H1b Transfer之间的GAP被放宽了 - 未名空间MITBBS历史存档

H1b Transfer之间的GAP被放宽了# JobHunting - 待字闺中

p*c2009-02-26 08:02

1 楼

http://www.laborimmigration.com/2009/02/clarification-on-h-1b-transfer-after-layoff/
基本上说,当中有GAP没什么大问题. H1B TRANSFER是一定会被APPROVE的,如果GAP实在
太大,最多就是让你境外激活. 但是大的政策是,对GAP都予以通融.
Our article was prompted by a Vermont Service Center (VSC) AILA Liaison guidance and has generated a fair amount of interest and comments.
Work Allowed While H-1B Transfer Pending Even if There is a Gap in Employment
Just this week, VSC’s AILA Liaison provides some clarifications which, in these difficult economic times, provi

p*c2009-02-26 08:02

2 楼

http://www.laborimmigration.com/2009/02/clarification-on-h-1b-t
基本上说,当中有GAP没什么大问题. H1B TRANSFER是一定会被APPROVE的,如果GAP实在
太大,最多就是让你境外激活. 但是大的政策是,对GAP都予以通融.
Our article was prompted by a Vermont Service Center (VSC) AILA Liaison guidance and has generated a fair amount of interest and comments.
Work Allowed While H-1B Transfer Pending Even if There is a Gap in Employment
Just this week, VSC’s AILA Liaison provides some clarifications which, in these difficult economic times, provide a fair amount of relief to terminated H-1B workers. Our article, and the previous guidance from VSC, indicated that in order to be eligible to “port” to a new H-1B employer, the new H-1B petition must be filed before termination or before the old petition is revoked or withdrawn by the old employer.
However, if the H-1B portability criteria are met, then the foreign national would be eligible to work pursuant to H-1B portability upon filing the H-1B transfer application even if s/he was not eligible for an extension or change of status. The H-1B portability criteria are: (1) the foreign national was lawfully admitted; (2) the new H-1B petition is “nonfrivolous;” (3) the new H-1B petition was filed before the date of expiration of period of authorized stay (as described on the I-94 card); and (4) subsequent to lawful admission, the foreign national has not been employed without authorization. (INA § 214(n))
For example, if an H-1B employee is terminated on February 1, and her employer requests revocation of her H-1B on February 1, then the H-1B status is automatically revoked pursuant to 8 C.F.R. § 214.2(h)(11)(ii). However, the foreign national remains in the U.S. and finds a job on March 1 and the new employer files a new, non-frivolous H-1B petition on her behalf. Since the foreign national was lawfully admitted, the petition is non-frivolous, the I-94 was not expired, and she has not worked without authorization between February 1 and March 1, then the foreign national is eligible to start work under INA § 214(n).
Scenarios Upon Approval of Pending H-1B Transfer Application
The foreign national is eligible to work until the petition is adjudicated. Once the H-1B petition is approved, this “interim” authorization to work ceases, and one of two things can happen. One, USCIS will use its discretion and approve an extension of status and the employee will continue to be able to work for the new sponsoring employer. Or, two, USCIS will deny the extension of status request and the employee will have to depart the U.S., and either obtain an H-1B visa at a U.S. consulate, or, if she already has a valid H-1B visa from her former employer, she will simply need to depart the U.S. and, upon re-entry, present her old visa with the new I-797 and continue working.
Conclusion
The guidance from VSC makes it easy for employees to understand their options in the event their H-1B employment is terminated. Working for the new H-1B employer while the application is pending allows an employee to continue to receive income especially when there is a period of unemployment between the old H-1B employment and the new one. However, it should be noted that it is possible that USCIS may decline to “forgive” the period of unemployment between the two H-1B jobs and as a result the foreign national will have to travel outside of the U.S.

g*n2009-02-26 08:02

3 楼

up

l*a2009-02-26 08:02

4 楼

给个摘要吧
中间下岗半年也算GAP?

