[討論]H1b got canceled be4 October..**
8356
July 10, 2009 by suphunk
hi all,

i am currently on j and will not expire until next Feb; i got an offer and also got my h1b approved few weeks ago; however my company is closing, my boss does not want to keep my visa until i transfer to another company; she told me her lawyer told her that she needs to inform USCIS, i dont know why...

my lawyer told me that even if she did that, and my case got cancel, but i already have my case approved and i will remain the quota, so i just need to find a job to transfer before next year's Feb (my j1 is transfer to another company), is this true?

i have called about 10 law firms to find out if thats true, about 6 lawyers told me i will have my quota, the information is true, but about 4 other lawyers tole me otherwise...., can anyone tell me what will happen??..

my company is in the process of closing, i do not know when will she inform USCIS...

thanks guys, please help!
July 11, 2009 by Sean
I have no experience in such a case, but aren't there are still quota for this year's hb1? so in the worst scenario you can still re-apply h1b.

From my experience, I think there are many gray areas for these things. The rules may or may not define the situation. Even if it does, the rule may or may not be enforced...They are doing things very loosely..I wish I could give you more practical suggestions..
July 11, 2009 by suphunk
hi sean, thanks, the reason that i have to know, is that i actually know a friend of my who can transfer my visa until october just to be safe; since my lawyer told me i will be safe within the quota, i do not need to waste time to do it, so i just need to find a job to transfer because i have my j1 until next year.

however if the situation is untrue, i will have to find a job to apply asap because no one knows when the quota will be gone, even they told me they have about 10,000 quota left...

thanks sean, but if anyone else know the situation or how to find out the correct answer, please help me out! appreciate it!
July 11, 2009 by Sean
I remember there was a rule that you can't transfer your h1b until 3 month after you get the h1b. I don't know if it's still the case right now.

Also, I remember Kent posted an article saying that once you have h1b you don't need to wait for quotas anymore until it expires after 6 years.
but the question now is if you have had h1b or not because you haven't really used it..
July 12, 2009 by suphunk
hi sean, thanks again!

i went to that website and looked at all the cases but my situation is very unique, there is nothing like my case; when you read them, they all have their h1b after Oct 1st, and base on the situation that the companies did not cancel their case...

if it is true that i cannot transfer within 3 months.., i dunno what to do now..; can i even apply for a new one??..
July 12, 2009 by Michael_T
我用中文說一下吧。不過,僅就我大概知道的部份。
也許有錯誤,還請多包涵。

suphunk的J1是到明年2月。但是現在拿到了H1B,可是公司又要關了,然後現在該怎麼辦?
我想,這大概是Suphunk的問題。

首先,J1是不能有移民企圖的打工簽証。而H1B則是可以容許有移民企圖的工作簽証。
所以,J1轉H1B的時候,應該會申請一個J1 Visa Waiver 。

而即使您現在有了H1B,不過,真正使用H簽証是在今年的十月。也就是目前來說,您還是以J1的身份待在美國境內。

您的公司要關了,按照USCIS的政策,您公司的老闆當然要通報給移民局。即使是H1B, 若您被Layoff,或是主動Quit,您公司也是要主動向USCIS告知的。不然,就會有很多人以H1B留下來,卻沒在公司上班,不是嗎?(而這一通報,理論上來說,是要馬上出境。不過,我有朋友待了一個月才出境的例子。也就是,他黑了一陣子,呵呵呵)

而,以您的情形來說,J1簽証,在你公司關了的時候,這個簽証就失效(除非您transfer到另一公司),你也必須離開美國境。公司都沒了,貴公司當然也就沒有資格替您維持J1 visa。

以下是我比較不確定的地方:

因為不知道公司關了,會不會影響到您之前申請下來的H1.
如果不會,那您也得在今年十月H1B開跑之前,盡快找到下一間公司幫您保留。不過,您因已經有了H1B的名額,所以不用再去抽簽。而是,只要有公司願意幫您申請,就一定有了。也就是,您可以很順利的Transfer過去。不過,這些都要在今年十月前處理好。

如果會,好像就只能重新申請,至於重新申請,就要看還有沒有名額了。

而,我認為,目前您比較麻煩的問題應該是...J1 Visa被取消的狀況。
當您公司老闆向USCIS通報之後。不管您現在H簽証approved與否,都必須離美境。
這會增加您找尋下一家公司offer您H1的困難。



