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  • H1 transfer and Green card questions

    Hello I have few questions
    I am seeking expert advice. Please help.

    1. if I accepted offer from another company 111 and they are doing H1 transfer ( 2-3 days back I guess ). Will it be a trouble if
    new company 222 also initiate H1 transfer with better offer, will it put my current status in jeopardy.
    2. Once company 222 file for H1 transfer, do I need to tell company 111 from stopping for further pursuing my H1? Will they create any problem.
    Or will this pose a threat for my H1 with company 222 ?
    3. Do I need H1B stamped again, when I travel outside US to INDIA in this nov 2015. My current H1B stamp is from my present employer
    and valid till Jan 2017.
    4. Will I be able to travel, if my GC application ( LC ) is initiated/ filed before nov 2015? Will it affect my return or my work status in US. Is it advisable to file GC with new employer immediately after 1-2 months of joining?
    5. I140 it takes approx 2 years, considering my current status, I can stay until Jan 2017.
    So in this case how will or how can I retain my status in US, when the time I left is less than what ideally is required for I140

  • #2
    1. if I accepted offer from another company 111 and they are doing H1 transfer ( 2-3 days back I guess ). Will it be a trouble if new company 222 also initiate H1 transfer with better offer, will it put my current status in jeopardy.
    >>> Not an issue. Multiple H1B transfers can be filed simultaneously.

    2. Once company 222 file for H1 transfer, do I need to tell company 111 from stopping for further pursuing my H1?
    >>> No need.

    Will they create any problem.
    >>> Legally no issues.

    Or will this pose a threat for my H1 with company 222 ?
    >>> Nope.

    3. Do I need H1B stamped again, when I travel outside US to INDIA in this nov 2015. My current H1B stamp is from my present employer and valid till Jan 2017.
    >>> You can use the current valid H1B visa with the new employer's H1B petition to re-enter U.S.

    4. Will I be able to travel, if my GC application ( LC ) is initiated/ filed before nov 2015?
    >>> Yes.

    Will it affect my return or my work status in US.
    >>> No.


    Is it advisable to file GC with new employer immediately after 1-2 months of joining?
    >>> Read more about the GC process. Even if you initiate the process immediately, it takes about 4-6 months to file PERM.

    5. I140 it takes approx 2 years, considering my current status, I can stay until Jan 2017.
    >>> You can stay until your H1B I-94 expiry date.

    So in this case how will or how can I retain my status in US, when the time I left is less than what ideally is required for I140
    >>> Read more about H1B beyond 6 years. As long as your PERM is filed 365 days prior to your 6th year H1B CAP end date, you can extend your H1B beyond 6 years.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi All,

      Probably an older post but i thought its more rerelevant.

      My previous employer B filed and got i140 aproved as sql dba. My new employer has hired me as soft engg level 2. Now for gc filing they are asking to get a new letter from my first employer A to include .net java related r&r as well as from B.

      in my opinion i should only be getting letter from most recent employer B and no new letters from employer A.

      As i already have i140 approved previously there should be no changes to letter give by A. Is that correct?

      In this case since the current r&r is different than what i had when employer A filed i140. What impact will it have on my case. How should i present the skill gap in letters when actually there is no gap. Its just the roles assigned to me were varying

      Comment

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