H1B on verge of expiration

[subm]

Hi:

My first 3 year term of H1B as well as I-94 is expiring on Sept 20th 2010. I am going for employment with a new employer who is sponsoring my H1B Renewal and Transfer. He started this process over 2 months ago. However, this new employer is not giving me any details as to what the current status is (whether the LCA number has been received or whether my H1B application has been subsequently applied for?). I am only told that his immigration attorney is working on it. Personally, with limited time left, I am not sure whether it would be done before 20th September 2010

In this situation, I am writing to find out whether
1. I have to leave US on the 20th September if I do not receive the H1B by then?
OR
While my papers are still being processed, could I continue to reside in the US without work and wait for the H1B to arrive? Once it comes, then I commence work. Is that possible since my application for H1 transfer/renewal is under process for over 2 months?

2. Do I have to leave US on Sept 20th, with all my house hold possessions? Or I could come back at a future date (say within a month) to repatriate my possessions to Canada? Likewise, what about savings in the bank - any repatriation advice on that?

FYI, self and family are Canadian Citizens.

I will be very thankful for your advice.

With Best Regards
Subm

 

[ginnu]

Hi:

My first 3 year term of H1B as well as I-94 is expiring on Sept 20th 2010.

I am going for employment with a new employer who is sponsoring my H1B Renewal and Transfer. He started this process over 2 months ago. However, this new employer is not giving me any details as to what the current status is (whether the LCA number has been received or whether my H1B application has been subsequently applied for?).
I am only told that his immigration attorney is working on it. Personally, with limited time left, I am not sure whether it would be done before 20th September 2010

In this situation, I am writing to find out whether
1. I have to leave US on the 20th September if I do not receive the H1B by then?
OR
While my papers are still being processed, could I continue to reside in the US without work and wait for the H1B to arrive? Once it comes, then I commence work. Is that possible since my application for H1 transfer/renewal is under process for over 2 months?

2. Do I have to leave US on Sept 20th, with all my house hold possessions? Or I could come back at a future date (say within a month) to repatriate my possessions to Canada? Likewise, what about savings in the bank - any repatriation advice on that?

FYI, self and family are Canadian Citizens.

I will be very thankful for your advice.

With Best Regards
Subm

if the employer has filed H1 extension and you get the H1 Transfer filing reciept from USCIS then you can work with new employer. Ask the new employer for the H1 transfer filing reciept from USCIS. USCIS must recieve the H1 transfer petition BEFORE your I-94 gets expired on Sep 20. if the new employer dont file H1 transfer and your I-94 gets expired you must go out of US Before I-94 gets expired. if employer file H1 Transfer after Sep 20th then your H1 will be denied as you will not have any status after 20th . Ask for the H1 filing reciept from new Lawyer and you will know if they have filed H1 or not. request your employer to be clear or talk to lawyer who filed H1 and lawyer can inform you if H1 is filed or not.

 

[subm]

Thank you.

Since multiple H1 petitions could be concurrently filed by different employers - what effect does a rejected petition have on other H1 petitions that are still being processed?
Also, how does a rejected H1 petition affect the individual? Does he face any issues at the border because of the rejection on one of his H1 petitions?

Your response is appreciated.

Thanks
Subm