请问大家送中年女教授的香水那种好# Fashion - 美丽时尚
d*4
1 楼
楼主前两天还在纠结 h1b vs 更好的工作的问题
http://www.mitbbs.com/article_t0/JobHunting/32963833.html
经过版里筒子一顿教训，楼主知错了。。H1B的确来之不易。。楼主也想好了，先保H1B
为重。
没想到今天又有新进展！！
新公司的HR打电话来说，他们有可能说服律师帮楼主transfer H1B！但有一个前提：无
论denial还是approval，都必须选择新公司了，i.e.，不能说transfer denial的话还
想回旧公司。
现在楼主想跟大家分享一下最近搜索到的所有关于10月之前transfer的信息。也求大家
知道的信息和input！
1. 楼主给至少15个移民律师打过电话，大概一半说可以，一半说不行。说不行的律师
大多提到了移民局最近的新规定新理解，就是10月之前的transfer不能exempt from
cap。而在2014年之前都是可以的。
2. 在所有说可以的律师里面，楼主选择了张大钦律师进行深入交谈并做了500刀的付费
咨询。楼主问了10个关于H1B transfer before Oct 1st的问题，而且是非常细节的问
题。比如说最近移民局的新规定或新理解怎么看，没有2 pay stub怎么办等等。张律师
做了非常详细的解答。总之张律师认为transfer没问题。详细问答贴在文末。
另外，张律师还说去年他们律所做了一个H1B transfer before Oct 1st， approval了
没有任何问题。
3. 请看immigration girl关于H1B transfer before Oct 1st的讨论：
http://immigrationgirl.com/caution-ahead-new-interpretation-may
大家注意细节的话会发现这个贴子一开始是2014年八月发出来的。一开始immigration
girl警告说十月之前transfer可能会被RFE。但是大家注意10月6号她又发了一个update
，说transfer成功！这里我再copy&paste一下：
*******Update 10/6/14**********
We have received approval of a new change of status from F-1 to H-1B filed
before October 1st with a new employer. We cited the 06/19/2001 Cronin Memo
stating that because the worker has been counted once toward the FY2015
numerical limit and is the beneficiary of an approved petition, he is exempt
from the H-1B cap. There was an RFE on the case, but it did not raise the
issue of cap exemption.
大家注意在她的case里面她引用了一个cronin memo作为证据，表明即使十月之前也是
已经has been counted once的。
这个cronin memo楼主也找到了，见这里（第四页）：
http://www.uscis.gov/sites/default/files/files/pressrelease/ac2
基于以上这些信息，希望大家给些意见。有的律师说如果transfer，不仅可能被denial
，而且连之前有的H1B也可能被revoke，所以是双重风险。但有的律师又说没有风险。
不知道小伙伴们有什么别的信息没？谢谢了！
附10个问题和10个答案（by Daqin Zhang）（这可是500刀买的哦！现在分享给大家）
1. I have an approved H1B from company A, but haven't started working for
them yet. Now I have a new job offer and want go to company B. Do I have to
wait until Oct 1st to file the H1B transfer? If not, why?
No. You have been counted into the quota and you can transfer that quota
into a new H1B petition filed by the new employer prior to October 1, as
long as the previous employer does not revoke the H1B before October 1.
2. Recent evidence suggests that USCIS has followed a new interpretation
which might prohibit H1B workers (who have obtained approved H1B) from
changing employers before Oct 1st. The H1B application filed by the new
employer will still be considered as "subject to cap" because the original
H1B has never been activated. Do you think this is an issue? If not, could
you provide a detailed explanation?
I am not aware of this so-called new interpretation.
Based on an USCIS Service Center Operations Directorate (SCOPS) and American
Immigration Lawyers Association (AILA) Teleconference Agenda dated May 21,
2014, this question was posed:
If a petition counted under the cap is subsequently withdrawn, is the
beneficiary no longer considered to have been counted? In WAC1404950868, CSC
indicated that the beneficiary of an H-1B petition that was approved but
then revoked prior to the start of the fiscal year is not considered exempt
for subsequent H-1B petitions. Is this correct, and if yes, would the
response be different if the petition was revoked after the beginning of the
fiscal year.
