vineetgsvm
Registered Users (C)
Hello All,
I have current H1b stamped and I-94 valid until 2013.
Now I'm changing job and my new employer is to file another H1B, however, it is waiting for the professional license before the H1B petition could be filed with the USCIS.
Now the current employment is to expire in a week's time even though the H1B/I-94 is valid for another 1 year!!
Would the time period between expiry of current employment ( 7 days from now) despite the valid H1B and filing of the application if it is after 7 days ( on the pretext that the professional License comes at a later date) be considered "out of status" ?
Or alternatively, because the H1B petition is still valid, the stay is valid? Of note, the current employer and the new employer are somewhat related so there would not be anything like revoking of the petition or anything!
Also, I am curious to know how would USCIS know about the end date of employment unless the person concerned informs it?
I presume the new H1B would be deemed as NEW petition and not extension of H1B? If this is the case then would this case be a case of consular processing needing me to leave the US for stamping before I could start the new job? Is Adjustment of status a possibility in such a case?
Any help would be greatly appreciated.
thanks in advance
I have current H1b stamped and I-94 valid until 2013.
Now I'm changing job and my new employer is to file another H1B, however, it is waiting for the professional license before the H1B petition could be filed with the USCIS.
Now the current employment is to expire in a week's time even though the H1B/I-94 is valid for another 1 year!!
Would the time period between expiry of current employment ( 7 days from now) despite the valid H1B and filing of the application if it is after 7 days ( on the pretext that the professional License comes at a later date) be considered "out of status" ?
Or alternatively, because the H1B petition is still valid, the stay is valid? Of note, the current employer and the new employer are somewhat related so there would not be anything like revoking of the petition or anything!
Also, I am curious to know how would USCIS know about the end date of employment unless the person concerned informs it?
I presume the new H1B would be deemed as NEW petition and not extension of H1B? If this is the case then would this case be a case of consular processing needing me to leave the US for stamping before I could start the new job? Is Adjustment of status a possibility in such a case?
Any help would be greatly appreciated.
thanks in advance