H1B 10月1日前transfer的新信息，附法律条款原文# JobHunting - 待字闺中
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刚看到这个Fragmon partner的讲座slides,对整个H1B申请有不少有用信息，特别Slide
29和30讲解了去年开始USCIS对10月1日前transfer的处理和怎么argue if got a RFE.
http://www.slideshare.net/The_Knowledge_Group/emerging-issues-on-capsubject-h1b-petitions-live-webcast
同时看到了这个关于2014 May 21 AILA与USCIS conference call memo的注解 http://www.employmentimmigration.com/wp-content/uploads/2014/06/Immigration-Alerts-%E2%80%93-June-18th.pdf
相关的一些法律条款原文也找出来贴下面了。我的理解是，10月1日前file H1B
transfer即使被denial,现有H1B不受影响，只要现雇主没withdraw现有H1B。然而，即
使H1B transfer approve了，似乎也需要原雇主不在10月1日前不withdraw,要不然H1B
quota就revoke了。。。
大家怎么看？
http://www.nafsa.org/_/file/_/amresource/8cfr2142h.htm
214.2(h)(8)(ii)(C)
(C) When an approved petition is not used because the beneficiary(ies) does
not apply for admission to the United States, the petitioner shall notify
the Service Center Director who approved the petition that the number(s) has
not been used. The petition shall be revoked pursuant to paragraph (h)(11)(
ii) of this section and USCIS will take into account the unused number
during the appropriate fiscal year.
214.2(h)(11)(ii)
(ii) Automatic revocation. The approval of any petition is automatically
revoked if the petitioner goes out of business or files a written withdrawal
of the petition.
http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/
http://www.lawandsoftware.com/ina/INA-214-sec1184.html
(3) 2 Aliens who are subject to the numerical limitations of paragraph (1)
shall be issued visas (or otherwise provided nonimmigrant status) in the
order in which petitions are filed for such visas or status. If an alien who
was issued a visa or otherwise provided nonimmigrant status and counted
against the numerical limitations of paragraph (1) is found to have been
issued such visa or otherwise provided such status by fraud or willfully
misrepresenting a material fact and such visa or nonimmigrant status is re
voked, then one number shall be restored to the total number of aliens who
may be issued visas or otherwise provided such status under the numerical
limitations of paragraph (1) in the fiscal year in which the petition is
revoked, regardless of the fiscal year in which the petition was approved.
(7) 2 Any alien who has already been counted within the 6 years prior to the
approval of a petition described in subsection (c), toward the numerical
limitations of paragraph (1)(A)shall not again be counted toward those
limitations unless the alien would be eligible for a full 6 years of
authorized admission at the time the petition is filed. Where multiple
petitions are approved for 1 alien, that alien shall be counted only once.
29和30讲解了去年开始USCIS对10月1日前transfer的处理和怎么argue if got a RFE.
http://www.slideshare.net/The_Knowledge_Group/emerging-issues-on-capsubject-h1b-petitions-live-webcast
同时看到了这个关于2014 May 21 AILA与USCIS conference call memo的注解 http://www.employmentimmigration.com/wp-content/uploads/2014/06/Immigration-Alerts-%E2%80%93-June-18th.pdf
相关的一些法律条款原文也找出来贴下面了。我的理解是，10月1日前file H1B
transfer即使被denial,现有H1B不受影响，只要现雇主没withdraw现有H1B。然而，即
使H1B transfer approve了，似乎也需要原雇主不在10月1日前不withdraw,要不然H1B
quota就revoke了。。。
大家怎么看？
http://www.nafsa.org/_/file/_/amresource/8cfr2142h.htm
214.2(h)(8)(ii)(C)
(C) When an approved petition is not used because the beneficiary(ies) does
not apply for admission to the United States, the petitioner shall notify
the Service Center Director who approved the petition that the number(s) has
not been used. The petition shall be revoked pursuant to paragraph (h)(11)(
ii) of this section and USCIS will take into account the unused number
during the appropriate fiscal year.
214.2(h)(11)(ii)
(ii) Automatic revocation. The approval of any petition is automatically
revoked if the petitioner goes out of business or files a written withdrawal
of the petition.
http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/
http://www.lawandsoftware.com/ina/INA-214-sec1184.html
(3) 2 Aliens who are subject to the numerical limitations of paragraph (1)
shall be issued visas (or otherwise provided nonimmigrant status) in the
order in which petitions are filed for such visas or status. If an alien who
was issued a visa or otherwise provided nonimmigrant status and counted
against the numerical limitations of paragraph (1) is found to have been
issued such visa or otherwise provided such status by fraud or willfully
misrepresenting a material fact and such visa or nonimmigrant status is re
voked, then one number shall be restored to the total number of aliens who
may be issued visas or otherwise provided such status under the numerical
limitations of paragraph (1) in the fiscal year in which the petition is
revoked, regardless of the fiscal year in which the petition was approved.
(7) 2 Any alien who has already been counted within the 6 years prior to the
approval of a petition described in subsection (c), toward the numerical
limitations of paragraph (1)(A)shall not again be counted toward those
limitations unless the alien would be eligible for a full 6 years of
authorized admission at the time the petition is filed. Where multiple
petitions are approved for 1 alien, that alien shall be counted only once.
