1500 Training Fee – Affects Transfer ?

[doc_007us]

Dear Friends and Professionals:

I am working on an H1B visa with company A.
On the H1B visa petition, there is a question

The question is that if your company has more than 25 workers working on a non-immigrant visa then the company has to pay $ 1500 towards the employee training fee to USCIS.

Now I have got another job offer with Company B.

The lawyers from Company B are asking that whether my current Company A have paid the $ 1500 for my case as employee training money to USCIS.

They mentioned that for the VISA to Transfer from Company A to Company B, this information shall make my case stronger. In short, if the fees are paid, then this transfer is possible smoothly.

But the situation is that my current company has NOT paid this $1500 training fee to USCIS.


DOES THIS MEAN THAT MY TRANSFER WILL BE HAVING PROBLEM ?

IN what way will the payment of $ 1500 by Company A shall AFFECT my TRANSFER OF H1B to Company B ????

IF MY COMPANY HAS NOT PAID THIS... CAN I PAY THIS FEES MYSELF ??


CAN SOMEONE PLEASE ANSWER ???

 

[GotPR?]

Whether you need training fee or not depends on what company B is.
You are working on non-profit org and can not transfer to industry at this moment as all the quota was gone, so I assume you are transferring to another non-profit org. Then most probably B is not required to pay training fee.

 

[doc_007us]

Transfer is Happening

I have seen two Transfer Petitions before.

One guy has transferred his H1B from Exempt Organization to Non-Exempt in the month of Sept. in 2006. This I know I have seen the petition. He was NEVER ON an Non-EXEPMT H1B. I know him since he graduated first time in USA since 2002.

ANOTHER PERSON, is trying to Transfer right now. I have seen this Petition too.

What I have seen in the Petition is that the Non-Exempt employer does not have to pay the $ 1500 training fees. However they have checked the box that there are more than 25 nonimmigrant employees working for them.


AND they have checked the box that they have paid the $ 1500 fees.

The lawyers of this NEW Company are asking that this payment of $ 1500 fees makes his transfer case stronger. Although they have said that this is a difficult case but not impossible. This is a well reputed company who has many lawyers working for them.


HOW ARE THESE TRANSFER'S POSSIBLE. One Transfer occurred in Nov of 2006 and ANOTHER IS On it';s way this June 2007. IT IS HAPPENING.... REALLY..... Lot of people here may think it is IMPOSSIBLE but it is Happening. Although the lawyers are charging like 6000 dollars for this. BUT IT IS HAPPENING.


I REQUEST YOU TO ASK SOMEONE ... or.... SOMEONE PLEASE READ CALMLY......... AND REPLY HOW is This Happening.



HOW DOES THE PAYMENT OF $ 1500 AFFECT THE TRANSFER ??

IS THERE ANY INSIDE CLAUSE WHERE A Non-Exempt H1B Petition suddenly is considered in an Exempt Category by Payment of Such fees by the Employer ?


I have come to know that one lawyer has 100 % success rate in Transferring from Exempt to Non-Exempt. But is bit expensive.


ANY OTHER EXPERIENCED LAWYER WHO CONTACTS ME, tells us how this is possible.......We will hire him ASAP.


PLEASE HELP........ ANY HELP or INPUT is highly Appreciated.

 

[GotPR?]

Well. if you are already talking to lawyer who has 100% success rate, what are you asking here for ?

Paying training fee won't make any difference in difficulty of transfer. It is mandatory to industry and is exempt for non-profit. That's all and there is no association to transfer process.
I really don't understand why your lawyer said it was "difficult" case. Difficulty comes into picture when the rule is not clear and decision is left to adjudicator's discretion, but the rule seems very clear for exempt/non-exempt things like this case... i.e. impossible to transfer unless quota is available.

BTW, let me ask this since you saw two petitions of your friends. What box did they mark in numerical limitation part of petition ?

 

[doc_007us]

Dear Sir,

I am not sure what they marked on numerical limitations. The Other organization was not exempt.

This guy is already working since October of 2007.'

From what i heard was that the old job and new job descriptions should match.

the job functions need to be same.


Now I have another job offer and I am facing the same thing.

Please help.

 

[GotPR?]

Dear Sir,

I am not sure what they marked on numerical limitations. The Other organization was not exempt.

This guy is already working since October of 2007.'

From what i heard was that the old job and new job descriptions should match.

the job functions need to be same.


Now I have another job offer and I am facing the same thing.

Please help.

Jobs are not necessary the same to transfer the H1 as long as LCA is filed accordingly.
THe issue is not job description when it comes to cap exempt/subject, the issue is without being counted toward quota in the past, one can not transfer to cap subject employer.