2 yrs HRR Completion on Sep 2005. Can H1B be filed now

[shashi_gc]

All,

I had been to US on J1 visa on June 2003. Returned back to India in Sep 2003 before my J1 visa could expire. But my Visa Stamping says am subjected to 2 yrs HRR.

I will be completing the 2 yrs HRR in coming september 2005. Meanwhile can I go ahead in applying for the H1B visa now get the approval and petition ready. If I have this in place and go for H1B visa stamping after sep 2005 will that be OK.

The issue is I cannot wait till completion of Sep 2005 and then file for H1B by which time the Oct 2005 quota would have got expired.

So I would like to know whether I can file for H1B now,get the approval ready by Sep 2005 and then go for H1B stamping after Sep 2005.

Any inputs on this is highly appreciated.

Regards,
-Shashi

 

[Toxsci]

All,


I will be completing the 2 yrs HRR in coming september 2005. Meanwhile can I go ahead in applying for the H1B visa now get the approval and petition ready. If I have this in place and go for H1B visa stamping after sep 2005 will that be OK.

In my opinion, your H1B application will be processed only after satisfying the 2year rule.

The issue is I cannot wait till completion of Sep 2005 and then file for H1B by which time the Oct 2005 quota would have got expired.

This depends on whether you are joining a company or University on H1B
Other option would be to go for another J1 after Sept. When once you start ur new job you can start waiver immediately and subsequently change status to H1
So I would like to know whether I can file for H1B now,get the approval ready by Sep 2005 and then go for H1B stamping after Sep 2005.

In my opinion you may not be able to get the H1B approval before OCT, 2005
Any inputs on this is highly appreciated.

Regards,
-Shashi

Good luck!

 

[tangohi]

I dont think you can file before you complete your two year home requirement. I did two year HRR and when I filed for H-1B they sent a RFE asking me ot document that I had completed two year HRR. I also had a IAP approved till November 2002 but I left US in June 2002. I had to document two year home presence from the date I left US i.e June 2002. I submitted bank statements, credit card statements etc to prove that I was making these transactions in my home country. I also submitted all pages of my passport to show that I had not lleft my home country. I also sent letter from my employer stating that I was employed with them and pay stubs showing that i was indeed employed. As I was taking a University position the cap was not an issue in my case. Hope this helps. I would suggest that you request your employer to file PERM for you now so that if you have to wait for few months at least the green card process could be started and you will not have to waste time for that later on as EB2 might also retrogress and it is important to have a priority date as early as possible. My application if I remember correctly was not adjudicated till I had completed two years. They might reject your application if you file under premium processing as they have ot make a decision in 15 days and if you hav not completed 2 years that is a good and easy excuse for them. I would suggest you talk to a good lawyer to get an opinion and time the application. So far only 27,000 applications have been used and no one knows how soon the numbers will go.
Hope this helps.