nevil1111 Posted May 3, 2015 Report Posted May 3, 2015 Hi There have been some changes in USCIS rules regarding H1 transfer before Oct 1. Can I change my employer before Oct 1 2015? Also since my employer is not sharing my H1 receipt #, is it advisable to put in a FOIA request to get the same.
jairichi Posted May 3, 2015 Report Posted May 3, 2015 You cannot change employer before 1st Oct. Yes, you can file a FOIA to get H1B documents.
pontevecchio Posted May 3, 2015 Report Posted May 3, 2015 Can you reference the changes? Once cap counted one is presumably cap counted. There would seem to be no law or diktat or administrative decision deciding an initial revoked H1 petition nullifies the ability to use a total of 6 years. Obviously in the absence of demonstrable fraud. Maybe a Lawyer would put in his take to help quite a few responders who are interested.
rahul412 Posted May 4, 2015 Report Posted May 4, 2015 http://forum.murthy.com/index.php?/topic/87429-h1b-with-consultancy-or-client/
JoeF Posted May 4, 2015 Report Posted May 4, 2015 Can you reference the changes? Once cap counted one is presumably cap counted. There would seem to be no law or diktat or administrative decision deciding an initial revoked H1 petition nullifies the ability to use a total of 6 years.. Actually, there is. Since last year, USCIS nullifies an H1 when the position doesn't exist before Oct. 1 anymore, as would be the case with a "transfer" before Oct. 1. See, e.g., http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/ "In a May 21, 2014 Teleconference between the American Immigration Lawyers Association (AILA) and USCIS, the agency addresses the issue of withdrawal: If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap." ... meaning: "If Company A’s approved petition is withdrawn before the new petition with Company B is approved, then the individual would no longer be considered “counted” under the cap. The new petition would be denied for filing outside of the H-1B cap window."
nevil1111 Posted July 21, 2015 Author Report Posted July 21, 2015 You cannot change employer before 1st Oct. Yes, you can file a FOIA to get H1B documents. Can I change my employer on Oct 1 while I am in India?
jairichi Posted July 21, 2015 Report Posted July 21, 2015 Can I change my employer on Oct 1 while I am in India? An employer can file a cap exempt H1B petition on or after Oct 1st.
JoeF Posted July 21, 2015 Report Posted July 21, 2015 An employer can file a cap exempt H1B petition on or after Oct 1st. But only if the person has started to work for the original employer.
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