h1 never activated

B

Byteless

Registered Users (C)
I was wondering if someone can resolve the following:

1. I was working under TN then I won the lotter for H1 in 2007, received the I-94 approval notice in May2007 stating that the H1 will be active from Sep, 2007
2. in August 2007 I changed the employer with another TN to work in Company B.
3. in Feb 2008 I got another TN for Company B.
4. In October I filled 485 with company B approved 140
5. now if I get laid off what options I have.

Can I go back to H1? ofcourse not eligible for TN.
If I get EAD before (or after laid off) can I work for another employer if company B agree not to revoke their 140?
If I need to get back to H1, anyway to do it without going to the lottery?
Should I talk to Company A to re-hire me, as I already have their H1(i-94)? I still have good relationship with them.

please advise.
 
GotPR? said:
You should be able to get H1.
Click to expand...

how?

The response I got my my lawyer was, my H1 never activated so this time I will have new H1 with the same restriction i.e. apply in april, win lotter and then activate in october.

If I can able to get H1 without it, can someone plz. suggest me the way?

thanks,
 
Shyboy said:
how? Filing H1 petition

The response I got my my lawyer was, my H1 never activated so this time I will have new H1 with the same restriction i.e. apply in april, win lotter and then activate in october.
Not true.

If I can able to get H1 without it, can someone plz. suggest me the way?
Search I-129 on google and read what items need to be filled. You can find the check box about quotas and your employer needs to check the right box.


thanks,
Click to expand...
.
 
what about this rule "You need to have last 2 paystubs of your previous employment to get your H1B transferred to new employer".

I never worked for Company A on H1, they were my sponsor for H1 but I left that company before H1 activated.

for company B I start working for them on TN not H1.

on the above scenarios will I still eligible to send I-129 with premium processing to get another H1?

thanks,
 
Shyboy said:
what about this rule "You need to have last 2 paystubs of your previous employment to get your H1B transferred to new employer".
you don't need pay stubs from A because your previous employment was not with A, but you may need pay stubs from B..

I never worked for Company A on H1, they were my sponsor for H1 but I left that company before H1 activated.

for company B I start working for them on TN not H1.

on the above scenarios will I still eligible to send I-129 with premium processing to get another H1?
yes

thanks,
Click to expand...
.
 
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