guidance and has generated a fair amount of interest and comments.
Employment
these difficult economic times, provide a fair amount of relief to
terminated H-1B workers. Our article, and the previous guidance from VSC,
indicated that in order to be eligible to “port” to a new H-1B employer,
the new H-1B petition must be filed before termination or before the old
petition is revoked or withdrawn by the old employer.
national would be eligible to work pursuant to H-1B portability upon filing
the H-1B transfer application even if s/he was not eligible for an extension
or change of status. The H-1B portability criteria are: (1) the foreign
national was lawfully admitted; (2) the new H-1B petition is “nonfrivolous;
” (3) the new H-1B petition was filed before the date of expiration of
period of authorized stay (as described on the I-94 card);: and (4)
subsequent to lawful admission, the foreign national has not been employed
without authorization. (INA § 214(n))
employer requests revocation of her H-1B on February 1, then the H-1B status
is automatically revoked pursuant to 8 C.F.R. § 214.2(h)(11)(ii). However
, the foreign national remains in the U.S. and finds a job on March 1 and
the new employer files a new, non-frivolous H-1B petition on her behalf.
Since the foreign national was lawfully admitted, the petition is non-
frivolous, the I-94 was not expired, and she has not worked: without
authorization between February 1 and March 1, then the foreign national is
eligible to start work under INA § 214(n).

【在 p*c 的大作中提到】

: http://www.laborimmigration.com/2009/02/clarification-on-h-1b-t
: 基本上说,当中有GAP没什么大问题. H1B TRANSFER是一定会被APPROVE的,如果GAP实在
: 太大,最多就是让你境外激活. 但是大的政策是,对GAP都予以通融.
: Our article was prompted by a Vermont Service Center (VSC) AILA Liaison guidance and has generated a fair amount of interest and comments.
: Work Allowed While H-1B Transfer Pending Even if There is a Gap in Employment
: Just this week, VSC’s AILA Liaison provides some clarifications which, in these difficult economic times, provide a fair amount of relief to terminated H-1B workers. Our article, and the previous guidance from VSC, indicated that in order to be eligible to “port” to a new H-1B employer, the new H-1B petition must be filed before termination or before the old petition is revoked or withdrawn by the old employer.
: However, if the H-1B portability criteria are met, then the foreign national would be eligible to work pursuant to H-1B portability upon filing the H-1B transfer application even if s/he was not eligible for an extension or change of status. The H-1B portability criteria are: (1) the foreign national was lawfully admitted; (2) the new H-1B petition is “nonfrivolous;” (3) the new H-1B petition was filed before the date of expiration of period of authorized stay (as described on the I-94 card); and (4) subsequent to lawful admission, the foreign national has not been employed without authorization. (INA § 214(n))
: For example, if an H-1B employee is terminated on February 1, and her employer requests revocation of her H-1B on February 1, then the H-1B status is automatically revoked pursuant to 8 C.F.R. § 214.2(h)(11)(ii). However, the foreign national remains in the U.S. and finds a job on March 1 and the new employer files a new, non-frivolous H-1B petition on her behalf. Since the foreign national was lawfully admitted, the petition is non-frivolous, the I-94 was not expired, and she has not worked without authorization between February 1 and March 1, then the foreign national is eligible to start work under INA § 214(n).
: Scenarios Upon Approval of Pending H-1B Transfer Application
: The foreign national is eligible to work until the petition is adjudicated. Once the H-1B petition is approved, this “interim” authorization to work ceases, and one of two things can happen. One, USCIS will use its discretion and approve an extension of status and the employee will continue to be able to work for the new sponsoring employer. Or, two, USCIS will deny the extension of status request and the employee will have to depart the U.S., and either obtain an H-1B visa at a U.S. consulate, or, if she already has a valid H-1B visa from her former employer, she will simply need to depart the U.S. and, upon re-entry, present her old visa with the new I-797 and continue working.

