Ingo Pakleppa

You can switch to premium service, although 15 months is excessive even
for normal procedures. You can also involve a Congressperson.

You can apply for a second transfer, although there can be sticky issues
if your original H-1B expired and your first transfer is denied
eventually. Hire an attorney.

Also, do be sure to call BCIS (call around midnight to avoid busy signals)
and verify that the case really is still pending. Sometimes, they approve
the case, and then mail is lost.

As for whether or not you can go to Canada/Mexico/India, that may or may
not be true, depending on a number of factors. But not travelling indeed
is a cautious approach.

The type of agency that you describe used to exist, but this is now
illegal. The employer is responsible for paying you regardless of whether
or not you actually have an assignment.

On Sun, 08 Jun 2003 21:09:02 -0700, want_2_know wrote:

    > Hi Guru's,
    > I had a H1B from Company A . Company B applied for visa transfer from
    > Company A in Mar 02.
    > INS came back with a query in January 2003 and I have replied to it. I
    > have not yet received the visa transfer. Meanwhile I am getting another
    > good offer. Its been more than 15 months for a Visa transfer. Any way to
    > speed up things at INS (BCIS) ? Is there no way to get out of this ? It
    > seems I can't leave this country , even for a vacation to
    > Canada/Mexico/India. Am I Stuck ? Anyone experiencing/experienced the
    > same ?
    > Can the visa transfer be done using premuim service ? Can I apply for
    > another H1 ?
    > Is there any company/agency that just applies H1B's , and leaves the
    > worry of finding a job to me ? That would maximize my earnings ...
    >
    > Any help would be a relief ...
    >
    > Thanks in advance!

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://www.kkeane.com (still under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.

Want_2_know

Hi Guru's,
I had a H1B from Company A . Company B applied for visa transfer from
Company A in Mar 02.
INS came back with a query in January 2003 and I have replied to it. I
have not yet received the visa transfer. Meanwhile I am getting
another good offer. Its been more than 15 months for a Visa transfer.
Any way to speed up things at INS (BCIS) ? Is there no way to get out
of this ? It seems I can't leave this country , even for a vacation to
Canada/Mexico/India. Am I Stuck ? Anyone experiencing/experienced the
same ?
Can the visa transfer be done using premuim service ?
Can I apply for another H1 ?
Is there any company/agency that just applies H1B's , and leaves the
worry of finding a job to me ? That would maximize my earnings ...

Any help would be a relief ...

Thanks in advance!

Want_2_know

Thanks Ingo!
I have a few more questions on this .
Firstly my H1 expires in Mar. 2004.
What would happen if my visa transfer does not get approved. Does that
mean I will have to go back to India or can I apply for another H1
transfer from here itself.
Can I hire an attorney independently to look into it , knowing that
Company B has its own attorneys who files this transfer ?
Approximately how much does it cost to hire an attorney to looks into
these matters. Just a rough idea...

I frequently check the BCIS website, their status message says
anywhere between 60 to 120 days from Jan 2003. (After they got the
reply for RFE)
Does 60 to 120 mean calendar days or business days ?

