EB1OR pending and H1b problem..

E

eb2007

Registered Users (C)
I'm presently working as research associate in a University on H1b visa (active from May 1st 2008, changed from J1 to H1b). A profit company filed H1b for me and fortunately i got selected in the lottery this year. The attorney has filed my case as change of status (form I539). When she filed my profit H1b I was on J1 but now I'm on nonprofit H1b.
She mentioned to me that i can work on present H1b (University) until Oct 1 2008.
My queries are:
1) Does it means that from Oct 1st I'll lose my nonprofit H1b as she filed as Change of status or it will be still active up to expiration date?
2) I intend to work for both University (part time) and Profit employer even after Oct 1st as my Eb1 and Eb2 applications are pending with University and I don't want to leave that.
Please guide me through this tricky situation as I don't want to leave my University employer until he finds a suitable alternative. I'm desperate to keep both H1bs.
May be its not an appropriate place to post it but please help me with this situation.
Many Thanks in advance..
 
You can't keep the current University H1 since its most likely a full time one. But the University can file for a part-time H1 and those do exist and are usually granted for this kind of position. As for Eb1 and Eb2, don't worry about those. GC is for a FUTURE position. As long you intend to start working for the University once your GC is approved, you should be fine.
 
Thanks nscagony! But will I lose my University H1b from Oct 1 onwards or will that be valid even after Oct 1? Can I file an amended petition to change my University H1b to part time from Oct 1 onwards?
Do the Change of status to profit means I'll lose my nonprofit H1b?
 
Yes, the current petition will not be valid any more but you can file for an amendment. Try to find a good lawyer. The international center of your University will certainly not be able to handle this unusual situation.
 
According to immigration-law.com, "According to the California Service Center, those cases which failed to make it in the lottery will not be mailed out until June 5, 2008. Since the receipt notices for winners will also be sent out by June 2, 2008, considering the mailing time, you will not learn whether you made it probably until the end of first week of June or the second week of June 2008! Thus unfortunately, you should keep holding your breath for another month".
How did you get the information on your H1B approval. Yes, you would loose your H1B acadamic from October 1 and you need to file an amended extension.
 
Thanks for your replies!! What is an amended extension and when (in advance) should I file it? I want to work 20 h in University so is this petition should mention range of working hours (10-40 h) to be on a safer side.
Also do I have to wait for the approval of amended petition or I can continue working after receiving receipt notice for that petition.
Really I din't know that my University H1b will be invalidated otherwise I'd have taken appropriate measures. I think this is now all damage control....please guide.
I received my Receipt notice for profit H1b yesterday.
Thanks in advance
 
You must log in or register to reply here.
Top