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Unique H1 dilemma

Hello Rajiv,

I got my first H1 on 14th Dec 2003, after graduating from US college. I worked for employer 'A' till Oct 2005. Then transfer h1 to employer 'B' and worked for 'B' till Aug 2007. So my total working years on h1 was 3 years 8 months in US. I left US and came back to India in August 2007 and currently living in India. I have kept one valid h1 from employer 'C' (never worked for him though) valid till 14th Dec 2009 (without stamping).

Employer 'B' had applied for my GC and got my labor and I-140 approved. I-140 got approved on 26th Oct 2006 and my priority date is 1st Sept 2006.

If I wish to go back to US now on employer C's h1 (valid till 14th Dec 2009). Will I be able to extend it, once I get stamping and land in US? Because I have not worked complete 6 years on h1 visa in US. I have worked in US only for 3 yrs 8 months. So will I be able to get rest 2 years 4 months for visa extension? Or will have to start a fresh visa application?

Can employer 'C' apply for my extension even now, when I am in India? or I need to be in US first to apply for the extension?

I do not know about the status of my I-140 applied by employer 'B' whether they canceled it or did something else. Does I-140 help me in any regard.

I want to just know how can I come to US on H1 to start new work in this situation.

Would appreciate your help.
Thanks in advance,
J Kumar
 
H1 Revoked, Change fo status from H1 to F1

Hi rajiv,

I was on OPT until sep 30th, and my h1 was approved and i was supposed to start my H1 status on Oct 1 st. but i lost my job and and my employer sent an h1 revocation request effective OCT 1st , i could not find an employer since then, i am looking for a job, I might get a job in next couple of weeks, i have given couple of interviews and waiting for the response.

My questions are:

1. I am expecting an i20 from an university this week, can i apply for change of status from H1 to f1? ( According to my knowledge, Change of status can only be applied, if the person is in some valid status), what is my current status ?

2. If i get a job, and if my employer applies for new H1b application, what kind of questions that i might expect from INS?

3. One of friend applied for Change of status(H1- F1) 3 months after his H1 revocation date( after he got revocation approval from INS) and he got it approved. Can i consider this case and apply for change of status from H1 -F1

4. After applying Change of status from H1-F1, if I get a job, and My employer applies for H1b, can I withdraw my Change of status applicaiton ?

5. What is the best approach to my current situation?

Thanks a lot for your service.
Lavanya
 
CSPA law

I'm confused as to how the CSPA law works. Hopefully I can get a better understanding with your explanation.

My LPR father petitioned me and my siblings when we were under 21 years of age. By the time the visa became available for me and one of my brothers, we had already turned 21. I'm wondering if the CSPA law would protect me under the 2A category if I were to file for residency now? Our priority date is 02/24/1999. My DOB is 03/20/1979 and I'm still single.

Thank you very much for any advise you can give me here.
Minerva:)
 
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