Urgent: Can I apply for H1B once interview date has been announced

P

premakannan

Registered Users (C)
Hello,

After my 6 years of H1B, I have been in India for the past year while my green card process has been taking place. Right when my interview date was announced my company in the US declared a hiring freeze. So I had to postpone my interview date until that freeze was taken off. My boss still wishes to bring me back as a contractor. I just want to know If I can go back on an H1B to another company at this stage? Am I still eligible to apply for an H1 at this stage of my GC processing?

Thank you

Kannan
 
GC is for future job

Hello,
GC is for future job. If you employer is ready to provide you a letter stating that "He would be offered the position for his amount of salary per annum after he successfully gets is permanent residency" then you can go and attend the interview.

To other readers: any suggestions please add.
 
Hello,

I just wish to know if my H1B will be approved since I had already applied for a green card. or will they reject me since I had already shown intent to immigrate because I had applied for my Green card.

Thank you
 
premakannan,

I am in similar situation. My LC is still pending and I may have to leave in couple of months due to 6 yr expiry. At what stage you had to go back to India and how long you are there ? Please let me know what would be the next steps in my case, if possible. I appreciate it and good luck to you.
spt
 
Sorry

Hello there,

Sorry I cannot guide you because I have no Idea on what advice to offer you. My LC was applied on Feb 2001 and I left US on Sept 1 2001. I had to postpone my interview date because my company has a hiring freeze. Again, I just wish to know if I can apply for an H1 since the consulate now knows that I have an intent to immigrate.

Thank you
 
Re: why can't you just get a letter

Technically, your H1 and GC are for two different purposes.. And the H1 has dual intent so you should be able to apply for a new H1.

What is important is at what stage your GC processing is at. If you have filed P3 and your consulate is about to schedule you (since you said your interview date was announced) then you may get into some dicey issues.. You WILL get the H1 BUT know this.. for your LC to be valid (and therefore your 140 and your CP), the job offer has to be open from the day that the LC was filed right upto the day that u immigrate.

So you shouldn't be telling the consulate that the company is on a hiring freeze and have withdrawn the offer temporarily !! I would be afraid that they may invalidate your IV petition and grant you a H1. Again, I"M NOT A LAWYER.

What I would do is get a letter from the employer, attend the interview and get the IV and land in the US only when they are ready to hire you (within 6 months, of course) citing the delay on your personal reasons.
 
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