s*k2009-02-26 08:02

5 楼

有了Gap之后也是transfer 好了之后不用等到10月1号就可以工作了吧

guidance and has generated a fair amount of interest and comments.
Employment
these difficult economic times, provide a fair amount of relief to
terminated H-1B workers. Our article, and the previous guidance from VSC,
indicated that in order to be eligible to “port” to a new H-1B employer,
the new H-1B petition must be filed before termination or before the old
petition is revoked or withdrawn by the old employer.
national would be eligible to work pursuant to H-1B portability upon filing
the H-1B transfer application even if s/he was not eligible for an extension
or change of status. The H-1B portability criteria are: (1) the foreign
national was lawfully admitted; (2) the new H-1B petition is “nonfrivolous;
” (3) the new H-1B petition was filed before the date of expiration of
period of authorized stay (as described on the I-94 card);: and (4)
subsequent to lawful admission, the foreign national has not been employed
without authorization. (INA § 214(n))
employer requests revocation of her H-1B on February 1, then the H-1B status
is automatically revoked pursuant to 8 C.F.R. § 214.2(h)(11)(ii). However
, the foreign national remains in the U.S. and finds a job on March 1 and
the new employer files a new, non-frivolous H-1B petition on her behalf.
Since the foreign national was lawfully admitted, the petition is non-
frivolous, the I-94 was not expired, and she has not worked: without
authorization between February 1 and March 1, then the foreign national is
eligible to start work under INA § 214(n).

【在 p*c 的大作中提到】

: http://www.laborimmigration.com/2009/02/clarification-on-h-1b-t
: 基本上说,当中有GAP没什么大问题. H1B TRANSFER是一定会被APPROVE的,如果GAP实在
: 太大,最多就是让你境外激活. 但是大的政策是,对GAP都予以通融.
: Our article was prompted by a Vermont Service Center (VSC) AILA Liaison guidance and has generated a fair amount of interest and comments.
: Work Allowed While H-1B Transfer Pending Even if There is a Gap in Employment
: Just this week, VSC’s AILA Liaison provides some clarifications which, in these difficult economic times, provide a fair amount of relief to terminated H-1B workers. Our article, and the previous guidance from VSC, indicated that in order to be eligible to “port” to a new H-1B employer, the new H-1B petition must be filed before termination or before the old petition is revoked or withdrawn by the old employer.
: However, if the H-1B portability criteria are met, then the foreign national would be eligible to work pursuant to H-1B portability upon filing the H-1B transfer application even if s/he was not eligible for an extension or change of status. The H-1B portability criteria are: (1) the foreign national was lawfully admitted; (2) the new H-1B petition is “nonfrivolous;” (3) the new H-1B petition was filed before the date of expiration of period of authorized stay (as described on the I-94 card); and (4) subsequent to lawful admission, the foreign national has not been employed without authorization. (INA § 214(n))
: For example, if an H-1B employee is terminated on February 1, and her employer requests revocation of her H-1B on February 1, then the H-1B status is automatically revoked pursuant to 8 C.F.R. § 214.2(h)(11)(ii). However, the foreign national remains in the U.S. and finds a job on March 1 and the new employer files a new, non-frivolous H-1B petition on her behalf. Since the foreign national was lawfully admitted, the petition is non-frivolous, the I-94 was not expired, and she has not worked without authorization between February 1 and March 1, then the foreign national is eligible to start work under INA § 214(n).
: Scenarios Upon Approval of Pending H-1B Transfer Application
: The foreign national is eligible to work until the petition is adjudicated. Once the H-1B petition is approved, this “interim” authorization to work ceases, and one of two things can happen. One, USCIS will use its discretion and approve an extension of status and the employee will continue to be able to work for the new sponsoring employer. Or, two, USCIS will deny the extension of status request and the employee will have to depart the U.S., and either obtain an H-1B visa at a U.S. consulate, or, if she already has a valid H-1B visa from her former employer, she will simply need to depart the U.S. and, upon re-entry, present her old visa with the new I-797 and continue working.

s*k2009-02-26 08:02

6 楼

看他这个例子就是Gap一个月而已

VSC,
,
filing

【在 l*****a 的大作中提到】

: 给个摘要吧
: 中间下岗半年也算GAP?
:
: guidance and has generated a fair amount of interest and comments.
: Employment
: these difficult economic times, provide a fair amount of relief to
: terminated H-1B workers. Our article, and the previous guidance from VSC,
: indicated that in order to be eligible to “port” to a new H-1B employer,
: the new H-1B petition must be filed before termination or before the old
: petition is revoked or withdrawn by the old employer.

