Urgent: H1B petition query (F1 to H1). New H1B petition with new Employer possible??

[Praveenj]

Hi All,

This is my friend case:

Currently he is working on OPT and his OPT end date is 06May2012. He is working with Employer A for client A and he is on E-V-C model.

He filed his H1B through current Employer A 15 days back and got queries!!! The bad luck is, his project with Client A is going to end on 07May2012 and not getting extended!! So, his current employer A is not interested in replying for queries raised by USCIS and said helpless!

Now the question is,

1. Can he apply his new H1B petition through new employer B, even though the current H1B petition is on hold because of queries?

2. If Yes, we should have to file the new petition before his OPT end date i.e. 06May2012 (or) any time before July 20 ( as july 20 is the RFE response date mentioned by USCIS)?

Plz reply ASAP, as you suggestions are very valuable...

Thanking you in advance....

[wiweq]

1. Can he apply his new H1B petition through new employer B, even though the current H1B petition is on hold because of queries?

=> Yes, employer B can file H1b for him. Make it clear that every time it's new H1b processing and doesn't influence other h1b processing.

2. If Yes, we should have to file the new petition before his OPT end date i.e. 06May2012 (or) any time before July 20 ( as july 20 is the RFE response date mentioned by USCIS)?

=> Nothing to do with RFE for first H1b. Make sure to file new H1b before expiry of OPT to use cap-gap facility.

[Praveenj]

Thanks Wiweq

[JoeF]

Of course, it is not "your friend's" case. It is your own case.

If it was "your friend's" case, your friend could post himself...

Please stop this rather obvious fake "my friend" stuff... Everybody knows that it is really for you...

[wiweq]

"Of course, it is not "your friend's" case. It is your own case."

=> How does it matter to us :)

We are free to choose to answer the question or ignore.

[Praveenj]

Hi JoeF,

I no need to prove that its for my Friend. If it is for me, I dont wait to reach till this point (do or die!). I am the active member since 2009 in this forum and if you see my 1st post in 2009, u will come to know its for me or my friend :-)

Before commenting, plz look into the past also!! I got my H1B in 2008 Dec :-))

Plz look into below post, what I did few months back abt my GC :-))

http://forum.murthy.com/index.php?/topic/35607-gc-eb2-am-i-eligible-edu-32-exp-6-yrs/page__p__130910#entry130910

Is this enough for u??

Be professional!! Till today I give so much respect to u becas of all your previous posts!!

[wiweq]

"Be professional!! Till today I give so much respect to u becas of all your previous posts!!"

=> Of course the post is for your friend, but I would encourage your friend to post in forum him/herself. I reply in the hope of update and I think the poster him/her can update better than friends.