Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
sathia

H1B question

Recommended Posts

My 1st h1b extension denied March 9 when i upgraded to premium process on March 8 , i had applied on December 2017 , SOC code 15-1211 computer system analyst 3  with Employer A .  My visa expired on August 10 2018 and my 240 days end on April 10 ,i used my h1b 3 years i am not maximum out and employer A asked me go back to India and wait for sometime and we will process h1b reapply or fresh h1b what are possible ways

Today Employer B telling me still i can continue stay in USA ,he will fill h1b transfer and with new role work with employer b.

Could you please suggest i can go with  Employer B offer continue stay in US and work with Employer B  even my 240day expired and i94 expired on august 2018 ?

Share this post


Link to post

ask yourself this question: Is employer B legally authorized to provide legal instructions to someone as it relates to US immigration law?

No.....best to contact USCIS and get the EXACT rules and guidelines from the source, not a financially interested third party (nor anyone on this site)

Share this post


Link to post
4 hours ago, Noah Lott said:

ask yourself this question: Is employer B legally authorized to provide legal instructions to someone as it relates to US immigration law?

No.....best to contact USCIS and get the EXACT rules and guidelines from the source, not a financially interested third party (nor anyone on this site)

Actually, the USCIS phone lines are not staffed by lawyers.

The only way to get legal advice is through a consultation with a lawyer.

Share this post


Link to post

it's not about legal advice, it's about hearing what the actual regs are, then consulting an attorney to make sure those regs are understood and followed...

Share this post


Link to post

Noah is usually to the point, but USCIS helplines are staffed by hourly wage contract employees who are known to provide occasionally unhelpful answers based on their mood that day. USCIS helpline is not derisively referred to as misinformation line for nothing. 

Share this post


Link to post
5 hours ago, Noah Lott said:

it's not about legal advice, it's about hearing what the actual regs are, then consulting an attorney to make sure those regs are understood and followed...

The people staffing the USCIS phone lines don't know the regs, either. They just follow scripts.

The best thing is always to consult with a competent lawyer.

Share this post


Link to post

If your i94 is expired, then you are out of status. I recommend leave the country and come back once it is approved. Of course you need to get stamping in home country.

So that you don’t have any issues at POE.

 

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×