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My friend who is currently working for a IT consulting firm has applied for H1B transfer to a direct hire position with a leading healthcare co. He is currently maintaining H1B status, working and getting paid.

He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.

Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?

Thanks much!!

Hi,

My H1 is expiring on 31st March. And my employer applied for I129 which is recieved on 3rd Feb.; in case I do not get approval from USICS before/on 31st March, CAN I stay in USA & work?
And my DL is also expiring on same day but DMV is not ready to issue new DL until I get new approval. How can I get DL if I do not get approval doc by 31st macrh.
Is there any chance I do not get H1 approval (even after 31st March)...

regards...

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My friend wants to buy a cat which one should he get black or white.

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Mine too is LC substitution case.
EB3-India-NSC-140- PD:April, 2004 - ND: 05/08/2007
Last LUD: 05/21/2007

Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?

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Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.

I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.

In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.

Thanks for your time guys.

Please..request that only those with personal experience with this respond. I have to decide in the next hour or so and have lawyer opinions already.

Has anyone gone through this?

My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.

Yes, I would really appreciate that!

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Thanks for quick response.
I still do not know wat is query is. My employer hasnt received the details of query yet.
looking at the worst side, wat if the H1 tranfer Denied/rejected. Can i ask Company D to file for a new H1?

We have in our contract with our strategic counsel that no part of our payment to them, will go to any political fundraisers. This issue was ironed before we even started asking for money. We could not have risked our careers. Our Contributers are also very smart as you are so they made sure they are doing everything withing the boundries of law, as you're doing. It is appreciable!!!

What is the expiration date for her current H-4 I-94?

Jun 10 2009

After Employment Green Card wait 5 years.

After Family Green Card wait 3 years only


Why?

Why Family Green Card less wait time?

If he went on vacation after getting the AP then ask him to use the AP to get back . He can still maintain his H1 status even if he comes back on AP.

can you please let us know your PD?

Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .

I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.

Thanks