How to switch from Cap-Exempt H-1B To Cap-Subject H-1B?
Nonimmigrant Visas
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The URL for the channel is:
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Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.
1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again?
6. Can I start working with new employer while continuing my current employment?
1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.
2. No.
3. Do not have the employer file an H-1B unless there is a specific project.
4. Yes that is still accurate.
5. The answer is yes, because you are carrying your priority date forward.
6. If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Release Date
U.S. Citizenship and Immigration Services announced updated guidance for adjudicating requests for P-1A nonimmigrant classification for internationally recognized athletes.
Release Date
H-1B Initial Electronic Registration Selection Process Completed
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As stated by "Indian Express" :
A proposal that will hit Indian IT companies the most, US software giant Microsoft Corporation has suggested a whopping fee of USD 10,000 (over Rs 5 lakh) for a new category of H-1B visas and USD 15,000 (more than Rs 7.5 lakh) for permanent residency or Green card.
This could raise a huge USD5 billion over a decade, it said.
Secretary of Homeland Security Janet Napolitano has extended Haiti’s Temporary Protected Status (TPS). Next week, the Department of Homeland Security will publish a notice in the Federal Register announcing this decision.
The Federal Register notice will provide additional guidance on:
The Department, in anticipation of the enactment of H.J.Res 117, which prohibits the Department from expending funds to implement the 2011 H-2B Wage Rule for the duration of that Continuing Resolution, will publish in the Federal Register a Final Rule extending the effective date of the 2011 Wage Rule to March 27, 2013.The Final Rule is posted on the Federal Register's web site September 28, 2012 and it is accessible here.
The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2012 selected statistics for the:
Myself and my husband had our interview yesterday in Atlanta USCIS office (2nd floor). Appointment for both of us was at 9:45 am. We were there about 30 mins early and submitted our interview letters at the counter and waited. The waiting area was crowded.
News about the meeting arranged by Mr. Rao and other friends of TVU students have started coming in. Good job Naveen, Shashi and others involved in bringing this about.
See http://www.fullhyderabad.com/hyderab...l-officer-3906
Also, all students, keep updating your information so we can hand it over to the authorities to understand the problems we are facing:
Once again, the United States of America has shown its ugly face to the defenseless TVU students. I will give you this that the "United" States are highly fractured when it comes to immigration enforcement. The TVU handling shows that there is no coherent central directive on policy. Within the same office (for instance, in New Jersey), two officers realize the appropriate context and act moderately, while a third officer goes around ranting and raving and focusing the "full might of the US government" upon those who can do little against him. The buck must stop at the White House.
*USCIS wants to notify customers and stakeholders that some work that USCIS performs at the four USCIS service centers (Vermont, Nebraska, Texas and California) will be transferred to a Field Office or the National Benefits Center (NBC) in order to balance the overall workload with processing capacity. The chart below summarizes these changes.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) launched a Spanish-language version of I-9 Central, an online resource center designed to provide information and assistance related to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification.
Canadian TN Nonimmigrants
On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant.
With respect to the TN classification, USCIS currently only accepts Form I-129 in connection with a request to extend a TN nonimmigrant’s stay or to change a nonimmigrant’s status to TN.
Mr. Khanna is very focused, and gives very accurate information. He is very flexible and warm person. It was great experience working with him and his staff. I greatly appreciate it!!
These videos are a part of series of Continuing Legal Educaion seminars delivered by Rajiv to various lawyers' groups. These provide an overview of how immigration law affects lawyers, business owners, HR and others in the work environment. If you would like us to provide informational conversation to your group, please contact us.
What is ability to pay wages and how do employers prove to the USCIS that they have the ability?
At the I-140 stage, USCIS requires documentation that the employer can afford the employee's proffered wage and will be able to continue doing so in the foreseeable future. In this regard, employers must prove that: (1) the employer’s taxable income is equal to or greater than the proffered wage; or (2) the employer's net current assets are equal to or greater than the proffered wage; or (3) credible verifiable evidence that the employer is not only employing the beneficiary but also has paid, or is currently paying, the proffered wage.
AAO Processing Times as of October 1, 2012 |
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Time |
Case Type |
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I - 129 CW |
Thank you Mr. Rajiv and his team for a prompt and supportive guidance on the whole H-1B Visa process. The team is knowlegeable, meticulous and helpful. They worked on the case keeping my interests in mind and at the same time going by the rules for a smooth visa processing. Mr Rajiv took out time to answer my questions and as well as Anna and Fran were very quick and responsive in any kind of communication that was needed from the start till the Visa was approved and also after that if I had any questions. I did not need to worry about anything during the process. I really appreciate the work they did, the support they gave and highly recommend their services for any kind of legal guidance needed.
U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:
Program Details
Analyst Reviews : August 2 2012
Audits : February 29 2012
Reconsideration Requests to the CO : December 1 , 2011
Gov't Error Reconsiderations : Current
For immigration need, so far I have got prompt help whenever I ask for. Thank you very much Heather, Mark and Attorney Rajiv.