Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1b Re-Instantiation

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1b Re-Instantiation

    I came to US in 2009 March (on H4 Visa) ,
    I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.

    Now I am on H4 till date.

    I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B’s Legal Team, they can’t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)

    Now I have inquired some other place and gone through different forums to get answer.
    Here is the query,
    If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??

    What kind of H1B petition I need to file and when it will get approved?
    Will this be a fresh H1B petition or something different?
    Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?

    Please help me in this issue. I will really appreciate your help.

    Any document/ link which shares light to similar issue is really helpful for me.

  • #2
    Since you are previously CAP counted, you can use that CAP to file a new H1B petition. The employer can request an immediate start date. If filed in premium processing, you will get a result within 15 days. However, until you receive the approval notice, you cannot work for the employer. If the approval comes before October 1st, then you can start working as of the effective date on that approval notice.

    Only the fresh H1B petitions filed under a new CAP will have the start date of Oct 1st or later.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      One more query

      HI,
      Thanks for your reply. I have one more question.
      If USCIS accepts my H1B petition application (in regular processing) and Check Fee gets accept then the case goes in Pending Status. So Can I work in Pending status?

      Thanks!

      Comment


      • #4
        Read my previous reply one more time. I have clearly mentioned that your petition should get approved for you to start working. You cannot work when you are in H4 status. Your status should change to H1B to start working, which will happen only after the petition gets approved (As of the effective date). If you are in a hurry, then go for premium processing and get the result within 15 days.

        Originally posted by Euinox View Post
        HI,
        Thanks for your reply. I have one more question.
        If USCIS accepts my H1B petition application (in regular processing) and Check Fee gets accept then the case goes in Pending Status. So Can I work in Pending status?

        Thanks!
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks for your instant reply. I understood.

          Comment

          {{modal[0].title}}

          X

          {{modal[0].content}}

          {{promo.content}}

          Working...
          X