Earliest Possible start date in 2010?

[test2010]

I used to work in the US with a different company and came back to India 7 months ago. While I was there, I had a valid I-797 that mentioned I had a valid H1-B visa till Sept 2011.

I have just got hired in the US by another company, and am currently living in India.

• My employer told me that the old H1-B that I had with my previous company is considered expired since I quit the company 7 months ago. So they will have to apply for a new H1-B. Is this correct?

• My employer’s emigration department told me that if they apply for a new H1-B visa for me, the earliest start date I can have is Nov 10th 2010. Is this correct?

• Is there anything that can be done so I can start working in the US within the next 1 month or any earlier date?

Thanks.

[shervin143]

[*]My employer told me that the old H1-B that I had with my previous company is considered expired since I quit the company 7 months ago. So they will have to apply for a new H1-B. Is this correct?
>>> If the previous H1B petition hasn't expired yet (see expiry date in the petition), then your new employer can file the H1B under the same CAP.

[*]My employer’s emigration department told me that if they apply for a new H1-B visa for me, the earliest start date I can have is Nov 10th 2010. Is this correct?
>>> It will take 2-3 months to get the decision by normal process and 15 days by premium. If it is a new H1B under a new CAP, then the earliest start date is Oct 1st if the petition gets approved prior to that date.

[*]Is there anything that can be done so I can start working in the US within the next 1 month or any earlier date?
>>> See above answers.

[test2010]

Hello,

Thanks for your feedback.

Just to confirm, if I have a I-797A from my previous employer that expires in 2011, I can apply for my new H1-B with the new employer under the old cap even if I quit my previous employer and left the US 7 months ago?

Thanks!

[shervin143]

Yes.

Hello,

Thanks for your feedback.

Just to confirm, if I have a I-797A from my previous employer that expires in 2011, I can apply for my new H1-B with the new employer under the old cap even if I quit my previous employer and left the US 7 months ago?

Thanks!

[test2010]

Thanks a lot for the info!


May please ask few more Questions along the same topic:

• If I cannot locate the hard copy of my I-797A, but I am sure that it expires in 06/08/2011, will my new employer still be able to apply for my H1-B under the old cap? Can they get the hard copy of my I-797 from Govt institution handling this?

• Does applying under the old cap just continue my validity period from the time I started with my previous employer in 2006, putting me at 5 years by 20011? Hence needing my new employer to either apply for my green card or another 1 year extension in 20011?

• Does applying under the new cap start the 5 year validity period all over again? Hence I will not having to worry about my extension or green card for sometime?

[shervin143]

If I cannot locate the hard copy of my I-797A, but I am sure that it expires in 06/08/2011, will my new employer still be able to apply for my H1-B under the old cap? Can they get the hard copy of my I-797 from Govt institution handling this?
>>> You need the receipt number (Or better a copy of that approval notice) to get the new H1B under the same CAP. Your new employer cannot request for a copy of that I-797 which belongs to a different employer.

Does applying under the old cap just continue my validity period from the time I started with my previous employer in 2006, putting me at 5 years by 20011? Hence needing my new employer to either apply for my green card or another 1 year extension in 20011?
>>> Irrespective of whether you apply under the old CAP or a new CAP, you can stay only till the remaining period in H1B. H1B in total is for 6 years. If you have already spent 5 years out of it, then you have only one more year left. If you want a fresh 6 year term on H1B, then you have to be out U.S for 1 whole year and you need to apply the H1B under the new CAP.

Does applying under the new cap start the 5 year validity period all over again? Hence I will not having to worry about my extension or green card for sometime?
>>> See answer to question 2.

[test2010]

Thanks a lot for the info!

[roti10]

L1B queries

I have an offer of the company sponsoring the L1B visa this month. I have a list of queries related to that.

1. How many days does it take to get the L1b visa?

2. Can I study Full-Time (MBA) while on the L1B visa?

3. Do I get a LC or EAD automatically while filling for a L1B?

4. Can I apply for a GC? If yes whats the procedure? I heard while you are in the process of getting a GC, you can remain in the US even if the L1B visa is over?

5. What would you suggest, converting a L1B to a H1B or L1B to a GC? If yes then the procedure.

[shervin143]

1. How many days does it take to get the L1b visa?
>>> Visa or petition. Petition takes 2-3 months by normal process and 15 days by premium. Visa depends on whether you get a 221g or not.

2. Can I study Full-Time (MBA) while on the L1B visa?
>>> No. You need F1 to study full time. Each visa has it's own purpose.

3. Do I get a LC or EAD automatically while filling for a L1B?
>>> No.

4. Can I apply for a GC?
>>> Yes.

If yes whats the procedure? I heard while you are in the process of getting a GC, you can remain in the US even if the L1B visa is over?
>>> That is not true.

5. What would you suggest, converting a L1B to a H1B or L1B to a GC? If yes then the procedure.
>>> There is no such thing as converting L1B to GC. For the procedures, read the information in immihelp. There is a lot of info under the GreenCard menu.