7th Year extension and stamping !!!

[vrrajeeb]

Hi all,

I was with a company A. I left them in July 2004 and joined company B who is transferring H1B to them which will be valid till May 2005. This H1 transfer is still in process.

I am processing my GC thru company C, the Labor of which has been pending for about 18 months, based on which I had asked company C to file 7th year extension, which they did, since my 6 years are up by May 2005.

Now I have 2 things in process : H1 transfer to company B and H1 extension by company C (Company C had used the receipt notice of company B).

Q1) Is it mandatory that I go to India and get the H1 extension stamped before the 6 years are up in May 2005 ? (assuming H1 extension gets approved before May 2005)

Q2) If it is not mandatory, then are there any issues if I go to India after May 2005 ? like do I need a transit visa or something like that ? (coz my H1 would've expired by then and the extension wouldn't have been stamped yet...)

Q3) Assuming both get approved in Feb and if I vist India in March and stamp company B's H1 transfer then is company C's H1 extension invalid ? I mean would I need to file for H1 extension again when I come back to US ?

I would definitely appreciate any valuable inputs on these ...

Thanx a lot guys !

-RJ

 

[ginnu]

Hi all,

I was with a company A. I left them in July 2004 and joined company B who is transferring H1B to them which will be valid till May 2005. This H1 transfer is still in process.

I am processing my GC thru company C, the Labor of which has been pending for about 18 months, based on which I had asked company C to file 7th year extension, which they did, since my 6 years are up by May 2005.

Now I have 2 things in process : H1 transfer to company B and H1 extension by company C (Company C had used the receipt notice of company B).

Q1) Is it mandatory that I go to India and get the H1 extension stamped before the 6 years are up in May 2005 ? (assuming H1 extension gets approved before May 2005)
------ if you get H1 extension approval notice with I-94 attached and extended then you dont need Visa stamp to work or remain in US, next time you go out then get theH1B Visa stamp as Visa stamp is needed for entry to US
Q2) If it is not mandatory, then are there any issues if I go to India after May 2005 ?
--- no problem you are going to India and get H1 Visa stamp in India
like do I need a transit visa or something like that ? (coz my H1 would've expired by then and the extension wouldn't have been stamped yet...)
-------------- you need to check particular consulate site and I dont know your flight details, as you are Going to India and you have India passport why you will need transit visa? when you are coming back to US you will be having H1B visa stamp. I dont think you need transit visa
Q3) Assuming both get approved in Feb and if I vist India in March and stamp company B's H1 transfer then is company C's H1 extension invalid ?
-no, but I will use C approval letter if that gets approved for H1 stamping , you can use B approval that is not problem, but if you are going to work with C then why not C approval notice for H1 Visa stamping.
I mean would I need to file for H1 extension again when I come back to US ?
--no, show the passport Visa stamp at POE ( and keep Orignal H1 approval notice + employer letter of C with you and show the employer letter if asked)

I would definitely appreciate any valuable inputs on these ...

Thanx a lot guys !

-RJ

 

[vrrajeeb]

Ginnu,

Thanx a great lot for your very prompt and detailed responses ...

Yeah, it would make sense to stamp Company C's H1 extension ... the only reason I was trying to defer stamping that is becoz then it would become a sub-contract between company B and company C and I would need to take a substantial paycut since company C also would now come into picture ... (as long as I work on the current project) ...

1) But I know that one needs to be on the H1 of the company that filed for one's GC (company C in my case) ... at what stage does this need to happen ? after Labor, I140 or I485 ?

2) Just to re-confirm : company C's H1 extension won't become invalid even I go to India and come back without stamping that, right ? (assuming both get approved while I am in US and I get company B's H1 transfer stamped while I am in India) ...

Once again, thanx a great bunch !

-RJ

 

[ginnu]

Ginnu,

Thanx a great lot for your very prompt and detailed responses ...

Yeah, it would make sense to stamp Company C's H1 extension ... the only reason I was trying to defer stamping that is becoz then it would become a sub-contract between company B and company C and I would need to take a substantial paycut since company C also would now come into picture ... (as long as I work on the current project) ...

1) But I know that one needs to be on the H1 of the company that filed for one's GC (company C in my case) ... at what stage does this need to happen ? after Labor, I140 or I485 ?
--- if you go by law then GC is for future job after I-485 approval, but it is better to join before I-485 gets approved and if I-485 is sent to local office for interview you will have 3-4 pay stubs from C, that will show you are working with C
2) Just to re-confirm : company C's H1 extension won't become invalid even I go to India and come back without stamping that, right ? (assuming both get approved while I am in US and I get company B's H1 transfer stamped while I am in India) ...
------ H1 dont become invalid if you go out.
H1 becomes invalid if you are out of status or comany revoke your H1 and many other reasons
Once again, thanx a great bunch !

-RJ