G*i2009-02-26 08:02

7 楼

考古精神可嘉，不过这是旧闻了，新闻在这里。。呵呵
http://www.mitbbs.com/bbsann2/life.faq/JobHunting/61/h1btranfer

guidance and has generated a fair amount of interest and comments.
Employment
these difficult economic times, provide a fair amount of relief to
terminated H-1B workers. Our article, and the previous guidance from VSC,
indicated that in order to be eligible to “port” to a new H-1B employer,
the new H-1B petition must be filed before termination or before the old
petition is revoked or withdrawn by the old employer.
national would be eligible to work pursuant to H-1B portability upon filing
the H-1B transfer application even if s/he was not eligible for an extension
or change of status. The H-1B portability criteria are: (1) the foreign
national was lawfully admitted; (2) the new H-1B petition is “nonfrivolous;
” (3) the new H-1B petition was filed before the date of expiration of
period of authorized stay (as described on the I-94 card);: and (4)
subsequent to lawful admission, the foreign national has not been employed
without authorization. (INA § 214(n))
employer requests revocation of her H-1B on February 1, then the H-1B status
is automatically revoked pursuant to 8 C.F.R. § 214.2(h)(11)(ii). However
, the foreign national remains in the U.S. and finds a job on March 1 and
the new employer files a new, non-frivolous H-1B petition on her behalf.
Since the foreign national was lawfully admitted, the petition is non-
frivolous, the I-94 was not expired, and she has not worked: without
authorization between February 1 and March 1, then the foreign national is
eligible to start work under INA § 214(n).

【在 p*c 的大作中提到】

: http://www.laborimmigration.com/2009/02/clarification-on-h-1b-t
: 基本上说,当中有GAP没什么大问题. H1B TRANSFER是一定会被APPROVE的,如果GAP实在
: 太大,最多就是让你境外激活. 但是大的政策是,对GAP都予以通融.
: Our article was prompted by a Vermont Service Center (VSC) AILA Liaison guidance and has generated a fair amount of interest and comments.
: Work Allowed While H-1B Transfer Pending Even if There is a Gap in Employment
: Just this week, VSC’s AILA Liaison provides some clarifications which, in these difficult economic times, provide a fair amount of relief to terminated H-1B workers. Our article, and the previous guidance from VSC, indicated that in order to be eligible to “port” to a new H-1B employer, the new H-1B petition must be filed before termination or before the old petition is revoked or withdrawn by the old employer.
: However, if the H-1B portability criteria are met, then the foreign national would be eligible to work pursuant to H-1B portability upon filing the H-1B transfer application even if s/he was not eligible for an extension or change of status. The H-1B portability criteria are: (1) the foreign national was lawfully admitted; (2) the new H-1B petition is “nonfrivolous;” (3) the new H-1B petition was filed before the date of expiration of period of authorized stay (as described on the I-94 card); and (4) subsequent to lawful admission, the foreign national has not been employed without authorization. (INA § 214(n))
: For example, if an H-1B employee is terminated on February 1, and her employer requests revocation of her H-1B on February 1, then the H-1B status is automatically revoked pursuant to 8 C.F.R. § 214.2(h)(11)(ii). However, the foreign national remains in the U.S. and finds a job on March 1 and the new employer files a new, non-frivolous H-1B petition on her behalf. Since the foreign national was lawfully admitted, the petition is non-frivolous, the I-94 was not expired, and she has not worked without authorization between February 1 and March 1, then the foreign national is eligible to start work under INA § 214(n).
: Scenarios Upon Approval of Pending H-1B Transfer Application
: The foreign national is eligible to work until the petition is adjudicated. Once the H-1B petition is approved, this “interim” authorization to work ceases, and one of two things can happen. One, USCIS will use its discretion and approve an extension of status and the employee will continue to be able to work for the new sponsoring employer. Or, two, USCIS will deny the extension of status request and the employee will have to depart the U.S., and either obtain an H-1B visa at a U.S. consulate, or, if she already has a valid H-1B visa from her former employer, she will simply need to depart the U.S. and, upon re-entry, present her old visa with the new I-797 and continue working.