Can I do H1B transfer after 6 years?
Disclaimer: I am not a lawyerNo, after 6 years, you cannot get a new H1B, unless you go out of the USA for a year. You can extend your stay depending on the GC process status, but not change employers until the very last stages, and then it would not be as H1B.
Can I get my H1B transferred after having a gap for one year?
If you haven’t been working for a year, your prior H1b is out of status for a long time. Even the documents state a different ending date. As result, there is NOTHING existed to be transferred!Accumulate out of status time to a degree or stay beyond the I94 date, it will turn into unlawful presence.When people commonly refer to h1b transfer, there is nothing transferred. It is a new H1b petition sponsored by new employer. People just use “Transfer” to differentiate it.If you didn’t use all 6 years H1b time, you don’t need go through “H1b lottery”.If you maintain your visa status (still on H1b and didn’t work for a year, which means you are not maintain your visa status) a change of status (new visa, for example, you change to B2, or similar visa with different sponsor, for example, H1b with new employer) can be approved without leaving the U.S.
Can I transfer to F1 after using up 6 yrs of H1b and then get a new 6 yrs H1b after graduation without leaving the US? I already have a Master’s and plans moving on to a PhD.
I don’t think you can get a new 6yrs of H1B after graduation without leaving us. As far as I know, once the first 6 yrs are finished you need to live out of the USA for 1year to apply for new h1B quota.What you can do is, finish your Phd and apply your GC directly on your own (if you meet the requirements). Inorder to do this you would need atleast 1year time after graduation (OPT if you have). Better to check with an attorney.
Can i transfer my c1d visa to h1b visa while im here in usa?
Nope. read the terms of your visa. You are specifically prohibited from changing status on a C1D. And what in the world would a person who qualifies for an H1B be doing with a C1D visa? I have advanced degrees in engineering. You most certainly will not find me in the bowels of a ship.
H1B transfer , pay related issue?
I am planning to transfer my H1B to company X from Company A. I have pay stubs and all legal documents. I am planning to go for premium process. My present employer has no idea of this transfer. 1. If in case the transfer is denied, can I still work with my present employer as if nothing happened. 2. If I don't go for premium and just go with normal processing , It may take 8-12 weeks for it and during this time. In any case can I work with new employer after getting received notice (receipt). At this time can I take salary from my new employer. Also Can I take salary from my previous employer at the same time because he owes me 2 months of salary and as I am not informing him about the transfer,he will just run the pay stub for this month and next month.. As I heard you cannot work for 2 employers on H1. If I take paychecks from both doesn't it mean I am working for both. Thanks in advance.
India Transfer during H1B Visa & GC Process?
Hi, I current H1B Visa is valid till Aug 2016 and it can be extended for another 9 months till May 2017. My Employer has also started my GC on EB3 and it is in initial phase, Still PERM / I-140 are not filed, I am expecting them to be filed by June 2015. I want to go to India for 1 year, and want to come back to USA by Jan 2016, so that I can apply for H1B extension. Which is good time to go to India.. 1. Now 2. After PERM / I-140 File 3. After PERM / I-140 Approval I want to avoid any issue in my GC process. Please suggest. Thanks
485 pending for 6+ months, can I change job using h1b transfer and get 6+ years extension ?
Ibu: at least Google before you make an *** out of yourself, or do us all a favor and turn in your modem in tomorrow at whoever your ISP is. You can switch employers if the given conditions are met: I-140 has been approved or filed together with I-485 I-485 has been pending for at least 180 days The new employment has to be the same or similar. Your lawyer should also send a letter to USCIS that you are using the AC21 portability provision. If you downgrade EB-2 to EB-3 (which currently has the shorter wait time for china, you may be able to retain your EB-2 priority date) you cannot change employers until: Your priority date on the new EB-3 is current (this makes you eligible for filing I-485) Your I-485 has been pending for more than 180 days. You can extend your H-1B in one year increments indefinitely while you have an approved or pending perm or an approved or pending I-140. Since you still have the EB-2 which is currently pending or approved you can use that to renew your H-1B indefinitely, even if you will not seek adjustment under that petition.
Can I change my employer and transfer an existing H1B visa outside USA without falling under the H1B cap?
The answer depends both on how long you previously worked on your original H1B before returning to India, and how long you have been outside of the US at the time you are looking to change employers and apply for a new H1B.A person granted H1B status may work in that status for a maximum of six years. After working for a solid six years, the H1B holder must remain outside of the US for a full year before being able to apply for another H1B for a fresh six years. When she does reapply, she will be subject to the cap. On the other hand, a person who had an H1B but worked for fewer than six years may be able to file a new petition without being subject to the cap, even if she has subsequently lived outside of the US for a length of time. And yes, this can be done while the H1B beneficiary is in her home country.To calculate how much time you used from your initial six years, add up the total amount of time you spent 1) physically present in the US, 2) while in H1B or L1 status. For example, if you worked under an H1B for five years, but spent one month every year in your home country for vacation, and one month every year traveling abroad for business, the amount of H1B time you have already used from your six year allotment is 5 years of work minus 5 months of vacation minus 5 months of business travel = 4 years and 2 months. You would therefore have a total of 1 year and 10 months of H1B time left to use before being subject to the cap again.If after doing this calculation you still have time left on your original H1B, your new employer can file a new petition for you, and can request that it be cap-exempt. You will not be eligible for a full 6 years, however, but only the amount of time you have left from your original 6 years using the calculation above.If you have spent more than a year outside of the US after leaving your original H1B employment after less than 6 years, you have a choice of two options. Your new employer can file a cap-exempt petition as described above, or your employer can file a cap-subject petition. The benefit of filing the cap-subject petition is that you would be eligible for a full, fresh 6 years with your new employer.I wrote a detailed post on this subject on my blog: http://corstange.com/2014/01/29/...I hope this is helpful!
H1B transfer during approved unpaid vacation?
Hello gurus, I am currently on unpaid vacation since last week. I have a new job offer in hand and am waiting for another offer. Now, if I want to start with my new employer, what do I say, when the new employer asks for the most recent pay stubs? I have all my pay stubs except for the last week's pay stub. I had requested my employer to provide me a pay stub with $0 net pay. My employer says that they cannot issue a pay stub if they do not run payroll for me. Could you please suggest me what can be done here? Thanks.