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In desparate need of help - Please Help
- Thread starter Oct1RD01
- Start date
GCSeekerInd
Registered Users (C)
continue working but take pay later
Oct1RD01,
You can speak to ur HR people and try to work on a deferred payment basis i.e you continue to work (after 240 days of ur H1 filing) but you will receive the salary later after either ur H1 or EAD or GC which ever gets approved first.
Oct1RD01,
You can speak to ur HR people and try to work on a deferred payment basis i.e you continue to work (after 240 days of ur H1 filing) but you will receive the salary later after either ur H1 or EAD or GC which ever gets approved first.
can work if even h1 pending > 240 days
Hi,
My case is my old H1 expires on 12/12/2003 as well as I-94,
I have changed employer, my new emp filed H1 ext. in Oct 2002,
and I started working from oct 2002 as soon as I got my H1 ext.
filing notice. My H1B ext is still pending with CSC and its more than 300 days (from oct 7 2002). I Talked to my lawyer about this
240 days rule, and I was told that as long as we have H1b filing notice and H1b ext is pending, no problem at all. At the same time in OCT 2002, I have filed my labor with this new emp and got approved, recently filed 140/485/ead/ap for me and spouse too.
so I dont think any problem of 240 days rule as long as ur H1B ext is pending with INS and you have H1B filing or receipt notice.
thanks
sreeni
Hi,
My case is my old H1 expires on 12/12/2003 as well as I-94,
I have changed employer, my new emp filed H1 ext. in Oct 2002,
and I started working from oct 2002 as soon as I got my H1 ext.
filing notice. My H1B ext is still pending with CSC and its more than 300 days (from oct 7 2002). I Talked to my lawyer about this
240 days rule, and I was told that as long as we have H1b filing notice and H1b ext is pending, no problem at all. At the same time in OCT 2002, I have filed my labor with this new emp and got approved, recently filed 140/485/ead/ap for me and spouse too.
so I dont think any problem of 240 days rule as long as ur H1B ext is pending with INS and you have H1B filing or receipt notice.
thanks
sreeni
ThakurSahab
Registered Users (C)
Kankan....
The 240 day rule has been there for quite sometime, am not sure if changed recently. About your status you may want to talk with your attorney again, I know my attorney mentioned about it when I talked to her a month ago and same rule was relayed to my friend by his attorney in CA in April of this year.
Do a search on Google and you will find various link with this information , here is one such link.......
http://www.youngjohn-visa.com/page15.html
****************************************************
Portability of H-1B Status: H-1B nonimmigrants may change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission. This section allows a beneficiary of a petition to change employers to begin the new employment upon filing of the petition, rather than waiting for the petition to be approved. The petition must be nonfrivolous, and the beneficiary must be a nonimmigrant admitted to the U.S. (no particular nonimmigrant category is specified, but the individual must have been previously issued an H-1B visa or otherwise provided H-1B status), must not have been employed without authorization before the petition was filed. (An employer fulfilling the I-9 verification requirement for a 'ported H-1B' should consider the analogous 240-day grace period of 8 C.F.R. section 274A.12(b)(20), which authorizes employment with the same employer for up to 240 days after an extension petition is filed. In both circumstances, the employment is authorized but there is no provision on the I-9 form for the documentation of this fact. Thus, employers may want to follow whatever documentation procedures they use for the 240-day grace period.)
The 240 day rule has been there for quite sometime, am not sure if changed recently. About your status you may want to talk with your attorney again, I know my attorney mentioned about it when I talked to her a month ago and same rule was relayed to my friend by his attorney in CA in April of this year.
Do a search on Google and you will find various link with this information , here is one such link.......
http://www.youngjohn-visa.com/page15.html
****************************************************
Portability of H-1B Status: H-1B nonimmigrants may change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission. This section allows a beneficiary of a petition to change employers to begin the new employment upon filing of the petition, rather than waiting for the petition to be approved. The petition must be nonfrivolous, and the beneficiary must be a nonimmigrant admitted to the U.S. (no particular nonimmigrant category is specified, but the individual must have been previously issued an H-1B visa or otherwise provided H-1B status), must not have been employed without authorization before the petition was filed. (An employer fulfilling the I-9 verification requirement for a 'ported H-1B' should consider the analogous 240-day grace period of 8 C.F.R. section 274A.12(b)(20), which authorizes employment with the same employer for up to 240 days after an extension petition is filed. In both circumstances, the employment is authorized but there is no provision on the I-9 form for the documentation of this fact. Thus, employers may want to follow whatever documentation procedures they use for the 240-day grace period.)