Validity of H1 petition

[KD_007]

Hi folks,

I have around 6 yrs of IT experience and i am currently based out of India.My employer has started H1 filing formalities.Unfortunately i don't see a future with my current employer and i am thinking of resigning in couple of months.

So let's say my employer files petition on 1st April and then i resign in May sometimes.In such a scenario will my H1 petition will still be valid? Can i get H1 visa if i get lucky in lottery? What things should i take care from my end to make sure that my petition remains valid if i end up in new company?

Thanks!

[raghvi]

Hi folks,

I have around 6 yrs of IT experience and i am currently based out of India.My employer has started H1 filing formalities.Unfortunately i don't see a future with my current employer and i am thinking of resigning in couple of months.

So let's say my employer files petition on 1st April and then i resign in May sometimes.In such a scenario will my H1 petition will still be valid? Can i get H1 visa if i get lucky in lottery? What things should i take care from my end to make sure that my petition remains valid if i end up in new company?

Thanks!

You would need the approval notice in your hand in order for another company to be able to use it. The least you would need is the receipt. Try to get those from your company before resigning. I am sure they will not share with you if you have resigned or are in the notice period. The issue is many companies in anticipation of resignation would not give it too. Also, receipt may not be available till May End/June and approval might not come till Sept.

This is my opinion not legal advice.

[KD_007]

You would need the approval notice in your hand in order for another company to be able to use it. The least you would need is the receipt. Try to get those from your company before resigning. I am sure they will not share with you if you have resigned or are in the notice period. The issue is many companies in anticipation of resignation would not give it too. Also, receipt may not be available till May End/June and approval might not come till Sept.

This is my opinion not legal advice.

Hi Raghvi

Thank you for the reply.
I now understand that Receipt and Approval Notice will be required in case I want my H1B petition to be valid.

I have one more question - What if I file for a petition from outside as well (from some consultancy ready to file a petition)? Will two petitions lead to legal problems?

Regards!

[raghvi]

No.

This is my opinion not legal advice.

[KD_007]

Is receipt or approval notice equivalent to petition number?Also, is B1 on lieu of H1 availed only after H1 petition is approved?

[raghvi]

Is receipt or approval notice equivalent to petition number?Also, is B1 on lieu of H1 availed only after H1 petition is approved?

Technically there is no "petition number" as such The receipt number is the case receipt number for every H1B petition assigned by USCIS. You can use it to see your case status at https://egov.uscis.gov/cris/Dashboard.do.

B1 in lieu of H1 doesnt need an approved H1 petition. But person seeking B1 in lieu of H1 needs to have education equivalent of US Bachelor's (just like H1) , also a person on B1 in lieu of H1 should not be paid by US employer. There is high scrutiny around B1 in lieu of H1 and approvals are tough to come by.

This is my opinion not legal advice.