URGENT- Applying for 485 - status question

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linuxrox

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Kashmir, Gurus : URGENT- Applying for 485 - status question

You can get my details here:
http://boards.immigrationportal.com/showthread.php?t=124729
In short, I was with company A which filed for my 140 and this got denied on Jan 30 2004. Then I moved to company B, got my H-1B transfer approval and filed for new Labor cert thru Company B. On May 1, my 140 petition thru A got approved and I will be re-joining A from June 1 to apply for 485.
Company A never revoked my H-1B(it is valid till July 2005). Now, for me to rejoin company A and do my 485, is the current H1-B a valid one, or do I HAVE to file for a new H-1B through A?
Does a H-1B transfer from one company to another effectively nullify company one's H-1, even if company one doesnt revoke H-1B ?

thanks
Rox
 
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You need to transfer your H-1B back to Company A. During transfers visas are not "nullified", they just change ownership. H-1B visa is a property of its petitioner (e.g. the Company), not yours, you know.
 
BitterMan said:
You need to transfer your H-1B back to Company A. During transfers visas are not "nullified", they just change ownership. H-1B visa is a property of its petitioner (e.g. the Company), not yours, you know.
Click to expand...
Thanks Bitterman.
But the company A never cancelled the H-1B. Do I still need to file for a transfer of H-1B back to my old company?
 
linuxrox said:
Thanks Bitterman.
But the company A never cancelled the H-1B. Do I still need to file for a transfer of H-1B back to my old company?
Click to expand...

I don't think you need a new H1 to re-join your previous employer IF your job at the previous employer is exactly the same as what you had before ( including salary, job description, job location, etc.)
 
nkm-oct23 said:
I don't think you need a new H1 to re-join your previous employer IF your job at the previous employer is exactly the same as what you had before ( including salary, job description, job location, etc.)
Click to expand...

It is exactly the same. Actually I had been at the same client position, and getting the contract to my H-1 holding firm changed!
Thanks nkm!
I will try to get legal advice also on this.
Any more opinions guys?
 
It is OK with old H-1B

One of my friends joined company A first with his first H-1B, then joined company B with his second H-1B, then he returned to company A and started his green card application without re-applying H-1B. He got his Green Card two years ago. From my point of view, to re-apply H-1B with company A doesn't make any sense since your first H-1B is still valid and you are doing exactly same job. Check with your lawyer, let me know what he says.
 
Attorney suggests filing for H-1 again

I spoke to my attorney (of company A) and she told that it is advisable to file for new H-1 if company B did not file for 'concurrent' H-1B!
And approval of H-1B from company B automatically cancels out my company A's H-1 it seems!

Does any one have any other views on this?
 
...approval of H-1B from company B automatically cancels out my company A's H-1 it seems!
Never heard of that one before. One is allowed to hold multiple H1's and that fact contradicts your lawyer's assertion. Get a second opinion, the lawyer might be trying to make a quick buck.
 
Don't believe her!

I think your lawyer just wants to make some easy money. If your lawyer is true, please ask her: why some big companies such as Intel files H-1B cancellation after their H-1B holder employee quit their jobs? How about someone gets a new job and starts H-1B transfer application, then 3 monthes later, the new H-1B is approved, at this time, he tells his first boss he is going to change his job, but his boss says "don't quit, I will give you more money"; so he changes his mind, still works for the first company and do the same job, does he need to apply for H-1B again for the same company and same job even if he never leaves his current job for one day?
 
Your lawyer may know things we don't

I think in order to resurrect an old H1B, the old employer must have been paying you continuously - ie, they will need to pay you for the months the H1B was dormant, if they want to reuse the H1B. (I think..)
 
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talkative said:
I think in order to resurrect an old H1B, the old employer must have been paying you continuously - ie, they will need to pay you for the months the H1B was dormant, if they want to reuse the H1B. (I think..)
Click to expand...

H1 petition is owned by the employer. That ownership is not affected when an employee quits.
 
I agree with nkm-oct23

When you check your H-1B approval notice, the upper section is mailled to your employer and it says the employer should keep the orignal copy; the lower section is actually I-94 card and the original copy should be kept by the employee. So, it means the H-1B is owned by the company, not you. If it is owned by you, why do you need to apply for H-1B again for the new job? If it is owned by you, you should be able to work for everybody, just like EAD or Green card. From my point of view, if you apply for H-1B again (you know it is not renew), it means your Labor certificate and I-140 was approved before H-1B is approved, will it screw up your I-485? Logically, you must have H-1B first, right? If your old H-1B is invalid, why your Labor cetifcate and I-140 are still valid? Can your lawyer explain this?
 
sought opinions

Company A has sought opinion from two more separate attorneys. Shall let you know what they thought. For now, we prepared the H1B petition and it will be despatched tommorrow after getting response from one of the 2 attorneys.
--Rox
 
One of the reasons that the other attorney gave was that, new H-1 of company B has an extended I-94 with the filing number which shows that I moved out of company-A and hence it is advisable to file for re-transfer.
 
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