Recording available for download for Dec 1 Conference Call

[monica1]

Recording available for download for Dec 1 Conference Call.

http://www.immigration.com/free-community-conference-calls

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Conference Dial-in: 1-712-432-3066
Conference Code: 531023
Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
NEXT CALL DATE: Dec 15, 2011

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NOTE: This call does not mean that we have agreed to represent you or that there is an attorney-client relationship between us. This is merely a community service. You should discuss the specifics of your case with the attorney representing you.

 

[bvin2k]

L1 to H1 transfer CAP EXEMPTION using old approved H1 which I never used

Hello,

I am currently on L1 B with Company A working since Aug-2007. I had an approved H1 B petition with Company B. This H1B petition was valid from Sep-06-May-09 so at this point of time its expired. But this petition I NEVER used and I always worked on L1B with Company A. I never had H1 visa stamp in my passport and was never on H1B status.

Now Company C wants to file a new H1B for me. For some reasons the Company C missed to file before the FY2012 H1B CAP reached. In some forum I have read if somebody is already CAP counted in last 6 years then that CAP can be used to file a new H1B petition anytime during 6 years. My question is :

1> Can the Company C file a new H1B(COS from L1) referring to Company B's H1B and get the CAP Exemption for me ? Is there a USCIS policy which I can point them to use for this?

Awaiting quick response.

Thanks.

 

[archie396]

H1-h4-h1

Hello Rajiv,

I have a few questions regarding visas:

- I moved from India to US and started working from Oct 2008 on H1(considered as part of quota). Valid till Sept 2011
- Lost my job in March 2011. Currently on H4.

Q1. Now if I get a job, can the company file petition anytime before April 2012 (not part of quota) or do we have to wait till April 2012 for the new quota to begin?

Q2. If the petition can be filed anytime before April 2012, when can I start working?
- as soon as I129 petition receipt is received from USCIS?
- only after petition is approved and I receive the I797?
How much time would each of the above take if done with or without premium processing?

Q3. If I get a new H1 anytime, how long would it be valid? Would it include the H4 period I was in?

Q4. If my petition can be filed only in April 2012, do I have to wait till Oct 2012 to start working?

Q5. I seem to have lost quite a few opportunities just because I require H1 sponsorships.
a. Why is H1 transfer preferred over H4 to H1?
b. Does H4 to H1 cost more than H1 transfer?
c. Is there anything I can suggest or do to negotiate with the employer. For eg, can I use an external attorney to process my H1 on behalf of the employer thereby saving the company the cost?
d. In one case, as a last step I had an interview with the company HR responsible for H1 processing. I had to furnish details about my previous company which has originally sponsored H1 for me, the kind of work I do, and that I was on H1 previously. They rejected saying that visa is the issue. Is there anything additional that they are looking for which has become a dis-qualifier?

Thanks in advance for the clarification.
Archana

 

[sgoyal.libra]

OPT expiring on Feb 28, 2012 and need to file H1B for FY2013

Hello Rajiv,

I comleted MS in Computers Science from Umiversity of Missouri in July, 2009.
I am currently working on OPT extension expiring on Feb 28, 2012. My employer delayed my application and it reached the USCIS yesterday and H1B quota already finished last week. Only option i have is to file H1B again next year in April 2012 and my current employer is ready to do that.

I have few question how i can maintain status to work for my current employer without any interruption, need some clarification on these :

1) H1B cap Gap Extension - It requires to send the documents to USCIS for H1B while on OPT and then DSO extends the OPT till Jun1 and then till Sep 30 if reciept approval notice comes. But my OPT expiring on Feb 28 and I cant send the documents before April 1. Is there any way can i use 60 day grace period, then get OPT extension from DSO ?

2) Enroll in some college and get full time CPT in jan till september 30, 2012 and then work on H1B from October 1?
My employer will file new H1b again in April 2012. What will be the status once H1b gets approved, will it be H1B or CPT from date of approval till September 30 ?

3) Any other way to stay on work status from March 1 till september 30.

Thanks and waiting to have your optimistic reply.
Saurabh Goyal

 

[manish_13]

H1b/ead

If i file 485 and is pending, EAD is pending, can i change employer through H1 transfer?If yes, will it create problems with 485 filing.

Is AC21 portability applicable before 180 days?

Can i stay without a job after filing 485? Does it affect my status?

 

[b.sundar]

Company A got Acquired by Company B

Hi Rajiv

I work for a company A and it got acquired by Company B. What will happen to my H1 sponsored by Company B.
Company B is willing to keep me with the same role and title.

 

[bhati]

OPT/EAD and Client Letter Questions.

Hi Rajiv,
Namaste. Please see my questions below.

I completed my masters degree (F-1 Visa) from US university in 2003. After I completed my masters degree, I applied for OPT (Optional Practical Training)/EAD (workpermit). INS at that time issued me 1 year OPT/EAD. However, I could not find a job and did not work on that OPT/EAD. I am planning to go to India for my H1-B visa stamping.

(1) Could you please advise me if it create any kind of problems at US consulate?

(2) Would it cause H1-B visa denial if I mention this to Visa Officer at US consulate?

(3) Regarding client letter, kindly advise me if a client letter is a mandatory document for H1-B visa stamping at US consulate?

(4) If client letter cannot be given at the time of interview to Visa Officer, would Visa Officer (VO) deny H1-B visa right away, or would VO issue 221 (g) and ask that client letter be submitted and upon which visa will be issued? Please note that my company is not EVC model. My company (100K employees) has direct relationship with client without any vendor.


Thanks,
Bhati.