sankar_203
04-20 10:20 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
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rssb
11-28 07:28 AM
H1's from A and B are not related and having multiple H1's is valid.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
nc14
10-25 11:33 AM
Please give your fair share folks (volunteer for time or your contribution). If nothing else become a monthly contributor so that IV can pursue our objectives with one less thing to worry about. Every individual matters, get yourself counted by not just posting but contributing for your only chance to get out of this mess.
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subba
02-11 08:26 PM
The way I see it....You have an I797 approval till 2010. Once you have that, it does not matter on what basis it was received. The I797 approval does not say "Only valid until I140 has not been withdrawn" etc.
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LostInGCProcess
02-04 04:48 PM
need to travel in few days and my AP is about to get approved.
How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.
How do you know your AP is about to get approved? And by the way, you cannot ask USICS to send via FedEx. They have a contract with USPS and they send only thru them.
wellwishergc
07-11 12:52 PM
^^^^^^^^^
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raysaikat
06-14 11:50 AM
Thank you! raysaikat
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
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pnjbindia
04-07 06:48 PM
what is he is the primary applicant and he is in ROW coz of his wife..how does that change things?
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hk196712
07-16 12:31 PM
I called them this morning and IO told me that my file has been assigned to an officer. What does this mean? Can anyone tell me?
Thanks
Thanks
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BMS1
07-31 11:52 PM
It happened for my son's application. I did not even have a copy of the check at that time. I resent it with a new check (after retrogression set in) saying that it was their mistake. They sent it back along with the new check again saying no visa is available on the date of submission. Then I read some where in immigration-law website you need to mark it to certain officer (I do not remember exact wordings - check immigration-law archives around sep 2005). I re-sent it to that officer explaining everything again and it was accepted. My son's receipt date Sep 30 but the notice date was somewhere in Nov. due to all these correspondence.
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eswaraprasad73
02-15 01:55 PM
I went to Ottawa, Canada in January for visa stamping. I got Visa done.
On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.
Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.
Good Luck for your stamping.
On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.
Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.
Good Luck for your stamping.
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sunimmi
06-11 02:29 PM
what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.
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drirshad
11-12 12:11 PM
What if you have used AC-21 before getting GC ......
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
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me_myself
01-18 08:18 AM
Spoke with a lawyer - he said have a letter from my company saying i was training our indian vendor and now returning back to resume work in US. Also have proof/documents that shows my US company exists and a verification letter from them.
My question is (i forgot to ask him) what sort of documents i need from my company which shows the company exists - i dont think my company will give out its Tax Returns. What other documents should i ask for?
Thanks.
My question is (i forgot to ask him) what sort of documents i need from my company which shows the company exists - i dont think my company will give out its Tax Returns. What other documents should i ask for?
Thanks.
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sertasheep
07-09 08:26 PM
nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.
It would be great if members are able to make it to this event.
It would be great if members are able to make it to this event.
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GumI485
01-22 06:35 PM
Thank you for representating us.
God bless you all
God bless you all
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eb3_nepa
01-25 03:53 PM
Hi,
I need to draw the IV website admin's attention to a minor style sheet issue which is making the site look a little bit "wonky" in Internet Explorer 6.0.
The CSS needs to be adjusted, as the "Contributions section" in the right most column is appearing midway on the page instead of way up top like it should in the other browsers.
I am trying to attach the image but it seems like I cannot attach anything with an image width of > 800 or an image height of 600.
I need to draw the IV website admin's attention to a minor style sheet issue which is making the site look a little bit "wonky" in Internet Explorer 6.0.
The CSS needs to be adjusted, as the "Contributions section" in the right most column is appearing midway on the page instead of way up top like it should in the other browsers.
I am trying to attach the image but it seems like I cannot attach anything with an image width of > 800 or an image height of 600.
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sbabunle
03-26 03:20 PM
Right on!!
I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!
I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!
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redgreen
06-06 05:16 PM
We are interested in knowing the source of this rule!
If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
If you pay the new fee for EAD or AP, there is no mention that you won't have to pay again for EAD or AP. You don't have to pay for EAD and/or AP if you had paid new fee for I-485.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
binadh
07-05 11:13 AM
This means that this time it has become unavailable because total number of visas have been used. However, when it resets on OCT 1st, it SHOULD be available. This is what I am hoping for...... We'll see. Any other thoughts?
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
lostinbeta
11-17 04:24 PM
I am going to wait til maybe monday or tuesday, I just wanted to bump this thread up in the new posts list.
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