H1 visa : Future plans and strategy, pls advice

K

katarnaak

Registered Users (C)
Hello,

I am currently in L1B extension (visa expired but petition got extended till Jan 2008) working in US

I am thinking of applying for a H1 visa in april 2007. Assuming that I get H1 approval in Sept-2007 and I leave for India on vacation september/october.

Can I come back to US on H1 in Feb-2008 ?

Can the H1 be valid till feb 2008 WITHOUT TAKING UP ANY JOB from oct-2007 to feb-2008 ? (or in other words can the visa wait that long for me to take up the job)

thanks in advance for the response.
 
I am not a lawyer but this is what I think

If you are applying for a change of status within the US then you will get an H1 visa with your I 94 card in it. You will need to get the H1 visa stamped on your passport.
Normally I read in the H1 faq that there is a 60 day timeframe in which you have to join your employeer. So I guess you will be beyond the time frame and cannot do so..
Thanks
 
Willy_gc,
I disagree with you here. I do not think there is a 60 day [if there is some, it should be higher, probably few months] timeframe in which you have to join your employer. If he wishes, he could be with his L1 employer till Feb 2008 and then join the H1B employer. Can you let us know where you read about the rule that talks about the 60 day timeframe. I have had friends who have even waited till March before joining the H1B employer.

Thanks, asrinivask

willy_gc said:
I am not a lawyer but this is what I think

If you are applying for a change of status within the US then you will get an H1 visa with your I 94 card in it. You will need to get the H1 visa stamped on your passport.
Normally I read in the H1 faq that there is a 60 day timeframe in which you have to join your employeer. So I guess you will be beyond the time frame and cannot do so..
Thanks
Click to expand...
 
Only one thing I personally feel is katarnaak that you should join the H1B employer before you leave the country, obtain few paystubs on the new employment and go for stamping.

katarnaak said:
Hello,

I am currently in L1B extension (visa expired but petition got extended till Jan 2008) working in US

I am thinking of applying for a H1 visa in april 2007. Assuming that I get H1 approval in Sept-2007 and I leave for India on vacation september/october.

Can I come back to US on H1 in Feb-2008 ?

Can the H1 be valid till feb 2008 WITHOUT TAKING UP ANY JOB from oct-2007 to feb-2008 ? (or in other words can the visa wait that long for me to take up the job)

thanks in advance for the response.
Click to expand...
 
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