Everything posted by Bala16
Thanks to Murthy forum for taking questions from physicians. I am an IMG initially trained under J1 exchange program(Jul 2010-Jun 2014) followed by Conrad 30 J1 waiver job for three years(Jul 2014-Jun 2017). Currently I have a H1B transfer petition(change of employer) pending with USCIS since May 30 2017(filling date). RFE was requested by USCIS in Sep 2017 and required documents submitted by my employer on Dec 1st 2017. As of today my petition is still under processing. My questions are 1. Current petition was filed as H1B transfer before the expiry of my J1 waiver H1B Visa with my previous employer. In this situation will the '240 day rule apply'? I couldn't find this information in USCIS website for H1B transfer petition. USCIS clearly explains that employee with pending H1B extension petition with same employer cannot work after 240 days. Does the same rule apply to a H1B transfer petition with a new employer. Please explain. 2. If the 240 day rule is applicable to my situation, what are my options at the end of 240 days. a) stop working and wait for the petition to be approved. Or file a H4 EAD based on my spouse I140. b) is there an option to convert the pending application to premium processing now to avoid further delays (premium processing was temporarily closed in May 2017 as you remember) 3. My employer(physician) filled the petition himself with out going through an attorney. Now he is considering contacting USCIS via e-request to check on delay status. Is it a good idea to do it now. Was it a wrong move by my employer to apply without an attorney which might be causing the delay. Hope you could find time to answer my questions. Thanks again.
Bala16 posted a topic in J-1 WaiversHey I am a physician currently working on a J1 waiver position with H1B visa. I will be finishing my three years waiver requirements in June 2017. I am in the process of looking for my next job which will require H1B sponsorship. My questions are 1. If I am successful in finding my next job, can I process my next H1B visa application while I am in my current job. Or do I have to complete the waiver position (June 2017) and obtain a waiver completion certificate from the State where I am currently working before I can apply for the next H1B visa. Is the completion certificate a must document for next H1B application? 2. Can I work in a 1099 position with H1B visa? 3. Will my H1B come under H1B cap or will be exempted? 4. Another option for me is to switch to H4-EAD based on my spouse H1B with approved I140. Will the above rule apply for H4-EAD too (completion certificate). 5. Is it possible for you to comment on which will be the best option new H1B vs H4-EAD. Looking forward to read your reply/comments. Thanks a lot in advance.