t******o
发帖数: 135 | 1 A little bit complicated, thanks for the patience and help!
Case:
1. My wife had her PERM/I-140 approved in Company A, with PD on 2/1/2008;
2. She joined Company B last year and also had her new PERM/I-140 approved
this year;
3. She was just laid off by Company B (but can work through 9/30/2011), and
her 6-year H1B will expire on 5/15/2012 (8 months);
4. She got a offer from Company C who will start to transfer her H1B in next
week
Question:
Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
is she out of status?
Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
first while waiting for Company C's H1B transfer's result? I am on H1B.
Q3: If we do H4 and H1B transfer at the same time, I am a little worried
about she having two visa status (Company B H1B and H4), is that a problem?
Q4: Since she had I-140 approved from Company A more than 180 days, when
Company C initiates the H1B transfer, can she get 3 years extension
automatically? What documents should we provide to Company C to support the
3 year extension? (Please be noted she has only 8 months left on the
original 6-year H1B and her PD is 2/1/2008, not current yet.)
Q5: If everything goes okay and Company C initiates the new PERM/I-140 for
her later, and her PD is carried over -- what about her PD (2/1/2008) get
current and she doesn't apply for I-485? Or there is no problem she can
apply I-140/485 together when she get the PERM approved, as long as her PD
is still current?
Thanks for the help! | s****n
发帖数: 612 | 2 i am amature, so please still consult a lawyer
Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
is she out of status?
ask company C start the transfer and put the start date no later than 2
weeks after 9/30/2011 so no gap. to be safe, just start it after 9/30/2011.
Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
first while waiting for Company C's H1B transfer's result? I am on H1B.
See Q1
Q3: If we do H4 and H1B transfer at the same time, I am a little worried
about she having two visa status (Company B H1B and H4), is that a problem?
SeeQ1
Q4: Since she had I-140 approved from Company A more than 180 days, when
Company C initiates the H1B transfer, can she get 3 years extension
automatically? What documents should we provide to Company C to support the
3 year extension? (Please be noted she has only 8 months left on the
original 6-year H1B and her PD is 2/1/2008, not current yet.)
I heard you can extend it for 3 years with this situation.
Q5: If everything goes okay and Company C initiates the new PERM/I-140 for
her later, and her PD is carried over -- what about her PD (2/1/2008) get
current and she doesn't apply for I-485? Or there is no problem she can
apply I-140/485 together when she get the PERM approved, as long as her PD
is still current?
She can file concurrent I140/I485 if her PD (2/1/2008) is current. | t******o
发帖数: 135 | 3 A little bit complicated, thanks for the patience and help!
Case:
1. My wife had her PERM/I-140 approved in Company A, with PD on 2/1/2008;
2. She joined Company B last year and also had her new PERM/I-140 approved
this year;
3. She was just laid off by Company B (but can work through 9/30/2011), and
her 6-year H1B will expire on 5/15/2012 (8 months);
4. She got a offer from Company C who will start to transfer her H1B in next
week
Question:
Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
is she out of status?
Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
first while waiting for Company C's H1B transfer's result? I am on H1B.
Q3: If we do H4 and H1B transfer at the same time, I am a little worried
about she having two visa status (Company B H1B and H4), is that a problem?
Q4: Since she had I-140 approved from Company A more than 180 days, when
Company C initiates the H1B transfer, can she get 3 years extension
automatically? What documents should we provide to Company C to support the
3 year extension? (Please be noted she has only 8 months left on the
original 6-year H1B and her PD is 2/1/2008, not current yet.)
Q5: If everything goes okay and Company C initiates the new PERM/I-140 for
her later, and her PD is carried over -- what about her PD (2/1/2008) get
current and she doesn't apply for I-485? Or there is no problem she can
apply I-140/485 together when she get the PERM approved, as long as her PD
is still current?
Thanks for the help! | s****n
发帖数: 612 | 4 i am amature, so please still consult a lawyer
Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
is she out of status?
ask company C start the transfer and put the start date no later than 2
weeks after 9/30/2011 so no gap. to be safe, just start it after 9/30/2011.
Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
first while waiting for Company C's H1B transfer's result? I am on H1B.
See Q1
Q3: If we do H4 and H1B transfer at the same time, I am a little worried
about she having two visa status (Company B H1B and H4), is that a problem?
SeeQ1
Q4: Since she had I-140 approved from Company A more than 180 days, when
Company C initiates the H1B transfer, can she get 3 years extension
automatically? What documents should we provide to Company C to support the
3 year extension? (Please be noted she has only 8 months left on the
original 6-year H1B and her PD is 2/1/2008, not current yet.)
I heard you can extend it for 3 years with this situation.
Q5: If everything goes okay and Company C initiates the new PERM/I-140 for
her later, and her PD is carried over -- what about her PD (2/1/2008) get
current and she doesn't apply for I-485? Or there is no problem she can
apply I-140/485 together when she get the PERM approved, as long as her PD
is still current?
She can file concurrent I140/I485 if her PD (2/1/2008) is current. | t******o
发帖数: 135 | 5 Thanks for your reply, may I ask you another question?
My wife's company lawyer initiated her H1B transfer last month through
regular processing, till now we haven't got the approval notice yet. When we
submitted the H1B transfer in October, her PD wasn't current.
This week her PD gets current (Her PD is Feb 2008), so I am concerned about
her H1B approval after I-140 approval.
As I heard, the condition for the 3-yr H1B extension with I-140 approval is
the applicant's PD is not current. For my wife's case, if her PD gets
current right now, what will be the H1B extension? Her 6-year H1B will end
in May 2012.
Does it help right now to expedite the H1B approval with express processing?
Thanks a lot! |
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