2 complex issues - Can someone answer this ?

HopesCrashing

New Member
Hi! Everyone,
I am working as a Sr Programmer Analyst for a Big 5 consulting firm and I have couple of complex questions for this board. Can someone answer this for me. I appreciate your time.

1) My current visa (H1-B) is expiring on Jan 14th 2002. My company filed for my H1-B extension on Dec 4th 2001. Today January 10th 2002, my company para legal called up and said they goofed something with the H1 extension papers and the INS rejected it or something went wrong with INS, hence they asked me to do some additional paperwork and said that they will be filing it with the INS by end of day today (Jan 10th 2002).
My question is can I still continue with the company even if I dont have the INS receipt with me after my visa expires. I was hoping my receipt to come thru before Jan 14th 2002, but now I do not stand a chance with the goofup. If any law enforcement officer pulls me up, can I show the emails from the company and my labor application approval records as proof that my papers have been filed with INS.

2) I have lost all my hopes of getting my GC done through this company. I do not want to take the chance of moving to a new job in this market since I am a family man. I have only 2 more years left on H1-B. I heard from someone that it is possible to do the GC through a different company using future employee clause and switch over to the new company when I-495 is ready to be filed. How reliable is this solution ? Has anyone tried it ? Any issues or complications with such an approach ?
 
Sorry to hear this!

I am not sure about the point 1. I think you need a receipt.

To the point 2. Your GC is for a future job. You have to start working for the GC company once your GC gets approved or you can start working for them anytime during your GC processing on a valid H1-B visa. Also you could start working for them during the I-485 stage once your EAD gets approved.

Not a lawyer. Good luck!
 
Answer for 1

Answer for 1st question
Its OK. As far as your application goes in before your Old H1 expires that is OK, and that\' how lot of companies do , they wait till the end of moment.
 
Answere for 2

Go to murthy.com and check out. See the chat trancript for 14 Jan 2002. It seems you do not have to work for the organization who filed for your GC... all that INS requires is that it should be in a similar field and your salary should be above poverty level. I kinda saw this stuff at murthy.com. Please refer at the chat transcript section. You will find some info regarding it.
 
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