Applying for New H1 after being out for a year after 6 years

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premakannan

Registered Users (C)
Hello,

I have been in India for the past year after completing 9 years in the US(H1B and F1). I applied for a new H1b now. I did not include my past experience letter from my past employer. Just did not have it and knew about it only while applying thru dropbox. This past employer has also applied for my green card. I have applied for the H1B thru another employer because my past employer is going thru a hiring freeze. Will "not including" this document cause a problem? They have also asked for directions to the workplace etc. http://www.madras.sphynx.com/wwwhfaq.php3?cat=9 Please advise.

Thank you
 
When applying for a new H1 (but with some company already applied for your GC), will that not create a conflict?
 
I could have the facts wrong, but it sounds like you are in a good position! You have a new H1 with 6 years available, AND the possibility to get a greencard, if your old company has a position open when the greencard is approved. It is my understanding that H1 is the one of few non-immigrant visas in which it's OK to have a immigrant "intent". Don't know if one can apply for 2 labor certs. at the same time, butuld certainly make things even better for you.
 
You can have more than 1 labor cert or even I-140 (immigrant petition) from different companies. GC is gor future job. obviously at some point (during adjustment of status period) you have to pick one and stick to it. right now its no problem.
 
Liat is correct

H1B is one of those dual intent visas, it means while you are on H1B you can file for GC. Also GC need not be done by your current employer.
 
I see no problem with the H-1 since it is a dual intent visa. The only potential problem that I could see would be that if there is a hiring freeze INS could give your employer a difficult time for the GC since there must be a job available.
 
Thanks for the responses.

What happens if I am outside US and get an H1 from a new company (prev had been in US and applied for GC) and go to get the VISA at the local Us consulate? Isnt one of the questions in the VISa form "Have you applied for immigration before" or similar?
 
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I thought that as long as you haven't filed an I-140 or I-130, it's OK to apply for ANY non-immigrant visa.

From the posts above, looks like it's been established that even if you openly demonstrated immigrant intent, you can still get a H1.
 
Yes, H and L visas are "dual intent" so even if your visa application form shows that you have filed I-140 or any other immigrant petition, there is no problem at all. Of course, B and F visas don't enjoy dual intent.
 
If your labor cert. has not reached the INS stage, can't you still apply for a B or F visa - or is that pushing it??
 
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