H1B amendment + H1B transfer at the same time ???

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paulnews

Registered Users (C)
Dear all,

1. Can I file H1B transfer to a new employer full time job, while filing another H1B amendment on exisiting fulltime job to part time ? (The H1B transfer has been filed few days ago. But amendment has not, waiting for your advice...)

2. Should I wait for the H1B transfer to be completed first, then only proceed with amendment on previous employment ? Or, can I do the amendment filing while the transfer (premium proc) is going on?

3. If I file H1B amendment to parttime job, can I start the parttime job nature immediately after filing ? Or, I need to wait for the amendment approval ? (This helps me to decide whether premium proc is needed in this case).

Thanks for your time reading/replying. Please kindly advise...

- Paul
 
hi, tt tt

Nobody helped me :(

May be I asked wrong questions. tt tt, could you please point out my mistake ? Any advice will be greatly appreciated !!!


Thanks,
paul
 
Hi Paul,

I was in the exact same situation as you are. I've asked this question in the past and you can find it here:
http://boards.immigration.com/showthread.php?postid=422550#post422550

Anyway, I can share my experience with you. According to my previous company's attorney what I did was legal and OK, but who knows.. what I've learned in the past is what one attorney claim as legal may not be the case with some others...

1. Filed a transfer (premium) with the new company (full time)
2. After it was approved, the old company applied for an ammendment. I gave them my new H1 transfer info.
3. I already started working full time with the new employer and part time with the old employer as soon as the transfer was filed.

I think what the previous company's attorney did was to apply for a part-time concurrent employment with the new approval.

Again, I only can share my personal experience and no legal advice. So far it's been OK (I did this in early february). Hope this helps.
 
Amendment vs New Concurrent employment

Ferdie H,

Thank you so much for your reply!

I read your thread before. I am facing the following doubts:

1. If attorney file H1B amendment, it will save us $1000, vs new Concurrent Employment. Am I right ? Did your Company A attorney pay $1130 or $130 filing fee ? Please correct me iuf wrong.

2. I called INS hotline, and they said I need to wait for fullTime to partTime amendment approval before I can start with partTime. I doubt about this, but I need some advice from folks here. (Because it involves another $1000 premium proc. If not needed I would rather the company save some money.)


Thanks!!! :)
 
Sorry for the delay...

The forums were not working the last 2 days or so..
Your H1 ammendement and H1 transfer are two totally different and independent processes.
I believe that since your status is still H1..you can start working parttime once you the receipt for the ammendment request.
Also if you file the premium processing for the H1 transfer..you could get your approval in 15 days and there would be no need to work parttime ever at all.
Of course in today' economy if you could work full time at one company and part time/ weekends at another on two different H1s..you can keep your legal status even if any one company decides to terminate your job.
 
Hi tt tt,

If one has a part-time job offer in the US and a valid approval notice for the same, can one go and get an H1-visa stamp on the passport from India ? Or does it have to be a full-time offer for getting the H1 visa stamp ?

Thanks.
 
you can get a visa.

If you search this board..you can see that there are people who have got H1 visas for part time work. ( 2 part time jobs in many cases ). This used to be common 2-3 yrs ago. but I dont know how easy it is now.
 
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Thanks tt tt.

Would you know how long I can legally stay in India after getting the stamp,before I actually return to the US ? The reason I ask is because I may have to attend to certain family matters and this can take a lot of time, maybe even a couple of months or more. I have convinced my part-time employer to wait for me to start, but I don't know how much time I legally have in between getting the visa stamp on my passport and actually using it to re-enter the US. Any advice ?

Thanks.
 
the following conditions need to be satified..

1) You have valid H1 visa (preferably) from the sponsering employer.
2) You have the corresponding H1 approval notice ( I-797)
3) Curent/recent employement/offer letter that states that you will be getting paid as per the LCA.
4) Actual job offer in the USA.

I dont think there is any time limit if all the above conditions are sastified.
 
Hi tt tt,
Thanks for the quick reply. May I ask you one more question ?

Out of the points you mentioned, I will have the approval notice, offer letter with me as I have to get the visa stamp. So that is not a problem and I am hoping the visa stamping will be smooth. After getting the stamp, I may have to wait there for few months.

However, I intend to start this job after I re-enter the US, so I won't be on their payroll until after I get back. Also, I may not have my full-time job at that time, since they are laying people off and will not wait for so much time for me, even with leave of absence. So, at the port-of-entry, if they see that I am entering after let's say 4 or 5 months, they may ask for pay stubs (from either employer), but I would have just the offer letter to prove that I have the part-time job waiting for me. The pay stubs from my full-time job may even be many months old and the part-time offer letter too will be dated many months old. Can this be a problem or a reason to deny me entry ? Is there a solution ? Please guide.

Thank you very much,
Best regards.
 
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