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Results 1 to 7 of 7

Thread: H1B Transfer , after two weeks, H1B Transfer , after two weeks

  1. #1
    Hi All,

    Here is my question.I changed my employer A.Lets say today is day 1 of the moth.I stopped working for employer A , on day 15 of the month.Then I received my last paycheck from employer A on day 21.

    I Joined employer B on Day 15, and they started my H1b Transfer, there was some delay, and attorney is now in good communication.She had all the paperwork from me on day 22.I work in CA , live in MO.So she said she needs to get prevailing wage determinations from CA , MO.Then she can file H1b transfer.
    She sent request for prevailing wage determinations.Possibly in how many days she may receive them.She said once she receives them she will file for H1b transfer.

    Is it the same procedure lawyers usually follow for H1b transfer.Any views are appreciated.

    Thanks,
    pandu

  2. #2
    Hi All,

    Here is my question.I changed my employer A.Lets say today is day 1 of the moth.I stopped working for employer A , on day 15 of the month.Then I received my last paycheck from employer A on day 21.

    I Joined employer B on Day 15, and they started my H1b Transfer, there was some delay, and attorney is now in good communication.She had all the paperwork from me on day 22.I work in CA , live in MO.So she said she needs to get prevailing wage determinations from CA , MO.Then she can file H1b transfer.
    She sent request for prevailing wage determinations.Possibly in how many days she may receive them.She said once she receives them she will file for H1b transfer.

    Is it the same procedure lawyers usually follow for H1b transfer.Any views are appreciated.

    Thanks,
    pandu

  3. #3
    I am sure there's only one procedure that applies when it comes to H-1B alien worker's portability (transfer) from one employer to another.

    All immigration practitioners follow AC21 Act of 2000 that states in part thus: "a nonimmigrant alien... who was previously issued a visa or otherwise provided nonimmigrant (H-1B) status... is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant...", where "filing," I think, means that the new petition has been "receipted" by the USCIS.

    So if you would follow the regulations strictly, you should start lawfully working for your new employer only after receiving the "Notice of Action" or Receipt Notice of the new Form I-129 petition.

    I also wonder why your lawyer should waste time sending a request for prevailing wage to the local SWA when it's readily available on this DOL website. The only change that took effect since March 28, 2005 was the four-level salary scale (instead of the old two levels) and the 100% pay rate rule (instead of the old 95%).

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by pandu345:
    Hi All,

    Here is my question.I changed my employer A.Lets say today is day 1 of the moth.I stopped working for employer A , on day 15 of the month.Then I received my last paycheck from employer A on day 21.

    I Joined employer B on Day 15, and they started my H1b Transfer, there was some delay, and attorney is now in good communication.She had all the paperwork from me on day 22.I work in CA , live in MO.So she said she needs to get prevailing wage determinations from CA , MO.Then she can file H1b transfer.
    She sent request for prevailing wage determinations.Possibly in how many days she may receive them.She said once she receives them she will file for H1b transfer.

    Is it the same procedure lawyers usually follow for H1b transfer.Any views are appreciated.

    Thanks,
    pandu </div></BLOCKQUOTE>

    First of all, how come you can start working for Company B even without applying for the transfer? You should get USCIS receipt notice for H1B transfer even before start working for Company B. Though you have H1B from Company A that does not mean that USCIS allowed you to work for Company B at any time.

    If your attorney is further delaying the filing process, it may create more issues for you to transfer H1B. You may request him to complete the H1B transfer form ASAP to USCIS and receive the receipt notice. If he files for ordinary transfer, it may take several months and a premium process will be helpful as well, but may cost more money to the company.

  5. #5
    Hi Rough Neighbour,

    I spoke the DOL , then they said,there is no shortcut to get the prevailing wages.The employer/atorney should request the prevailing wages , they take 14 business days to respond the request.That DOL lady was not even saying upto 14 business days.So Hopefully I think may be lawyer is doing the correct thing , not sure she will manage all these gap I had from 15th to the time she files h1.

  6. #6
    I didn't say that what your lawyer is doing is wrong by the way, I just wonder why waste time when there's another readily available option.

    Look at this, under II. Obtaining... and the No. 3. Answer to Question 2. Most lawyers that I know do it, I mean, deriving wages from the same DOL website that I gave you previously. It's a legitimate source, it's given by the DOL.

  7. #7
    Hi Rough Neighbour,

    Thanks for the information.I will update my lawyer.

    Thanks,
    pandu

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