
> for
> the original employer.
>
> > If he goes in for a new petition wont that require a new stamping
> > altogether ?
>
> No. The visa is valid with *any* H-1B petition.
>
> - --
> Remember, I am strictly a layperson without any legal training. I
> encourage
> everybody to seek competent legal counsel rather than relying on
> usenet
> newsgroups.
>
> Please visit my new FAQ at http://www.kkeane.com (always under
> construction)
>
> My email address in usenet posts is now invalid for spam protection.
> See
> my Web site for information on how to contact me.
>
> Please feel free to enjoy some of my photographs at my Web site
> http://www.ingopakleppa.com ! Comments are welcome.
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Hi Ingo,

So you mean that the new employer can file for a fresh petition and i
can travel on my old visa ?

Is is possible now keeping in mind that the H1B cap has been filled for
this year ?

I know a petition can't be filed for new stamping but since i already
have the visa, and only the petition is required, can i ask the new
employer to go for premium processing in this year itself ??


Thanks,
Joe

Ingo Pakleppa (see Web site for email)

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joejaq wrote:

> Hi Ingo,
>
> So you mean that the new employer can file for a fresh petition and i
> can travel on my old visa ?

Correct. For travel, you will actually also need the new petition.

> Is is possible now keeping in mind that the H1B cap has been filled for
> this year ?

Offhand, I don't recall if you have ever worked for the first employer. If
not, you would indeed be counted as a new H-1B, and be subject to the
quota.

> I know a petition can't be filed for new stamping but since i already
> have the visa, and only the petition is required, can i ask the new
> employer to go for premium processing in this year itself ??

No. It is actually the petition, not the visa stamp, that is subject to the
quota.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
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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joejaq

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> Hash: SHA1
>
> joejaq wrote:
>
> > Hi Ingo,
> >
> > So you mean that the new employer can file for a fresh petition and
> > i
> > can travel on my old visa ?
>
> Correct. For travel, you will actually also need the new petition.
>
> > Is is possible now keeping in mind that the H1B cap has been filled
> > for
> > this year ?
>
> Offhand, I don't recall if you have ever worked for the first
> employer. If
> not, you would indeed be counted as a new H-1B, and be subject to the
> quota.
>
> > I know a petition can't be filed for new stamping but since i
> > already
> > have the visa, and only the petition is required, can i ask the new
> > employer to go for premium processing in this year itself ??
>
> No. It is actually the petition, not the visa stamp, that is subject
> to the
> quota.
>
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question
> here.
> 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.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (GNU/Linux)
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Hello Ingo,

Thanks for your reply. Had few more queries for you ....

When will they start accepting petitions in 2006 ?

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 ???

Is there any rule that people with fresh petitions will have to wait
till Oct'2006 (for stamping ???) ?

If a fresh H1 stamping is required will my valid H1 create any problem
for me at the US counsulate ??

Just to remind you, i've had 3 denials and 1 H1b approval in 2003-2004
:-(

Awaiting your response

Regards,
Joe

Kevin Keane (see Web site for email)

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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.


- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
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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Joejaq

> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> 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.
> - --
> Please visit my FAQ at http://www.kkeane.com before asking a question
> here.
> 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.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (GNU/Linux)
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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.

But i dont think he went for a fresh H1B application he says this would
be a transfer. Is this possible ??

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 ??

Awaiting your valuable reply.

Warm Regards,
Joe

--

Kevin Keane

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Hash: SHA1

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.
>
>
> --
> Please visit my FAQ at http://www.kkeane.com before asking a question
> here.
> 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.

> 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.

- --
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.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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Joejaq

> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> 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.
> >
> >
> > --
> > Please visit my FAQ at http://www.kkeane.com before asking a
> > question
> > here.
> > 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.
> > 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.
> - --
> 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.
> NOTICE: Due to Presidential Executive Orders, the National Security
> Agency may have read this email without warning, warrant, or notice.
> They may do this without any judicial or legislative oversight. You
> have no recourse nor protection save to call for the impeachment of
> the current President.
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.0 (MingW32)
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Hi Kevin,

But the new employer has given my old petition number while filing for
the transfer, then why cant it be transferred.

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.

Is the I94 or something like that mandatory for transfer. Can you show
me some reference of this rule on the net, a link to rules and
regulation for h1b transfer would be great.

Thanks a lot in advance.

Awaiting your reply

--

Kevin Keane

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

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.

NOTICE: Due to Presidential Executive Orders, the National Security
Agency may have read this email without warning, warrant, or notice.
They may do this without any judicial or legislative oversight. You
have no recourse nor protection save to call for the impeachment of
the current President.
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