Disclaimer: We take no responsibility for accuracy of information provided. Please use at your own risk. Do not post anything you don't want publicly visible.


Track greencard/visa apps
Immihelp Tracker
Help Others
Share Experiences
Instant Quotes & Purchase
Visitor Medical Insurance
Find
Travel Companion
Download Mobile Apps:   iPhone/iPad/iPod Touch App    Android App

Results 1 to 3 of 3
  1. #1

    Post J2 dependent Needs to transfer to H1B

    Dear Sir,
    I am Post Doctoral Research Fellow. I have been working in USA with J1- Exchange Visitor Visa from Feb 2007. My Visa will expire in Dec 2011. I wanted to apply for J1 Waiver – (2 Year Home Residency Rule) – by getting No Objection –NORI from my country India. It is under processing. I am expecting to get “No Objection Certificate- NORI” from my country by the end of this month (May 2011). Once I get my J1 waived from USCIS finally, my company will file for H1B Visa.
    I would like to know about my husband’s status. My husband came to USA in May 2005 on H1B visa sponsored by the IT Company. In May 2009, when he applied for H1B extension, USCIS asked for evidence -RFE and his H1B petition has been rejected. Then my husband got his J2 dependent Visa, the Employment Authorization Card and he was able to work for the same IT Company. Could you please answer my following questions?
    1. As he works for an IT company, Computer Professionals can file for H1B visa only in the specific time frame (I think March based on the quota). What will happen to his status when I get my H1B visa through my employer?
    2. How and when to file for his H1B?
    Thanks in advance,
    Regards,
    Vani

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    1. As he works for an IT company, Computer Professionals can file for H1B visa only in the specific time frame (I think March based on the quota). What will happen to his status when I get my H1B visa through my employer?
    >>> When you get your H1B, he will go out of status on J2. He should either file for H4 status along with your H1B (He won't be able to work when your status changes to H1B or when his status changes to H4) or he should file his own H1B.

    2. How and when to file for his H1B?
    >>> If he has not used all 6 years in the previous H1B CAP, then he can ask his employer to file a new H1B petition under the same CAP and request a immediate start date. He doesn't need to file it under the new Quota and wait until October to start working. He will get only the remaining period (6 years - time already spend in H1B + L1 status) in that CAP as the duration. If he has already spend 6 years in his H1B CAP, then he cannot apply for a new H1B unless he spend 1 year outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

  3. #3

    Wink changed employer-need to request new employer to file H1B

    Thanks for the answering the first question. J2 dependant( my husband) have changed the employer recently 2 weeks back and will be joining new employer next week. He stayed only 4 years from may 2005 to may 2009 in USA. As per your advice, I hope, he has two more years. Old denied H1B - is it usable even after changing the employer. How to handle this effectively? once I get my J1 waiver, he has to ask his new employer to file for a new H1B under the previous cap with immediate start date. right? THANKS.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •