h1b at microsoft - urgent

A

agna

Registered Users (C)
Hi

My husband has got a fabulous offer from Microsoft, Redmond last week. He is on h1b and the 6 year period ends in November 2005. My question(s):

1. Any special considerations for INS for companies like Microsoft?

2. Or anyone knows if Microsoft does premium processing of h1b transfer which comes in 15 days?

3. What are the chances of rejection of h1b approval in this particular case?

Please let me know. Just anxious to know if everythign would be fine.

Thanks for all the help,
A
 
I dont think you will be able to extend beyond 6 years, unless you get them to file for his green card. They should probably take an already existing unused Labor Certification and substitute for him. Then they can file for I140 and I485 concurrently. Once you file for I140, you can extend h1b beyond 6 years, one year at a time. Once you file I140, you can even get EAD after couple of months. Even if you cant get LC substitution, if they start LC immediately, they might be able to finish it within 2 years and you would have time to file for 140 & 485 and extend h1b or get EAD.

You can request for premium processing, but its not gonna help anyway. As long as you have a valid I94 (with old h1b) for another 9 months or so, you can just file for h1 transfer and start working as soon as you get receipt notice.

Before joining, get them to agree to file for LC or LC substitution in 3 months or so.

I am not a lawyer and you shouldnt rely solely on my advice.
 
If MS files LC before November 2004, then also your husband can extend H1 beyond 6 years. (LC application pending for more than 1 year rule...)
 
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