Transer from H3 to H1B visa

J

johndiht33

New Member
Hi guys,

I have just graduates and I am currently on OPT until May 2007. There is a company here that wants to file an H3 training visa for me since they want me to go back to India after the visa expires. They first claimed they want to file an H1B for me but now they changed their mind unfortunately..

However, I want to try to stay in the US and I was wondering if any of you can help me with the following questions:
1)For instance, I get the H3 visa from September 2006 to September 2008, can I still apply for H1b in April 2007 with some other company even though I am on H3 at that moment? Would my status on H3 obstruct me getting H1B visa in any way?
2)If I get the H1B approved with some other company, can I still stay and work with company that filed H3 for me until October 2007 when I get my H1B?
3)Can company that filed H3 for me some time ago find out that I filed an H1B application with some other company ??

Please let me know what you guys think … Any help is welcome.
Thanks in advance,

John
 
johndiht33 said:
However, I want to try to stay in the US and I was wondering if any of you can help me with the following questions:
1)For instance, I get the H3 visa from September 2006 to September 2008, can I still apply for H1b in April 2007 with some other company even though I am on H3 at that moment? Would my status on H3 obstruct me getting H1B visa in any way?
2)If I get the H1B approved with some other company, can I still stay and work with company that filed H3 for me until October 2007 when I get my H1B?
3)Can company that filed H3 for me some time ago find out that I filed an H1B application with some other company ??

Please let me know what you guys think … Any help is welcome.
Thanks in advance,

John
Click to expand...
1) I do not find any issues, but your H3 experience is not considered your career for H1B. Obstacle is how to convince CIS to get H3.
2) Yes,
3) No
 
Last edited by a moderator:
Originally Posted by johndiht33
However, I want to try to stay in the US and I was wondering if any of you can help me with the following questions:
1)For instance, I get the H3 visa from September 2006 to September 2008, can I still apply for H1b in April 2007 with some other company even though I am on H3 at that moment? Would my status on H3 obstruct me getting H1B visa in any way?
2)If I get the H1B approved with some other company, can I still stay and work with company that filed H3 for me until October 2007 when I get my H1B?
3)Can company that filed H3 for me some time ago find out that I filed an H1B application with some other company ??

Please let me know what you guys think … Any help is welcome.
Thanks in advance,

John

1) I do not find any issues, but your H3 experience is not considered your career for H1B. Obstacle is how to convince CIS to get H3.
2) Yes,
3) No
Click to expand...

Hi guys, is it true that an individual with H-3 visa may not seek a change of status, extension, or readmission to the U.S. in H or L status until (s)he has resided outside of the U.S. for a period of six months?

http://en.allexperts.com/q/Immigration-Issues-344/H3-H1B.htm

Thanks,
 
(iv) H-2B and H-3 limitation on admission . An H-2B alien who has spent 3 years in the United States under section 101(a)(15)(H) and/or (L) of the Act; an H-3 alien participant in a special education program who has spent 18 months in the United States under section 101(a)(15)(H) and/or (L) of the Act; and an H-3 alien trainee who has spent 24 months in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15)(H) and/or (L) of the Act unless the alien has resided and been physically present outside the United States for the immediate prior 6 months. (Revised 12/4/95; 60 FR 62021 )
 
(iv) H-2B and H-3 limitation on admission . An H-2B alien who has spent 3 years in the United States under section 101(a)(15)(H) and/or (L) of the Act; an H-3 alien participant in a special education program who has spent 18 months in the United States under section 101(a)(15)(H) and/or (L) of the Act; and an H-3 alien trainee who has spent 24 months in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15)(H) and/or (L) of the Act unless the alien has resided and been physically present outside the United States for the immediate prior 6 months. (Revised 12/4/95; 60 FR 62021 )

Hi guys,

I have spent about one year in USA on H3 visa working for John deere. I have my H3 visa valid for 18 month in total. Is it possible to transfer my H3 visa to H1b before completion of 18 month? Will i need to stay outside of usa for mandatory 6 month before re entry even if i went outside of usa after 17 month & didn't complete 18 month of maximum duration in usa on H3 visa?

your reply will be highly appreciated. Thanks in advance.

-Gaurav
 
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