renegade_0503
Registered Users (C)
I am working for employer A and the timeline is as follows:
Aug: I filed for H1B extension
Sept: Got H1B extension eceipt notice
Oct: Expiration date of H1B visa + I-94 (for the first 3-year period)
Nov: Continue to work since H1B is extended but still waiting for original I-797 form from USCIS.
Now, I would like to change jobs and go to employer B. My questions are:
1. Can employer B file a H1B petition even though I don't have the original I-797? FYI, I can arrange for pay stubs etc and my I94 has already expired during Oct.
2. Lets say that answer to question 1 was a YES, then lets move on with the story.
Assume that employer B was able to file H1B petition under premium processing. I get a receipt notice in Jan mid next year and start working for employer B in Jan mid. Now, I have an international travel scheduled for next year in March. Obviously, I would need an original I-797 form (with Employer B's name as the petitioner) to get my visa stamping done abroad. I want to know what is the likelihood of getting the I-797 between Jan mid and March beginning? 30%? 50%? 70% chance? Note that this petition would be filed under premium processing. Any other factor that could cause a delay - like employer B will need to file for LCA before expecting I-797? (Sorry, I am not very well-versed but I suppose LCA is to initiate greencard process and has no effect on I-797)
Aug: I filed for H1B extension
Sept: Got H1B extension eceipt notice
Oct: Expiration date of H1B visa + I-94 (for the first 3-year period)
Nov: Continue to work since H1B is extended but still waiting for original I-797 form from USCIS.
Now, I would like to change jobs and go to employer B. My questions are:
1. Can employer B file a H1B petition even though I don't have the original I-797? FYI, I can arrange for pay stubs etc and my I94 has already expired during Oct.
2. Lets say that answer to question 1 was a YES, then lets move on with the story.
Assume that employer B was able to file H1B petition under premium processing. I get a receipt notice in Jan mid next year and start working for employer B in Jan mid. Now, I have an international travel scheduled for next year in March. Obviously, I would need an original I-797 form (with Employer B's name as the petitioner) to get my visa stamping done abroad. I want to know what is the likelihood of getting the I-797 between Jan mid and March beginning? 30%? 50%? 70% chance? Note that this petition would be filed under premium processing. Any other factor that could cause a delay - like employer B will need to file for LCA before expecting I-797? (Sorry, I am not very well-versed but I suppose LCA is to initiate greencard process and has no effect on I-797)