Thanks once again


"Ingo Pakleppa" wrote in message news:...
    > You can switch to premium service, although 15 months is excessive even
    > for normal procedures. You can also involve a Congressperson.
    >
    > You can apply for a second transfer, although there can be sticky issues
    > if your original H-1B expired and your first transfer is denied
    > eventually. Hire an attorney.
    >
    > Also, do be sure to call BCIS (call around midnight to avoid busy signals)
    > and verify that the case really is still pending. Sometimes, they approve
    > the case, and then mail is lost.
    >
    > As for whether or not you can go to Canada/Mexico/India, that may or may
    > not be true, depending on a number of factors. But not travelling indeed
    > is a cautious approach.
    >
    > The type of agency that you describe used to exist, but this is now
    > illegal. The employer is responsible for paying you regardless of whether
    > or not you actually have an assignment.
    >
    > On Sun, 08 Jun 2003 21:09:02 -0700, want_2_know wrote:
    >
    > > Hi Guru's,
    > > I had a H1B from Company A . Company B applied for visa transfer from
    > > Company A in Mar 02.
    > > INS came back with a query in January 2003 and I have replied to it. I
    > > have not yet received the visa transfer. Meanwhile I am getting another
    > > good offer. Its been more than 15 months for a Visa transfer. Any way to
    > > speed up things at INS (BCIS) ? Is there no way to get out of this ? It
    > > seems I can't leave this country , even for a vacation to
    > > Canada/Mexico/India. Am I Stuck ? Anyone experiencing/experienced the
    > > same ?
    > > Can the visa transfer be done using premuim service ? Can I apply for
    > > another H1 ?
    > > Is there any company/agency that just applies H1B's , and leaves the
    > > worry of finding a job to me ? That would maximize my earnings ...
    > >
    > > Any help would be a relief ...
    > >
    > > Thanks in advance!
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please visit my new FAQ at http://www.kkeane.com (still under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my new Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Sylvia Ottemoeller

"want_2_know" wrote in message
news:[email protected]...

    > Thanks Ingo!
    > I have a few more questions on this .
    > Firstly my H1 expires in Mar. 2004.
    > What would happen if my visa transfer does not get approved. Does that
    > mean I will have to go back to India or can I apply for another H1
    > transfer from here itself.

If the "visa transfer" -- the H-1B extension petition with a request to
change employers -- is denied, you would most likely have to leave the U.S.
quickly. An employer can file an H-1B petition on your behalf anytime. It
would not be a "change of employer" -- it would simply be a new H-1B.

    > Can I hire an attorney independently to look into it , knowing that
    > Company B has its own attorneys who files this transfer ?

Yes.

    > Approximately how much does it cost to hire an attorney to looks into
    > these matters. Just a rough idea...

Just to provide an analysis -- maybe $1000. To file anything with the
government comparable to an H-1B petition -- $2000 to $3000. I'm guessing
your case is a little tricky, or it would have been approved by now.

    > I frequently check the BCIS website, their status message says
    > anywhere between 60 to 120 days from Jan 2003. (After they got the
    > reply for RFE)
    > Does 60 to 120 mean calendar days or business days ?

Calendar days.

    > "Ingo Pakleppa" wrote in message
news:...

    > > You can switch to premium service, although 15 months is excessive even
    > > for normal procedures. You can also involve a Congressperson.
    > >
    > > You can apply for a second transfer, although there can be sticky issues
    > > if your original H-1B expired and your first transfer is denied
    > > eventually. Hire an attorney.
    > >
    > > Also, do be sure to call BCIS (call around midnight to avoid busy
signals)
    > > and verify that the case really is still pending. Sometimes, they
approve
    > > the case, and then mail is lost.
    > >
    > > As for whether or not you can go to Canada/Mexico/India, that may or may
    > > not be true, depending on a number of factors. But not travelling indeed
    > > is a cautious approach.
    > >
    > > The type of agency that you describe used to exist, but this is now
    > > illegal. The employer is responsible for paying you regardless of
whether
    > > or not you actually have an assignment.

    > > On Sun, 08 Jun 2003 21:09:02 -0700, want_2_know wrote:

    > > > I had a H1B from Company A . Company B applied for visa transfer from
    > > > Company A in Mar 02.
    > > > INS came back with a query in January 2003 and I have replied to it.

What was the query about? Was any immigration practitioner involved in
preparing the response to the query?

I
    > > > have not yet received the visa transfer. Meanwhile I am getting
another
    > > > good offer. Its been more than 15 months for a Visa transfer. Any way
to
    > > > speed up things at INS (BCIS) ? Is there no way to get out of this ?
It
    > > > seems I can't leave this country , even for a vacation to
    > > > Canada/Mexico/India. Am I Stuck ? Anyone experiencing/experienced the
    > > > same ?
    > > > Can the visa transfer be done using premuim service ? Can I apply for
    > > > another H1 ?
    > > > Is there any company/agency that just applies H1B's , and leaves the
    > > > worry of finding a job to me ? That would maximize my earnings ...

