H1B question

R

rsushma

Registered Users (C)
Hi

I have a situation here.I was working in India till 3 months before.And in July 2004 a US company said OK to sponser my H1 and they applied in July 2004.But unfortunatly NSC was slow and we got couple of queries.And I have not got an approval yet.

But in between I got married and came to US on H4.

Its exactly 11 months since I applied for my H1 and not got any approval yet.Now my question is if at all I get H1 approval.Can I start working rightaway ? Or should I go to India and get a H1 stamping ?

I am here on H4 and I have I-94 till March 2007.Do I need a new H1 visa stamped ? or am I OK to work with just the approval ?

Great guru can you help me ? Or anyone else ?

Thanks
 
rsushma said:
Hi

I have a situation here.I was working in India till 3 months before.And in July 2004 a US company said OK to sponser my H1 and they applied in July 2004.But unfortunatly NSC was slow and we got couple of queries.And I have not got an approval yet.

But in between I got married and came to US on H4.

Its exactly 11 months since I applied for my H1 and not got any approval yet.Now my question is if at all I get H1 approval.Can I start working rightaway ? No, No Or should I go to India and get a H1 stamping ? You can go to canada and mexico too
I am here on H4 and I have I-94 till March 2007.Do I need a new H1 visa stamped ? or am I OK to work with just the approval ?

Great guru can you help me ? Or anyone else ?

You are H4, tell your sponsering company to tranfer your visa to H1 from H4 so that you can start working upon transfer and get your Social Security Number based on approved (transfer) H1 petition. (Becasue the approval will come with a I 94 at the bottom of approved H1 notice).

If you get your approval from the one 11 months old H1 petition, that is new h1, to start working you have to get your I 94 card with citation H1B (Look at your old I 94, the officer wrote H4 with that you will not get your SSN and can not work)

for that you have to get out of US and get your visa stamped in H1 and re enter to get I 94 with citation H1B to get SSn and start working.
Thanks
Click to expand...
 
Thanks a lot for clarifying my doubt.

I have another question,If I get this 11 month old Visa,can I tranfer it to a different company B ? There is this company which is ready to do a new H1 for me,but I am just waiting to see if this Old one would come up.

In case the 11 month one comes up,can I transfer it to company B ? I have not worked for company A at all so I have no pay stubs...If I am allowed to tarnsfer this old visa to company B then should I go back to India for stamping again ? Or will I get a new I-94 with the new approval.

Thanks a lot for responding so fast.Thank you.
 
rsushma said:
Thanks a lot for clarifying my doubt.

I have another question,If I get this 11 month old Visa,can I tranfer it to a different company B ? There is this company which is ready to do a new H1 for me,but I am just waiting to see if this Old one would come up.

Answer is NO. But it is advisable , let the Company B do new H1 and the same time change your status from H4 to H1. In this case you no need to go out of US to start the work.
In case the 11 month one comes up,can I transfer it to company B ?
You can not transfer ,because you are not admitted in US by H1, the approved new H1 has caveat that you have to get your visa stamped out side to start work.
I have not worked for company A at all so I have no pay stubs...If I am allowed to tarnsfer this old visa to company B then should I go back to India for stamping again ? YES Or will I get a new I-94 with the new approval.



Thanks a lot for responding so fast.Thank you.
Click to expand...
 
Oh great ,that means if I get the old visa I have to go out of US to get stamping....else if I file a new one I cannot start working till Oct 2005 right ?

hmmm looks like there is no appointment available in india till november

in case i go to canada or mexico and my h1 gets gets doesn't get stamped,then will i be able to return to US on H4 ?

also can you please tell me how much is left out of this year quota ? Is there enuf of them ? or already filled ? or the verge of it ?

what do you suggest ? what would you do if you were me ? will you apply new one ? or wait for old one ?

many companies are not ready to sponser H1 till i get a project,but I did get a project and the clients were ready to take me,but it was a high priority project and they wanted me to join in 2 weeks......applying an H1 and then SSN all that together will take atleast a month even if i do premium processing....so they said no and took someone else.....i lost a project which i had already got

so i am just wondering wht should be done...if u can help me i would be thankful.
 
another doubt...if this 11 month visa comes up...can i not do change of status from H4 to H1 ?

y is it that with old visa i have to go out of US and get stamping.....but with a new one filed i need not go out of US ?
 
rsushma said:
another doubt...if this 11 month visa comes up...can i not do change of status from H4 to H1 ?

y is it that with old visa i have to go out of US and get stamping.....but with a new one filed i need not go out of US ?
Click to expand...

Your 11month H1 is brand new approval notice with caveat , you have to get visa stamped in India May be specifically "Chennai" or other consulate name mentioned on it.

Unless you are assigned to this H1 visa by the consulate you do not have the visa on your name, just you have an approval notice. With approval notice you can not change your status.
 
Oh great ,that means if I get the old visa I have to go out of US to get stamping....else if I file a new one I cannot start working till Oct 2005 right ?

hmmm looks like there is no appointment available in india till november

in case i go to canada or mexico and my h1 gets gets doesn't get stamped,then will i be able to return to US on H4 ?

also can you please tell me how much is left out of this year quota ? Is there enuf of them ? or already filled ? or the verge of it ?

what do you suggest ? what would you do if you were me ? will you apply new one ? or wait for old one ?

many companies are not ready to sponser H1 till i get a project,but I did get a project and the clients were ready to take me,but it was a high priority project and they wanted me to join in 2 weeks......applying an H1 and then SSN all that together will take atleast a month even if i do premium processing....so they said no and took someone else.....i lost a project which i had already got

so i am just wondering wht should be done...if u can help me i would be thankful.
 
rsushma said:
Oh great ,that means if I get the old visa I have to go out of US to get stamping....else if I file a new one I cannot start working till Oct 2005 right ?

hmmm looks like there is no appointment available in india till november

in case i go to canada or mexico and my h1 gets gets doesn't get stamped,then will i be able to return to US on H4 ?

also can you please tell me how much is left out of this year quota ? Is there enuf of them ? or already filled ? or the verge of it ?

what do you suggest ? what would you do if you were me ? will you apply new one ? or wait for old one ?

many companies are not ready to sponser H1 till i get a project,but I did get a project and the clients were ready to take me,but it was a high priority project and they wanted me to join in 2 weeks......applying an H1 and then SSN all that together will take atleast a month even if i do premium processing....so they said no and took someone else.....i lost a project which i had already got

so i am just wondering wht should be done...if u can help me i would be thankful.
Click to expand...

You have more than 38K visa left for Y 2006 quota, go and get new h1 which can be also change of status from your present H4 to H1 at the same time. You can start working from Oct 2005 , no need of going out of US.
 
Can you believe ?????? That 11 month old visa got approved today June 30th I cannot believe...

Lin0421850127...i have been looking at tht number for 11 months now......my employer is yet to get the papers.....

he says i can go to mexico OR CANADA and get the stamping,though it might say chennai consulate.....

My questions are

1) Do u think it is advisable ? going to mexico or canada ? i have a MCA from India and 5 years exp from India and two B1 stampings of US.

2) also if they reject my visa ...can i come to US on H4 ?

3) What is my status now in US after getting the approval ?

4) How soon should I get the H1 done ? If I delay the stamping will i be out of status ?

I am happy that the approval came,but looks like there are more obstacles to cross :) your help is appreciated

Thanks
 
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