這是我目前的分析。
不過,我不是專業移民律師,只能就我所知道的,提出來給您做參考
也希望您能順利解決您的問題。
July 13, 2009 by Armagadden
如果已經確定有拿到 Approval letter 那表示已經有名額了

雖然現在公司關掉,但只要現在你找到新工作,願意做你的 sponsorship

那麼可以轉換也就是 Transfer,這樣就可保住你的 H1B

如果你到十月前沒有找到新工作,也沒有轉換雇主,

那麼你的H1B 資格就喪失囉~~

如果還有問題歡迎發問啦~
July 14, 2009 by suphunk
hi everyone..

i really really really... appreciate it!

my j1 is transfered to another company as a favor (so i do not want to go into detail about this....;)), so it will be safe until next Feb.; so according to the info above, am i sure be safe until october this year? so it is not true that my lawyer told me i will be safe until next Feb??..

i got my h1b approved but i guess my question is will i have the quota when the company informed immigration??

i even went to immigration office in near city hall today with my friend today; she also got her h1b approved this year and she asked the questions for me as "my situation", it is funny even the officer who works there does not really know the answer..

i guess it is really like sean's answer that it might depend on the officer who took my case if my case really got canceled..; i have not talked to my company, but i check my status everyday on the website..

thanks again guys! appreciate it!!
July 15, 2009 by Armagadden
H1是十月才正式生效
所以,如果你在貴公司通知移民局前就轉換完成,
那你還是有H1資格

公司關掉沒有一定要通知移民局
如果來得及可以請貴公司不要通知

我不太瞭解你的safe是什麼意思
如果你的J1資格可以到明年二月
當然你沒有身份的問題
但是這和H1資格存不存在無關
July 16, 2009 by suphunk
thank you so much Armagadden, and congrats on your new job! i really appreciate your advice.

i transfer my J1 visa to my friend's company, and it will not be expired until next year's Feb.

i do not know when she will inform immigration, i know she did not inform them yet., i ask her not to do it because she is canceling something that i dont even have, but she talked to some of her crapy friends, she will not help me to keep it before i find a new job and transfer...;)(

so do you mean it depends on when will she inform immigration, it doesnt mean that i will remain my quota until october, if she informed them, my h1b will be cancel right away?

thanks armagadden! and if anyone knows any fashion production jobs, please let me know...:)(

thanks!
July 17, 2009 by Michael_T
thank you so much Armagadden, and congrats on your new job! i really appreciate your advice.

i transfer my J1 visa to my friend's company, and it will not be expired until next year's Feb.

i do not know when she will inform immigration, i know she did not inform them yet., i ask her not to do it because she is canceling something that i dont even have, but she talked to some of her crapy friends, she will not help me to keep it before i find a new job and transfer...;)(

so do you mean it depends on when will she inform immigration, it doesnt mean that i will remain my quota until october, if she informed them, my h1b will be cancel right away?

thanks armagadden! and if anyone knows any fashion production jobs, please let me know...:)(

thanks!


您的意思是
J1目前transfer至A公司
H1是B公司申辦,但是B公司要關門了?

不過,我個人經過網上查詢得知,J1辦H1B要申請J1 Visa Waiver
我不知道這會不會影響到您J1的時效。
July 17, 2009 by suphunk
yeah, but i dont need to go back to taiwan for the 2 year's rule so i dont need to apply for the waiver i think.., is that what you are talking about??

thanks michael t!

anyone knows the precise answer??...
July 18, 2009 by Armagadden
Suphunk

我不知道你老闆會怎樣通知移民局
一般是用信件
但移民局處理這類信件速度頗慢

如果你老闆真的通知了移民局
你有辦法找到新工作轉換的話
14天內轉都還可以 (雇主通知移民局起算)
最好是花一千送移民局加快速度
這樣可能移民局連看到公司關掉的信都還來不及

要是雇主通知移民局
你也沒在14天內轉好H1
那你的資格就取消了

希望你能快點找到公司......
July 18, 2009 by Michael_T
yeah, but i dont need to go back to taiwan for the 2 year's rule so i dont need to apply for the waiver i think.., is that what you are talking about??

thanks michael t!

anyone knows the precise answer??...



