Changing job from A->B->C->D; question regarding H1b visa

1

10dulkar

Registered Users (C)
Hey guys

question is for my brother - would really appreciate someone giving me advice here:

my brother has the following job history:

worked with A for 3 years;
moved to B last july from A;
moved to C last november from B;
is planning to move to D this august.

i know i know - why so many changes - well there have been reasons...

anyway D is going to sponsor his h1b visa - but the question i have is this...

he hasnt told D that he worked for B - coz it looks suspicious and honestly its not, but you guys can understand. anyway he told D that he worked for A, took a break and then worked for C and now wants to join D...

they are fine with everything and have confirmed the offer

...now while submitting relevant documents for H1B transfer from C->D, does he need to tell the attorneys about B? or can he just submit the H1B petition for A&C and just leave out B? the reason i am asking is coz D's attorneys have asked for all previous H1Bs...

thanks in advance guys - he needs to submit all documents soon - so would really appreciate a quick answer...please let me know if i need to provide any further details...
 
10dulkar said:
Hey guys

question is for my brother - would really appreciate someone giving me advice here:

my brother has the following job history:

worked with A for 3 years;
moved to B last july from A;
moved to C last november from B;
is planning to move to D this august.

i know i know - why so many changes - well there have been reasons...

anyway D is going to sponsor his h1b visa - but the question i have is this...

he hasnt told D that he worked for B - coz it looks suspicious and honestly its not, but you guys can understand. anyway he told D that he worked for A, took a break and then worked for C and now wants to join D...

they are fine with everything and have confirmed the offer

...now while submitting relevant documents for H1B transfer from C->D, does he need to tell the attorneys about B? or can he just submit the H1B petition for A&C and just leave out B? the reason i am asking is coz D's attorneys have asked for all previous H1Bs...

thanks in advance guys - he needs to submit all documents soon - so would really appreciate a quick answer...please let me know if i need to provide any further details...
Click to expand...

Previously you no need to give that details.
Now new H1 application form asking 6 years previous H1 history. Now you have to provide this info to your attorney.
Moral : Honesty is the best Policy always
 
thanks for your response

my question is also:

what if i dont tell them about B...does INS really want to know about all the H1b;s i have held.....

also - my H1B petitions are dated as follows:

A-> upto aug '07
B-> upto aug '07
C-> upto aug '07

any suggestions!

thanks!
 
10dulkar said:
thanks for your response

my question is also:

what if i dont tell them about B...does INS really want to know about all the H1b;s i have held.....

also - my H1B petitions are dated as follows:

A-> upto aug '07
B-> upto aug '07
C-> upto aug '07

any suggestions!

You can not hide it from INS, it is a verification process, INS can very easily verify from their system.

If you do not mention in the H1 transfer application, your application may be rejected, you may be in deep trouble not diclosing the fact and giving wrong info to INS.

Purpose of asking this info is, verifying 6 years duration officially. Previously no such thing in the application form.

thanks!
Click to expand...
 
got it....that makes sense...so he should disclose it for sure!

last question...if the purpose is to calculate 6yrs....

isnt that obvious from H1B visa from A -> Aug 2001 to Aug 2007?
and from C -> Nov 2004 to Aug 2007?

how will including the petition for B help in this case?

sorry for the questions...just trying to understand the situation thoroughly....

thanks so much for your help!!!
 
10dulkar said:
got it....that makes sense...so he should disclose it for sure!

last question...if the purpose is to calculate 6yrs....

isnt that obvious from H1B visa from A -> Aug 2001 to Aug 2007?
and from C -> Nov 2004 to Aug 2007?

how will including the petition for B help in this case?

sorry for the questions...just trying to understand the situation thoroughly....

thanks so much for your help!!!
Click to expand...

Again it is physical presence from I 94, not simply from the visa stamping on the pp or H1 approval notice,

INS wants to know, which H1 you worked/stayed in US


Comp A xx.xx.xxxx to xx.xx.xxxx (Physical presence in USA)
Comp B xx.xx.xxxx to xx.xx.xxxx (Physical Presence in USA)
Comp C xx.xx.xxxx to xx.xx.xxxx (Physical presense in USA) total stay in US must not exceed 6 years if you want to exceed you should have your LC pending for more than 365 days.
If you are on a long vacation in company B (suppose 4 months), you can recapture it in the later time in companty C , H1 in 6 yr max duration.

To avoid comp C should know about comp b, have a contact with your attorney's office, provide the details to the Assistance directly if possible.
 
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