In response to the above question, USCIS indicated that if an H-1B approval
is revoked before the beneficiary can be considered in H-1B status, i.e.
before October 1 of the given year or if the beneficiary does consular
processing, prior to using the petition to apply for a visa/admission, then
the beneficiary would NOT be considered under the cap. Please refer to the
attached AILA/SCOPS Teleconference Agenda Notes from AILA Committee.
Thus, you have been counted into the quota and occupy a slot as long as the
employer does not revoke it prior to October 1.
3. Can you give an estimate on the probability of approval for filing H1B
transfer before Oct 1st (specific to my case). You can answer in term of
percentages, or in terms of "absolutely-certain", "most-likely", "likely", "
possible" or "not-likely".
Assuming that your previous employer does not revoke your H1B before October
1, I don’t worry the transferability of your H1B quota. Assuming that your
H1B meets the “specialty occupation” and prevailing wage requirements,
your new H1B petition should have very high chance to be approved if the
petition is represented by a competent and experienced immigration attorney.
4. Since I haven't started working for company A yet, I do not have 2 pay-
stubs which might be required for the H1B transfer. What is your opinion on
this? If you think it's not required, why?
Requiring pay stubs or not depends on the circumstance. If you extend H1B
status from an active H1B employment to another H1B employment, you need to
submit pay stubs to show that you are now in valid H1B status.
In your case, you are changing from opt to H1B. Even for your new H1B
petition, you are changing status from OPT to H1B. According to USCIS’s
Student and Exchange Visitor Program Policy Guidance 1004-03 regarding OPT,
under Section 7.2.1, unpaid employment qualifies as one type of employment
allowed for regular pre- and post-completion OPT. The guidance states: “A
student may work as a volunteer or unpaid intern, where this practice does
not violate any labor laws. The work must be at least 20 hours per week for
a student on post-completion OPT. A student must be able to provide
evidence acquired from the student’s employer to verify that the student
worked at least 20 hours per week during the period of employment.” (See p
. 17 – 18 of attached SEVP Policy Guidance 1004-03.) Thus, a person can
have valid OPT status by engaging in voluntary unpaid job, and you do not
have to present pay stubs to prove your valid OPT status. A person may have
up to three months unemployment during OPT term.
“H1B transfer” is a misleading concept. H1B status cannot transfer and
does not need to transfer. It is the quota (slot in the quota system)
that you have occupied, which will be transferred into the new H1B petition.
5. Is it true that USCIS does not have a clear cut rule or policy on this
type of applications? Is it possible that different immigration officers may
have different opinions on the exact same case?
USCIS is pretty clear on quota transferability. Even before you actually
working for the new employer, even before October 1, you can transfer the
quota you have successfully claimed, as long as your H1B approval has not
been revoked by the previous employer.
6. For filing H1B transfer before Oct 1st, is there any different approach/
strategy/tactic we should take, as compared to H1B transfer in the normal
case? Is there any further explanation we should make to increase the chance
for approval?
No need for particular explanation or emphasis. Just include a copy of the
H1B approval notice, and the USCIS will honor that for you.
7. Should there be any difference in writing the petition letter for H1B
transfer before Oct 1st, as compared to the normal case? If yes, in what way?
No need for extended discussion on this. You can mention that you have
been counted into the quota once, provide them the case number, and they
will be able to find out and honor your request to transfer the quota.
8. Should there be any difference in describing the proposed job duties for
H1B transfer before Oct 1st, as compared to the normal case? If yes, in what
way?
No special requirements on this.
9. Should there be any difference in describing the beneficiary's present
occupation and summary of prior work experience for H1B transfer before Oct
1st, as compared to the normal case? If yes, in what way?
No special requirements. Just tell the truth, only the truth.
10. If our H1B transfer application (filed by the new company) is denied,
would we suffer from the risk that USCIS might revisit the approved H1B
application from company A (the original company) and possible revoke the
approved H1B (the original H1B). How likely is such risk?
No such risk. H1B petition is based on a “prospective job offer”. H1B
positions are at-will employment. The employer or the employee can
terminate the job at any time for any reason or no reason at all. The
employer certainly can withdraw a job offer. No fraud issue at all.