Want_2_know

Thanks Sylvia!
You guessed it right about the trickiness in the case. From the RFE
that came from INS I figured that there is some confusion in Last name
and First name. Last name has been read as first and vice versa and
looks like there may be a person by that name. Infact this is my first
ever H1 which will expire in Mar. 2004 , but records in INS show that
I am about to complete 6 years. That perplexes me to no end. Even my
passport is not 6 years old. I have replied to all the questions in
the query.Some decision in this regard would be a relief.
Keeping my fingers crossed and waiting in anxiety.

Thanks for your comments and I do feel better sharing my issues with
you guys.

I hope I am not the only one in this boat...




"Sylvia Ottemoeller" wrote in message news:...
    > "want_2_know" wrote in message
    > news:[email protected]...
    >
    > > Thanks Ingo!
    > > I have a few more questions on this .
    > > Firstly my H1 expires in Mar. 2004.
    > > What would happen if my visa transfer does not get approved. Does that
    > > mean I will have to go back to India or can I apply for another H1
    > > transfer from here itself.
    >
    > If the "visa transfer" -- the H-1B extension petition with a request to
    > change employers -- is denied, you would most likely have to leave the U.S.
    > quickly. An employer can file an H-1B petition on your behalf anytime. It
    > would not be a "change of employer" -- it would simply be a new H-1B.
    >
    > > Can I hire an attorney independently to look into it , knowing that
    > > Company B has its own attorneys who files this transfer ?
    >
    > Yes.
    >
    > > Approximately how much does it cost to hire an attorney to looks into
    > > these matters. Just a rough idea...
    >
    > Just to provide an analysis -- maybe $1000. To file anything with the
    > government comparable to an H-1B petition -- $2000 to $3000. I'm guessing
    > your case is a little tricky, or it would have been approved by now.
    >
    > > I frequently check the BCIS website, their status message says
    > > anywhere between 60 to 120 days from Jan 2003. (After they got the
    > > reply for RFE)
    > > Does 60 to 120 mean calendar days or business days ?
    >
    > Calendar days.
    >
    > > "Ingo Pakleppa" wrote in message
    > news:...
    >
    > > > You can switch to premium service, although 15 months is excessive even
    > > > for normal procedures. You can also involve a Congressperson.
    > > >
    > > > You can apply for a second transfer, although there can be sticky issues
    > > > if your original H-1B expired and your first transfer is denied
    > > > eventually. Hire an attorney.
    > > >
    > > > Also, do be sure to call BCIS (call around midnight to avoid busy
    > signals)
    > > > and verify that the case really is still pending. Sometimes, they
    > approve
    > > > the case, and then mail is lost.
    > > >
    > > > As for whether or not you can go to Canada/Mexico/India, that may or may
    > > > not be true, depending on a number of factors. But not travelling indeed
    > > > is a cautious approach.
    > > >
    > > > The type of agency that you describe used to exist, but this is now
    > > > illegal. The employer is responsible for paying you regardless of
    > whether
    > > > or not you actually have an assignment.
    >
    > > > On Sun, 08 Jun 2003 21:09:02 -0700, want_2_know wrote:
    >
    > > > > I had a H1B from Company A . Company B applied for visa transfer from
    > > > > Company A in Mar 02.
    > > > > INS came back with a query in January 2003 and I have replied to it.
    >
    > What was the query about? Was any immigration practitioner involved in
    > preparing the response to the query?
    >
    > I
    > > > > have not yet received the visa transfer. Meanwhile I am getting
    > another
    > > > > good offer. Its been more than 15 months for a Visa transfer. Any way
    > to
    > > > > speed up things at INS (BCIS) ? Is there no way to get out of this ?
    > It
    > > > > seems I can't leave this country , even for a vacation to
    > > > > Canada/Mexico/India. Am I Stuck ? Anyone experiencing/experienced the
    > > > > same ?
    > > > > Can the visa transfer be done using premuim service ? Can I apply for
    > > > > another H1 ?
    > > > > Is there any company/agency that just applies H1B's , and leaves the
    > > > > worry of finding a job to me ? That would maximize my earnings ...

