Question on H1 extension

K

KarthiKS

New Member
I was browsing the net in search of answers to my questions and found this site and its users very helpfull. Hence posting my queries in here.

Here is my little situation

I entered US in OCT 2002 on H1 and I was here untill Feb 2005 , in between during June 2004 I had to go for an extension and my H1 was extended ( First time) . From Mar 2005 to Oct 2005 I was in India and again through my same employer came back to US in Oct 2005 and was here till June 2006.
Again was in India from July to October 2006. I came back in Novemeber 2006 as my Second term of the H1 was expiring and I applied for an extension. I just got a receipt for my H1 extension like a week back.

This being my scenario. I have a few questions
1) Will the immigration people consider my duration from Oct 2002 for the 6 yr H1 period or will the breaks ( my stay in India intermittently) be NOT considered for the 6 yr H1 duration

2) With my H1 extension reciept can I go ahead with a H1 transfer in case if i plan to switch my company

3) Is there any issue that i wait for my H1 approval from my current employer ,get H4 for my spouse and immediately transfer H1 to another employer. Will there be any issue for my spouses travel since the travel would be on a h4 which would have been obtained through my old employer.

Thanks in advance ,
Karthik S
 
Here are answers for your questions,

1) Will the immigration people consider my duration from Oct 2002 for the 6 yr H1 period or will the breaks ( my stay in India intermittently) be NOT considered for the 6 yr H1 duration

A. You are attorney should claim those days in petition otherwise immigration officer they wouldn't count.

2) With my H1 extension reciept can I go ahead with a H1 transfer in case if i plan to switch my company -

A. You can switch any number of times irrespective of your H1 receipt or approval.

3) Is there any issue that i wait for my H1 approval from my current employer ,get H4 for my spouse and immediately transfer H1 to another employer. Will there be any issue for my spouses travel since the travel would be on a h4 which would have been obtained through my old employer.

A. If you want to travel then you need the H1/h4 receipt of new employer at port of entry.


Note: I'm not a attorney so if you need to take legal advise if you need.
 
Need some urgent help


Gurus please suggest .

I am planning to apply for my wife's H1-B visa through a consulting company. But I need to know if there is any issue in pursuing the case. Here is my wife’s case detail

1. She Entered US with H4 visa on 01/2001.

2. She got H4 visa revalidated on 12/2001 valid up to 10/2003.

3. She got an H1-B approval from a consulting company, with validity from 06/2002 to 06/2005. But she could not join the company.

4. She went to India on 01/2003 & came back on 2/2003 with H4 visa.

5. She got her H4 visa extended 3 times as a dependent as follows
a. 10/2003 to 7/2005
b. 7/2005 to 7/2006
c. 7/2006 to 7/2003

The consulting company is advising us that in the light of the recent USCIS clarification on H1-B & L1 visa, she can apply for a new H1-B visa.


thanx in Advance
 
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