Usually, if there is no fraud finding or conviction, the USCIS would not
take initiative to revoke a case.
http://www.mitbbs.com/article_t0/JobHunting/32963833.html
经过版里筒子一顿教训，楼主知错了。。H1B的确来之不易。。楼主也想好了，先保H1B
为重。
没想到今天又有新进展！！
新公司的HR打电话来说，他们有可能说服律师帮楼主transfer H1B！但有一个前提：无
论denial还是approval，都必须选择新公司了，i.e.，不能说transfer denial的话还
想回旧公司。
现在楼主想跟大家分享一下最近搜索到的所有关于10月之前transfer的信息。也求大家
知道的信息和input！
1. 楼主给至少15个移民律师打过电话，大概一半说可以，一半说不行。说不行的律师
大多提到了移民局最近的新规定新理解，就是10月之前的transfer不能exempt from
cap。而在2014年之前都是可以的。
2. 在所有说可以的律师里面，楼主选择了张大钦律师进行深入交谈并做了500刀的付费
咨询。楼主问了10个关于H1B transfer before Oct 1st的问题，而且是非常细节的问
题。比如说最近移民局的新规定或新理解怎么看，没有2 pay stub怎么办等等。张律师
做了非常详细的解答。总之张律师认为transfer没问题。详细问答贴在文末。
另外，张律师还说去年他们律所做了一个H1B transfer before Oct 1st， approval了
没有任何问题。
3. 请看immigration girl关于H1B transfer before Oct 1st的讨论：
http://immigrationgirl.com/caution-ahead-new-interpretation-may
大家注意细节的话会发现这个贴子一开始是2014年八月发出来的。一开始immigration
girl警告说十月之前transfer可能会被RFE。但是大家注意10月6号她又发了一个update
，说transfer成功！这里我再copy&paste一下：
*******Update 10/6/14**********
We have received approval of a new change of status from F-1 to H-1B filed
before October 1st with a new employer. We cited the 06/19/2001 Cronin Memo
stating that because the worker has been counted once toward the FY2015
numerical limit and is the beneficiary of an approved petition, he is exempt
from the H-1B cap. There was an RFE on the case, but it did not raise the
issue of cap exemption.
大家注意在她的case里面她引用了一个cronin memo作为证据，表明即使十月之前也是
已经has been counted once的。
这个cronin memo楼主也找到了，见这里（第四页）：
http://www.uscis.gov/sites/default/files/files/pressrelease/ac2
基于以上这些信息，希望大家给些意见。有的律师说如果transfer，不仅可能被denial
，而且连之前有的H1B也可能被revoke，所以是双重风险。但有的律师又说没有风险。
不知道小伙伴们有什么别的信息没？谢谢了！
附10个问题和10个答案（by Daqin Zhang）（这可是500刀买的哦！现在分享给大家）
1. I have an approved H1B from company A, but haven't started working for
them yet. Now I have a new job offer and want go to company B. Do I have to
wait until Oct 1st to file the H1B transfer? If not, why?
No. You have been counted into the quota and you can transfer that quota
into a new H1B petition filed by the new employer prior to October 1, as
long as the previous employer does not revoke the H1B before October 1.
2. Recent evidence suggests that USCIS has followed a new interpretation
which might prohibit H1B workers (who have obtained approved H1B) from
changing employers before Oct 1st. The H1B application filed by the new
employer will still be considered as "subject to cap" because the original
H1B has never been activated. Do you think this is an issue? If not, could
you provide a detailed explanation?
I am not aware of this so-called new interpretation.
Based on an USCIS Service Center Operations Directorate (SCOPS) and American
Immigration Lawyers Association (AILA) Teleconference Agenda dated May 21,
2014, this question was posed:
If a petition counted under the cap is subsequently withdrawn, is the
beneficiary no longer considered to have been counted? In WAC1404950868, CSC
indicated that the beneficiary of an H-1B petition that was approved but
then revoked prior to the start of the fiscal year is not considered exempt
for subsequent H-1B petitions. Is this correct, and if yes, would the
response be different if the petition was revoked after the beginning of the
fiscal year.