其實,我個人也不是很了解,只是從網上搜尋得知。
如我第一篇所說的,J1與H1B在申辦時,有一個很重要的前提,就是J1不能有移民企圖;而H1B就容許有移民企圖。
也因此若是從H1B轉到J1,要填一個J1 Visa Waiver。
但是,我並不知道您在申請H1B的時候,律師有沒有幫您完成這一個表格。

Many persons in the United States on J-1 visa are subject to the two-year home residency requirement found in Section 212(e) of the Immigration and Nationality Act. Under the Section 212(e), before a person on a J-1 visa with the two-year home residency requirement can change to nonimmigrant status (H-1B or L1, for example), or adjust to U.S. permanent resident status, the J-1 person must either return to the country of last residence for two years or obtain a waiver of the two-year home residency requirement.

以上的資訊可以至http://www.greencardapply.com/j1/j1_homerequire.htm 看一下^^

我是不大懂為什麼您的J1沒有2 years rule....
July 19, 2009 by Fallnight
Because it says "Many persons" and not every person, which means there are probably a load of exceptions to the general rule. Depends on the situation, Suphunk may be subject to one of such exceptions.

In the same site that you linked and quote


3. To Determine if You are Subject to the Two-year Foreign Residency Requirement

Often, it is unclear whether one is subject to the two-year home residency requirement. The notation on one's J-1 visa stamp is not always accurate, as may also be the case with the information on one’s DS-2019 Form.

To determine if you are subject to the two-year home residency requirement, you should first examine your DS-2019 Form along with your J-1 visa. The two-year foreign residency requirement applies if your SEVIS DS-2019 Form (or IAP-66 Form) indicates that the phrase, "subject to the two year residency requirement" is checked, or if your J-1 visa contains the notation "212(E) TWO YEAR RULE APPLIES."

However, no notations of the two-year foreign residency requirement on either your SEVIS DS-2019 Form (or IAP-66 Form) or your visa does not mean that you are exempt from the two-year home residency requirement. It is possible that your exchange visitor program may have changed its rules since your admission to the U. S., or your SEVIS DS-2019 Form (or IAP-66 Form) and visa may be inaccurate.

Sometimes it can be a complex matter to determine whether or not one is subject to the two-year home residency requirement. DOS has a procedure for issuing an opinion in a given case on this issue. Please note that the DOS does not charge a fee for such advisory opinions, and does not plan to do so. In some instances, it could prove worthwhile to request an Advisory Opinion on the issue from the U.S. Department of State.

To get an Advisory Opinion, write to the United States Department of State (DOS). The DOS is responsible for the administration of the Exchange Visitor program and the two-year foreign residence requirement. Address your letter to:

Waiver Review Branch
United States Department of State
301 Fourth Street, SW,
Washington, DC 20547

Enclose all of your DS-2019 forms and old IAP-66 forms (if applicable), and in a cover letter explain why you are uncertain whether you are subject or not to the two-year foreign residence requirement, and ask for a U.S. Department of State’s advisory opinion.


This quote shows that there are people not subject to the general rule.


其實,我個人也不是很了解,只是從網上搜尋得知。
如我第一篇所說的,J1與H1B在申辦時,有一個很重要的前提,就是J1不能有移民企圖;而H1B就容許有移民企圖。
也因此若是從H1B轉到J1,要填一個J1 Visa Waiver。
但是,我並不知道您在申請H1B的時候,律師有沒有幫您完成這一個表格。

Many persons in the United States on J-1 visa are subject to the two-year home residency requirement found in Section 212(e) of the Immigration and Nationality Act. Under the Section 212(e), before a person on a J-1 visa with the two-year home residency requirement can change to nonimmigrant status (H-1B or L1, for example), or adjust to U.S. permanent resident status, the J-1 person must either return to the country of last residence for two years or obtain a waiver of the two-year home residency requirement.

以上的資訊可以至http://www.greencardapply.com/j1/j1_homerequire.htm 看一下^^

我是不大懂為什麼您的J1沒有2 years rule....
July 20, 2009 by suphunk
hi everyone, i really appreciate your opinion, regarding J1 visa, i think kent has generate a section for everyone to look at and what you should be aware..

me and my friend both went back to taiwan to change our j1 visa, i think in general if you are from taiwan, AIT will automatically checked "NOT" subject to 2 years rule...

