H1 mess

P

probkid

Registered Users (C)
Hi,

I am currently working voluntarily at a company. The company is not great place to work but they have promised to file for my H1 in april 06. I do not want to work for this co. in the long run but I do want to apply through them in april so that I don't miss out on the quota (i missed last year by 2 days!)

my question is that if I get a job at another company either while the processing for this company's H1 is ongoing or is completed, but after the visa quota is over then what are my options.
1. Can I apply for H1 through the new company before october 06? (since my first filing would have locked in my number in the quota)?
2. or do I have to wait till October and work for this co. before I can apply thru another co?

Please advise. I want to plan my job search based on what the answer would be.
 
If you are "working" with H4, question is not just whether you can transfer your H1, but you may face more serious consequence. Illegal work is way more serious than just being out of status or a little overstay.If you want H1, you should quit working today.
It is probably possible to transfer H1 to new company once it is locked. I guess some of forum members should have tried it and they can probably tell more.
 
Last edited by a moderator:
voluntarily

as u work voluntarily (no pay /no salary)
there is not a problem for you to get h1 to be done.
one more u can tell u r existing company to file you h1 and mean while u can find another company which will ready to file u r h1. as both days start from 1st october u can joind any company
and u can file as many h1 as u can there is no bar on it
(it is personal eperience might be wrong )
 
pemjit said:
as u work voluntarily (no pay /no salary)
there is not a problem for you to get h1 to be done.
Click to expand...
if somebody reported it to USCIS, s/he will have very hard time to get H1.
 
On the same note - how much of overstay is acceptable once H1B visa has expired, if stay is absolutely required to get rid of stuff, close with lease etc.

GotPR? said:
If you are "working" with H4, question is not just whether you can transfer your H1, but you may face more serious consequence. Illegal work is way more serious than just being out of status or a little overstay.If you want H1, you should quit working today.
It is probably possible to transfer H1 to new company once it is locked. I guess some of forum members should have tried it and they can probably tell more.
Click to expand...
 
imhelp2006 said:
On the same note - how much of overstay is acceptable once H1B visa has expired, if stay is absolutely required to get rid of stuff, close with lease etc.
Click to expand...
In theory, less than 180days overstay does not trigger 3/10years entry bar.
BTW, if POE officer is good enough, they give you H1 period + 10 more days on I94.
 
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