In response to the above question, USCIS indicated that if an H-1B approval
is revoked before the beneficiary can be considered in H-1B status, i.e.
before October 1 of the given year or if the beneficiary does consular
processing, prior to using the petition to apply for a visa/admission, then
the beneficiary would NOT be considered under the cap. Please refer to the
attached AILA/SCOPS Teleconference Agenda Notes from AILA Committee.
Thus, you have been counted into the quota and occupy a slot as long as the
employer does not revoke it prior to October 1.
3. Can you give an estimate on the probability of approval for filing H1B
transfer before Oct 1st (specific to my case). You can answer in term of
percentages, or in terms of "absolutely-certain", "most-likely", "likely", "
possible" or "not-likely".
Assuming that your previous employer does not revoke your H1B before October
1, I don’t worry the transferability of your H1B quota. Assuming that your
H1B meets the “specialty occupation” and prevailing wage requirements,
your new H1B petition should have very high chance to be approved if the
petition is represented by a competent and experienced immigration attorney.
4. Since I haven't started working for company A yet, I do not have 2 pay-
stubs which might be required for the H1B transfer. What is your opinion on
this? If you think it's not required, why?
Requiring pay stubs or not depends on the circumstance. If you extend H1B
status from an active H1B employment to another H1B employment, you need to
submit pay stubs to show that you are now in valid H1B status.
In your case, you are changing from opt to H1B. Even for your new H1B
petition, you are changing status from OPT to H1B. According to USCIS’s
Student and Exchange Visitor Program Policy Guidance 1004-03 regarding OPT,
under Section 7.2.1, unpaid employment qualifies as one type of employment
allowed for regular pre- and post-completion OPT. The guidance states: “A
student may work as a volunteer or unpaid intern, where this practice does
not violate any labor laws. The work must be at least 20 hours per week for
a student on post-completion OPT. A student must be able to provide
evidence acquired from the student’s employer to verify that the student
worked at least 20 hours per week during the period of employment.” (See p
. 17 – 18 of attached SEVP Policy Guidance 1004-03.) Thus, a person can
have valid OPT status by engaging in voluntary unpaid job, and you do not
have to present pay stubs to prove your valid OPT status. A person may have
up to three months unemployment during OPT term.
“H1B transfer” is a misleading concept. H1B status cannot transfer and
does not need to transfer. It is the quota (slot in the quota system)
that you have occupied, which will be transferred into the new H1B petition.
5. Is it true that USCIS does not have a clear cut rule or policy on this
type of applications? Is it possible that different immigration officers may
have different opinions on the exact same case?
USCIS is pretty clear on quota transferability. Even before you actually
working for the new employer, even before October 1, you can transfer the
quota you have successfully claimed, as long as your H1B approval has not
been revoked by the previous employer.
6. For filing H1B transfer before Oct 1st, is there any different approach/
strategy/tactic we should take, as compared to H1B transfer in the normal
case? Is there any further explanation we should make to increase the chance
for approval?
No need for particular explanation or emphasis. Just include a copy of the
H1B approval notice, and the USCIS will honor that for you.
7. Should there be any difference in writing the petition letter for H1B
transfer before Oct 1st, as compared to the normal case? If yes, in what way?
No need for extended discussion on this. You can mention that you have
been counted into the quota once, provide them the case number, and they
will be able to find out and honor your request to transfer the quota.
8. Should there be any difference in describing the proposed job duties for
H1B transfer before Oct 1st, as compared to the normal case? If yes, in what
way?
No special requirements on this.
9. Should there be any difference in describing the beneficiary's present
occupation and summary of prior work experience for H1B transfer before Oct
1st, as compared to the normal case? If yes, in what way?
No special requirements. Just tell the truth, only the truth.
10. If our H1B transfer application (filed by the new company) is denied,
would we suffer from the risk that USCIS might revisit the approved H1B
application from company A (the original company) and possible revoke the
approved H1B (the original H1B). How likely is such risk?
No such risk. H1B petition is based on a “prospective job offer”. H1B
positions are at-will employment. The employer or the employee can
terminate the job at any time for any reason or no reason at all. The
employer certainly can withdraw a job offer. No fraud issue at all.
Usually, if there is no fraud finding or conviction, the USCIS would not
take initiative to revoke a case.