Want_2_know

Sylvia you were right when you guessed that there is something tricky
in this case.
From the RFE that came from INS,looks like there is some confusion in
my name.
My first name has been read as last name and vice versa. Looks like
there may be a person with that name. Per INS records , I am about to
finish my 6 year term in US. I am perplexed by this as even my
passport is not 6 years old as on date. I have clarified my first
name,last name , submited photo copies of all pages of my passport
etc... Its been more than 4 months after I submitted the answers , but
I still do not hear from them.
Makes me anxious and get on edge sometimes.

Thanks for sharing your comments and feel slightly better after
sharing it with you all. Any comments/suggestions welcome.

Thanks


"Sylvia Ottemoeller" wrote in message news:...
    > "want_2_know" wrote in message
    > news:[email protected]...
    >
    > > Thanks Ingo!
    > > I have a few more questions on this .
    > > Firstly my H1 expires in Mar. 2004.
    > > What would happen if my visa transfer does not get approved. Does that
    > > mean I will have to go back to India or can I apply for another H1
    > > transfer from here itself.
    >
    > If the "visa transfer" -- the H-1B extension petition with a request to
    > change employers -- is denied, you would most likely have to leave the U.S.
    > quickly. An employer can file an H-1B petition on your behalf anytime. It
    > would not be a "change of employer" -- it would simply be a new H-1B.
    >
    > > Can I hire an attorney independently to look into it , knowing that
    > > Company B has its own attorneys who files this transfer ?
    >
    > Yes.
    >
    > > Approximately how much does it cost to hire an attorney to looks into
    > > these matters. Just a rough idea...
    >
    > Just to provide an analysis -- maybe $1000. To file anything with the
    > government comparable to an H-1B petition -- $2000 to $3000. I'm guessing
    > your case is a little tricky, or it would have been approved by now.
    >
    > > I frequently check the BCIS website, their status message says
    > > anywhere between 60 to 120 days from Jan 2003. (After they got the
    > > reply for RFE)
    > > Does 60 to 120 mean calendar days or business days ?
    >
    > Calendar days.
    >
    > > "Ingo Pakleppa" wrote in message
    > news:...
    >
    > > > You can switch to premium service, although 15 months is excessive even
    > > > for normal procedures. You can also involve a Congressperson.
    > > >
    > > > You can apply for a second transfer, although there can be sticky issues
    > > > if your original H-1B expired and your first transfer is denied
    > > > eventually. Hire an attorney.
    > > >
    > > > Also, do be sure to call BCIS (call around midnight to avoid busy
    > signals)
    > > > and verify that the case really is still pending. Sometimes, they
    > approve
    > > > the case, and then mail is lost.
    > > >
    > > > As for whether or not you can go to Canada/Mexico/India, that may or may
    > > > not be true, depending on a number of factors. But not travelling indeed
    > > > is a cautious approach.
    > > >
    > > > The type of agency that you describe used to exist, but this is now
    > > > illegal. The employer is responsible for paying you regardless of
    > whether
    > > > or not you actually have an assignment.
    >
    > > > On Sun, 08 Jun 2003 21:09:02 -0700, want_2_know wrote:
    >
    > > > > I had a H1B from Company A . Company B applied for visa transfer from
    > > > > Company A in Mar 02.
    > > > > INS came back with a query in January 2003 and I have replied to it.
    >
    > What was the query about? Was any immigration practitioner involved in
    > preparing the response to the query?
    >
    > I
    > > > > have not yet received the visa transfer. Meanwhile I am getting
    > another
    > > > > good offer. Its been more than 15 months for a Visa transfer. Any way
    > to
    > > > > speed up things at INS (BCIS) ? Is there no way to get out of this ?
    > It
    > > > > seems I can't leave this country , even for a vacation to
    > > > > Canada/Mexico/India. Am I Stuck ? Anyone experiencing/experienced the
    > > > > same ?
    > > > > Can the visa transfer be done using premuim service ? Can I apply for
    > > > > another H1 ?
    > > > > Is there any company/agency that just applies H1B's , and leaves the
    > > > > worry of finding a job to me ? That would maximize my earnings ...

