Anyone done H1 Transfer after using AP??

T

techy2468

Registered Users (C)
i know that cronin memo talks about H1 extension......but its not mentioned explicitly about H1 transfer...

i am working for company A on H1......will travel using AP.....then after coming back....i am not extending....but want to switch to company B using H1 Transfer....

has anyone done this??
 
Hi,
I have transferred. Have had no problems yet.

1st H1-B: From March 2005-Feb 2006, No visa stamp in passport
Visited India in Jan 2006, re-entered on AP, did not have any problem
except while leaving Calcutta airport! Got new I-94 number.

After entering on AP in Jan 2006, continued working on H1-B until Feb 2006, after than continued on H1-B ext. with the same employer from March 2006 to Aug 2006. This H1-B extension was filed before leaving US, so had old I-94 number.

2nd H1-B: From Sept. 2006, started working on new H1-B with new employer (same job description) which is valid till Sept. 2008. Still no H1-B stamp.
This new H1-B now has the I-94 no. that was given when I used first AP.

But then got new AP authorization and will travel to India in Dec. and plan to re-enter on this AP.

Also, first time I left US, was travelling after 3 yrs. Did not know about exit reporting. Just gave my I-94 card.
What is this exit reporting and how do I go about doing it?

Thanks.
 
techy2468 said:
i know that cronin memo talks about H1 extension......

but its not mentioned explicitly about H1 transfer...
-------------- you dont find word "H1 Transfer" becase it is not H1 transfer it is employer change and we keep on using word" H1 Transfer"
i am working for company A on H1......will travel using AP.....then after coming back....i am not extending....but want to switch to company B using H1 Transfer....
-------------- if one enter on AP and works with the employer after use of AP who filed latest H1 then you are on H1 status and can extend H1 status. your question of using AP and then to join B after you come back may create problems, better get 1-2 pay stub from A then let B file for H1 transfer. for more info talk to to B company lawyer.
has anyone done this??
Click to expand...
 
Hi Techy,
were you able to get any more info. about your query.
I would like to know more about case like this too.

Thanks.
 
GCforTRAVEL said:
Hi Techy,
were you able to get any more info. about your query.
I would like to know more about case like this too.

Thanks.
Click to expand...
i also dont know much about exit reporting.....apart from that you have to staple all your I-94 and hand it over to the airline staff while you are boarding the flight......(and hope that they will send it to the right people.....).


your case is what i was looking for.....because when you filed for H1 transfer you had a I-94 which was a AP I-94 (parolee status)......which will be my case when i travel using AP and file for H1 transfer to company B.
 
Hi Techy,
thanks for your response. Yes, seems like you will have the case case I have.

Did your company lawyer say anything or give any advice?

My lawyers said nothing, said it would be fine. Also USCIS did not complain when giving the new H1-B/transfer with I-94 no. from AP. Since getting the H1-B, I also renewed my AP and EAD. Did not have any problem iin renewing either.

Planning to go to India for a weeks on 12/24 and re-entering on AP. Hope there will be no problem, even though lawyers said so, who knows what will happen at POE and what immigration officer will say.

What do you think?

GCforTRAVEL.
 
i would say you are covered from all aspects.....so u can stop worrying....

i dont think they can deny entry at POE if you have a valid AP......valid AOS case going on.....with valid employment to backup the AOS.....and valid travel documents..
 
GCforTravel......i am sending you a PM with my contact details.

it would be a great help if you can give contact details of your attorney (you dont have to reveal your identity)

i wanted to tell my attorney that i want to use AP and she will be able to file H1B transfer.......since it has already been done by your attorney.....

and if my attorney starts playing lazy ass....i will ask her to get in touch with your attorney who has already handled such cases....

its amazing how these attornies make top dollars.....but dont want to read or research about any grey area.....they always want to take the easy known path......
 
GCforTravel......never mind i got a reply from my attorney.....she said that its fine to apply for H1 transfer even after i use AP...
 
Hi Techy,
sorry, did not receive your PM. don't know how to do it here. don't have my browser open to this site all the time.

good to know you have recd a positive reply frm your attorney.
maybe we can keep in touch thru this forum for updates to each other's case?
thanks.
 
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