J1 visa is very complicated and please go back to see the previous discussions where other members have organized; if you can get h1b try not to use j1 if you have to..

so i guess Armagaden confirmed that i will loose my h1b quota once immigration found out...:P, i have no luck finding a new company yet because of the economy...; i work in fashion production, if anyone knows anything, please let me know; anything in buying/planning/production is great!

thanks again!
July 20, 2009 by tinawudesign
Hi suphunk,

我是室內設計師 我很多朋友都沒有工作了...
她們後來都從H1B轉到B1/B2 status 在美國內轉
我之前跟她們研究了很多 我的律師也有跟我解釋
H1-B結束 必須是離職+公司與移民局報備 兩者最後的日期為準
公司要報備的原因 :
1. 保持與移民局良好原因 方便日後申請員工h1b
2. 公司當初幫你申請H1-B時 允諾要付你的薪水 如果不撤銷 你還可以反過來告他沒付你當初允諾的薪水
另外你沒有在payroll上 就算公司沒有通知
你要申請轉H1-B時也會有困難(要秀最近的paycheck)

如果你的J1還在 而且沒有payroll的問題(DS2019上financial support的部分)
自然是繼續用J1找工作 J1轉H1沒有問題 你都已經拿到過了
律師不回答或亂回答的部分 通常是J1 因為是你的sponsor機構決定 跟移民局無關
如果有payroll的問題(沒賺到錢還要繳稅維持身分) 相信你朋友會跟你要...(季繳)
可以考慮轉B1/B2 可停留六個月(秀財力證明) 到期前可再續
我律師是說只要你有過H1B 3年內你都有qouta也都可以轉回來
如果你是H1B或有薪的J1轉 要秀last paycheck
若是B1/B2轉 可能會要你出境回去蓋完章再來工作 新的I797上會寫

但我還是要說 申請簽證多少要有一點運氣
不過的原因很多 除了自己還有公司狀況
景氣不好的時候 拒絕的狀況也上升
自己想清楚囉 加油
July 20, 2009 by tinawudesign
Hi, sorry me again.
我突然發現忘記你是在H1-B開始前被withdraw
算是從來沒有過H1-B status quota恐怕在被雇主withdraw後就沒有了
還是問律師吧 找大家一點的 帶齊資料預約去問
老實說 還滿機車的 我會假裝有案子給她們 回答會有耐心很多
(就說有新工作機會 可是在明年初之類的 到時H1能不能用)
至少現在H1-B名額還有
或者找到工作新公司可能也可以幫你申請J1 再找機會申請H1
我後來反而因為J1的自由跟減稅 還滿開心的
加油

這是一個我還滿常去看新資料的律師網站 每幾週會更新H1名額使用情況
http://www.lianglaw.com/
July 21, 2009 by suphunk
hi tinawudesign,

no need to apologize, i REALLY appreciate all advice!

i already called about 10 law firms, and i even went to USCIS with my friend, she has a similar situation, so she asked the question for me, but even the officer there did not know the precise answer, but they are very nice tho...; and some law firms told me i will have my quota, some dont; Armagadden told me i wont have it, my lawyer is the owner of the company, the company is pretty large, he told me i will have my quota...

i really have no idea...

i know they still have quota for h1b, but its different between change to another company while i still remain in the quota and apply for a new one so i have to worry about the quota is gone every single day...

thanks everyone!
August 21, 2009 by zoe1998016
I have similiar situation with you! I called ten lawyers too, they gave me different answer.
However, I read Kent's article, I think he explained the case very clear.
here is what he say: 如果你曾經提出了H-1B 的申請﹐也獲得了批准﹐卻因為種種原因沒有為當初為你申請H-1B的僱主工作(也就是說從來沒為H-1B 僱主工作過)﹐只要僱主沒有revoke 或 withdraw 你的H-1B﹐你仍然佔著H-1B 的名額﹐可以在新的僱主為你提出H-1B 的申請批准後﹐繼續你的6年H-1B."
Is this answered your question?
I saw you posted this question in July, So what's going on now? Has problem been sloved?
Please let me know. I need to confirm this info too. I am so confused too.


i went to that website and looked at all the cases but my situation is very unique, there is nothing like my case; when you read them, they all have their h1b after Oct 1st, and base on the situation that the companies did not cancel their case...

if it is true that i cannot transfer within 3 months.., i dunno what to do now..; can i even apply for a new one??..[/QUOTE]
August 22, 2009 by suphunk
hi zoe, i "think" the answer is as long as your company does not cancel your case, you are at least safe until october first, so you have to transfer to a new company before october first; but since the h1b quota is still available, we will probably safe after october as well, the most important thing is to find a job asap.

i actually found a job but my situation is very unique, so the company is in the process transferring my visa, it should be ok.

what do you do? maybe we can all help you to find a job; connection connection connection!

good luck!
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