Planning to switch employer, need some advice

V

venu_dvmr

Registered Users (C)
Hi,

I have seen a lot of similar question being answered by many ppl and the guru himself in this forum.
But still I have few questions and I hope some one will answer them.

As i am planning to change employer,

1st Visa was issued 01/09/2001 - 10/01/2003 2yrs 9 months (mm/dd/yyyy)
2nd Visa was issued 10/01/2003 - 10/01/2006 3yrs
---------------
In total issued 5 Yrs 9 months
---------------

Q1: My first visit to USA was on 12/20/2001 so I did not used 11 months of my H1B, so can I recapture those 11 months + 3 months
when my new company is applying for my H1B ? ie., instead of 10/01/2006 it should be 11/01/2007 can i claim back ?

IF Q1 answer is NO then

Q2: My new company will be applying for Labor under PERM (EB-2), and I except a positive result how soon can I apply I-140 and 485 I am sure
the process is going to take 6 months or more. So do I have to leave the USA for a year as I have applied I-140 in less than 365 days ?


Hope I am clear with my questions, please suggest me

Venu
 
venu_dvmr said:
Hi,

I have seen a lot of similar question being answered by many ppl and the guru himself in this forum.
But still I have few questions and I hope some one will answer them.

As i am planning to change employer,

1st Visa was issued 01/09/2001 - 10/01/2003 2yrs 9 months (mm/dd/yyyy)
2nd Visa was issued 10/01/2003 - 10/01/2006 3yrs
---------------
In total issued 5 Yrs 9 months
---------------

Q1: My first visit to USA was on 12/20/2001 so I did not used 11 months of my H1B, so can I recapture those 11 months + 3 months
when my new company is applying for my H1B ? ie., instead of 10/01/2006 it should be 11/01/2007 can i claim back ?
You can recapture it definitely. Only your physical presence in US only count in this calculation. IF Q1 answer is NO then

Q2: My new company will be applying for Labor under PERM (EB-2), and I except a positive result how soon can I apply I-140 and 485 I am sure
the process is going to take 6 months or more. So do I have to leave the USA for a year as I have applied I-140 in less than 365 days ?

If you are lucky the PD not retrogree, then I 140/485 can be applied togethr, if you get your interim EAD, you can use this one (no need of H1 , if you start using EAD). Hope I am clear with my questions, please suggest me

Venu
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