Want_2_know

As Ingo Pointed out , I called BCIS National Customer Service. The
service personnel there noted down my details and said that she would
raise a query and the details of the status would be posted to my
address in 3-4 weeks time.
That way the officials would know that I am still waiting on it.
Will let you know after I hear from them.

Thanks
Bhaskar.K


"Sylvia Ottemoeller" wrote in message news:...
    > "want_2_know" wrote in message
    > news:[email protected]...
    >
    > > Thanks Ingo!
    > > I have a few more questions on this .
    > > Firstly my H1 expires in Mar. 2004.
    > > What would happen if my visa transfer does not get approved. Does that
    > > mean I will have to go back to India or can I apply for another H1
    > > transfer from here itself.
    >
    > If the "visa transfer" -- the H-1B extension petition with a request to
    > change employers -- is denied, you would most likely have to leave the U.S.
    > quickly. An employer can file an H-1B petition on your behalf anytime. It
    > would not be a "change of employer" -- it would simply be a new H-1B.
    >
    > > Can I hire an attorney independently to look into it , knowing that
    > > Company B has its own attorneys who files this transfer ?
    >
    > Yes.
    >
    > > Approximately how much does it cost to hire an attorney to looks into
    > > these matters. Just a rough idea...
    >
    > Just to provide an analysis -- maybe $1000. To file anything with the
    > government comparable to an H-1B petition -- $2000 to $3000. I'm guessing
    > your case is a little tricky, or it would have been approved by now.
    >
    > > I frequently check the BCIS website, their status message says
    > > anywhere between 60 to 120 days from Jan 2003. (After they got the
    > > reply for RFE)
    > > Does 60 to 120 mean calendar days or business days ?
    >
    > Calendar days.
    >
    > > "Ingo Pakleppa" wrote in message
    > news:...
    >
    > > > You can switch to premium service, although 15 months is excessive even
    > > > for normal procedures. You can also involve a Congressperson.
    > > >
    > > > You can apply for a second transfer, although there can be sticky issues
    > > > if your original H-1B expired and your first transfer is denied
    > > > eventually. Hire an attorney.
    > > >
    > > > Also, do be sure to call BCIS (call around midnight to avoid busy
    > signals)
    > > > and verify that the case really is still pending. Sometimes, they
    > approve
    > > > the case, and then mail is lost.
    > > >
    > > > As for whether or not you can go to Canada/Mexico/India, that may or may
    > > > not be true, depending on a number of factors. But not travelling indeed
    > > > is a cautious approach.
    > > >
    > > > The type of agency that you describe used to exist, but this is now
    > > > illegal. The employer is responsible for paying you regardless of
    > whether
    > > > or not you actually have an assignment.
    >
    > > > On Sun, 08 Jun 2003 21:09:02 -0700, want_2_know wrote:
    >
    > > > > I had a H1B from Company A . Company B applied for visa transfer from
    > > > > Company A in Mar 02.
    > > > > INS came back with a query in January 2003 and I have replied to it.
    >
    > What was the query about? Was any immigration practitioner involved in
    > preparing the response to the query?
    >
    > I
    > > > > have not yet received the visa transfer. Meanwhile I am getting
    > another
    > > > > good offer. Its been more than 15 months for a Visa transfer. Any way
    > to
    > > > > speed up things at INS (BCIS) ? Is there no way to get out of this ?
    > It
    > > > > seems I can't leave this country , even for a vacation to
    > > > > Canada/Mexico/India. Am I Stuck ? Anyone experiencing/experienced the
    > > > > same ?
    > > > > Can the visa transfer be done using premuim service ? Can I apply for
    > > > > another H1 ?
    > > > > Is there any company/agency that just applies H1B's , and leaves the
    > > > > worry of finding a job to me ? That would maximize my earnings ...