Dear Mr. Khanna:
Thank you very much for kindly doing us a big favor. This forum is the most informative and helpful immigration site on the Net.
Please help clarify a complex situation I am in. I was on H1B from an exempt university and am now on transfer to a non-exempt employer. My new company, advised by their lawyer, was so confident about the prospect of transfering (as it took for granted to all of its previous employees) that it allowed me to work since February 1. So much confident that the lawyer advised me not go premium processing (filed at end-January in Vermont) because she was mistaken that I was not subject to the cap. Now my case is still pending and the 2004 cap looms to have been over. I'm deeply troubled and have a couple of questions:
1) If my case is rejected in a week or two, am I considered legal (in-status)to have left the previous company and worked for the new one since February 1?
2) Is my new (and current) company able to file a petition for next fiscal year 2005 right now, while I might have 60 days to repond if the USCIS does request for evidence? I am wondering if there will be a collision of my two cases within the USCIS?
I understand I must fly out and back in for the gap between now and Oct 1, provided that my second petition is approved on time. But my greatest concerns are the two questions above. Please help me clarify this extraordinary situation. I greatly appreciate your insights. Thank you very much. Deep regards.
Thank you very much for kindly doing us a big favor. This forum is the most informative and helpful immigration site on the Net.
Please help clarify a complex situation I am in. I was on H1B from an exempt university and am now on transfer to a non-exempt employer. My new company, advised by their lawyer, was so confident about the prospect of transfering (as it took for granted to all of its previous employees) that it allowed me to work since February 1. So much confident that the lawyer advised me not go premium processing (filed at end-January in Vermont) because she was mistaken that I was not subject to the cap. Now my case is still pending and the 2004 cap looms to have been over. I'm deeply troubled and have a couple of questions:
1) If my case is rejected in a week or two, am I considered legal (in-status)to have left the previous company and worked for the new one since February 1?
2) Is my new (and current) company able to file a petition for next fiscal year 2005 right now, while I might have 60 days to repond if the USCIS does request for evidence? I am wondering if there will be a collision of my two cases within the USCIS?
I understand I must fly out and back in for the gap between now and Oct 1, provided that my second petition is approved on time. But my greatest concerns are the two questions above. Please help me clarify this extraordinary situation. I greatly appreciate your insights. Thank you very much. Deep regards.