H1

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axm8606

Registered Users (C)
IAm working on EAD. But i applied for new H1 as per my attorney.
once i get the approval. i will sponser my wife for H4.

instead of follow-2-join which could take for ever.
 
getting H1

I am also planning a similar strategy...does anyone know if a new H1 working for the same employer, even 1 year after the first H1's expiry comes under the quota for H1-s...(i have been working with my EAD since the first H1 expired)
 
yes

based on my discussion with my attorney. it comes under
quota. since it is a new H1.



Do you know when the quota will be filled.
 
Re: yes

Originally posted by axm8606
based on my discussion with my attorney. it comes under
quota. since it is a new H1.
Click to expand...

Ask your attorney to read AC21. The act requires that INS may not count someone toward the cap if they have had H-1B status in the prior 6 years, unless the individual would be authorized for a new 6-year period of stay.
 
Tasse is correct. As long as you have not completely used up the 6 years quota you can continue for the remaining part of 6 years and are not subject to the new H1 cap
 
Hi All,

I have a question regarding the H1 Stamping. The scenario is that if i use AP for travel while i have H-1b extension approved (but not stamped) and not using EAD card for employment. Now technically i am still on H-1b status but using AP for travel. Now after entering US as "Parolee" status, can one go outside US and apply for H-1b stamp and come back as H-1b status? Anyone ever done that? Any complications with this?

Thanks
 
Originally posted by ItsComing
2hard2getGC, why do you need H-1B stamp if you are using AP for travel? :confused:
Click to expand...
Its Coming,

Thanks for replying and the reasoning is that my l I-140 hasn't approved yet and dont wanna give up on H-1b status. Now you may ask why dont i get it Stamp first and avoid using AP? Well the H-1b revalidation is taking a long time and i may have to travel abroad for work and wont have the stamp to come back thus using AP.

Well other Question is what if ur I140 denied and ppl say if you never used EAD card u will still be an H-1b holder so if not AP then you need a valid stamp for travel...

Just wanted to know if one can apply for Visa Stamp while the previous entry was "Parolee" .....

Is it possible?
 
The problem is not application for visa stamp while the previous entry was "Parolee". The question is how long does it take. It may take a few months. What will your employer say about it?!
 
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