H1B Transfer After the Case is Sent Back

[adiludm@gmail.com]

Hi All

My case is as follows. I attended H1B stamping in March 2011 in Chennai and got 221 g and was asked to submit documents and after submitting documents I got a letter stating that my case is sent back to USCIS.

I got a new employer and he applied for my H1B and I went to consulate again in OCTOBER 2011 . It was an E-V-C model so the case was sent back to USCIS again.

The consular said that you may come back when you have a direct client. Now there is this third company who wants to hire me full time.

My question is Can i transfer my prev H1 to the third company or Can my new company apply for H1. Will I be eligible for new H1 at this time.

Thanks in advance

[mf1]

You can still use same old H1 and go for transfer.

No need for new H1.

(Transfer is nothing but like a new H1 except it's not counted against quota)

[leo_maverick]

In simple words, when it comes to H-1B, there is no concept called "extension" while filing I-129. It is just that since you were already counted towards regular cap, you can absolutely have a new employer filing an H-1B petition for you anytime irrespective of H-1B quota available or not.

Good luck!

[adiludm@gmail.com]

I dont have pay stubs so my new employer is saying that he will be applying for new H1 in April. If he applies a new H1 B in April . when should I go for stamping

[h1bmo1]

Hi All

My case is as follows. I attended H1B stamping in March 2011 in Chennai and got 221 g and was asked to submit documents and after submitting documents I got a letter stating that my case is sent back to USCIS.

I got a new employer and he applied for my H1B and I went to consulate again in OCTOBER 2011 . It was an E-V-C model so the case was sent back to USCIS again.

The consular said that you may come back when you have a direct client. Now there is this third company who wants to hire me full time.

My question is Can i transfer my prev H1 to the third company or Can my new company apply for H1. Will I be eligible for new H1 at this time.

Thanks in advance

@Adil ... When consular said to come with direct client ..it mean that he is referring to EC model ?

Thanks

[ChiruUS]

Hi friend,

Can you please clarify my question ? is your new employer applied new H1B under new quota(2011) or applied under old quota (your first h1B year quota) ?

Since 2011(current year quota(65,000) already over).

Regards,

chiru

[adiludm@gmail.com]

@h1bmo1 yes he meant EC

[adiludm@gmail.com]

Hi friend,

Can you please clarify my question ? is your new employer applied new H1B under new quota(2011) or applied under old quota (your first h1B year quota) ?

Since 2011(current year quota(65,000) already over).

Regards,

chiru

yes when he applied the quota was open

[h1bmo1]

THANKS @ADIL ...FOR ME also VO asked to change my employer .. i went before with EVC planning to go for EC now..

[adiludm@gmail.com]

THANKS @ADIL ...FOR ME also VO asked to change my employer .. i went before with EVC planning to go for EC now..

I wish u luck sir.....Hope you get this time

[Prasad]

THANKS @ADIL ...FOR ME also VO asked to change my employer .. i went before with EVC planning to go for EC now..

@h1bmo1 and Adil, I have applied for a new petition after 221g at Chennai..waiting for approval..Can u guys please share ur contact details, u can get my id from my profile

Thanks

[permaudit]

@Adil - Can you please tell me what all Questions they have asked in the interview for EVC Model as I am going for stamping in chennai consulate on Jan 9th.

Any help is greatly is appreciated.

Thanks!

[adiludm@gmail.com]

@Adil - Can you please tell me what all Questions they have asked in the interview for EVC Model as I am going for stamping in chennai consulate on Jan 9th.

Any help is greatly is appreciated.

Thanks!

The questions were like

who provides u the laptop? ( it should be u r employer)

where do u sit ?

how do u communicate with your employer?

what product does your employer produce?

does that help your client