Advice /Immigration Query

[rags007]

Hi Guys

My first post

I would like advice on few immigration concerns I have as I do a change in status this year. I would appreciate any help on this aspect.

Let me set the context:

Education : US Masters

Current Status : OPT STEM Extension( 17 months )

End Date of OPT : November 2012

I need to apply for h1b this year and as you have seen the quota is running out fast.

Current Employement : I am currently employed with a consultant(desi) here which has < 75 employees and I work at the client's place. Typical Contracting positions you see. He is ready to sponsor my H1b this year.

In the meantime I was on look out for a Full time position so that it helps me stabilize and I see less issues with the visa stamping when I go to india.

I have got a full time offer from one company and they are ready to do my h1b immediately. There is another offer in the process from a different company.

Query 1: Can I apply h1b's concurrently through different companies? There is a delay in getting responses from full time employers and I could get proper info from them in only next two weeks. but the numbers in h1b are moving fast and my curent employer wants to apply for h1b now.

Query 2 : In consulting I can be on bench even I have out of contracts or my position at the client is terminated. In a Real Full time there is no such thing.

So say I accept a full time position now. My H1b would begin in october.

Is it true that I am eligible to do a h1 transfer only after two months of running pay checks on h1b; i.e. December ??????

From the period Starting now( If I accept the full time offer) and December if the employer revokes my h1b at any time(may be budget issues, or economy downturn). What are the options for me to stay in the country. I would be able to find another employer, but he wouldn't be able to apply for a fresh h1b since quota has completely exhausted.

Can I stil do a h1 transfer?

Do I have to transfer to F1 to stay in the country?

Do you want me to take a F1 admission and keep for the critical period between June-Dec 2012??

How else can I maintain status. That has been bothering me if taking up a new full time is too risky at this stage? After Dec even if I am laid off I can find a job in 10 days which is the stipulated time given I guess. Is this correct?

Please advice at the earliest.

[wiweq]

Query 1: Can I apply h1b's concurrently through different companies? There is a delay in getting responses from full time employers and I could get proper info from them in only next two weeks. but the numbers in h1b are moving fast and my curent employer wants to apply for h1b now.

=> First of all, make it clear that 'you' cannot 'apply' H1b. Only employers can process your H1b. Another thing, paying H1b fees by employee is against H1b regulations.

Back to your case, multiple employers can process your H1b. No problem. You need to choose at least one and need to maintain the H1b visa status by working for them, and more importantly getting paid by them regularly. Your payments stopped, your status stops.

Query 2 : In consulting I can be on bench even I have out of contracts or my position at the client is terminated. In a Real Full time there is no such thing.

So say I accept a full time position now. My H1b would begin in october.

Is it true that I am eligible to do a h1 transfer only after two months of running pay checks on h1b; i.e. December ??????

From the period Starting now( If I accept the full time offer) and December if the employer revokes my h1b at any time(may be budget issues, or economy downturn). What are the options for me to stay in the country. I would be able to find another employer, but he wouldn't be able to apply for a fresh h1b since quota has completely exhausted.

=> You can change the H1b employer even after working for 1 week for your previous H1b employer. There is no such thing like 'only after 2 months'. USCIS needs to verify your last 2-3 months stay of legal visa status. If you were in H1b, you provide paystubs to prove this, if you were on F1, you need to provide I20 to prove your legal F1 status. Nothing can guarantee to stay in this country. I was laid off after 2 months of fulltime job. I had got this job after 6 rounds of interviews! Severence and return ticket was paid! Nothing is sure!! Play the cards as time requires. But to avoid any future problems avoid "typical fraud desi consultants" company. In my last posts I have explained the symptoms of fraud consultant companies.

Can I stil do a h1 transfer?

Do I have to transfer to F1 to stay in the country?

Do you want me to take a F1 admission and keep for the critical period between June-Dec 2012??

How else can I maintain status. That has been bothering me if taking up a new full time is too risky at this stage? After Dec even if I am laid off I can find a job in 10 days which is the stipulated time given I guess. Is this correct?

=> Don't even think to get admission just to 'maintain' your visa status. Of course you can get admission and jump again on H1b in 3-4 months, but during green card process you may be asked your intention to join the school again.

There is nothing called H1b transfer. Its only H1b extension or H1b with COS. In your case it will be H1b with COS (F1 to H1b) scheduled on Oct 1st at latest.

[ronk]

It is recommended not to apply for concurrent h1b's. H1B involves money and efforts which should be used maturely. If you have two job offers decide on which job to take up. Trying to juggle between jobs with different H1B's is not a safe bet at any point. Once you are on H1B that means your F1 tenure is done. Do not try to slide back to F1. You still have time until Nov2012. Decide what you need and stick to one employer for at least one year. Please be considerate that while the employer files h1b for an immigrant, he invests money expecting to bag some profit from his/her services. If the employe leaves the company pre-maturely the employer will not encourage any more h1b's which is like sealing the opportunities for others.Importantly.. equation is simple.. Stable Career directly proportional to Stable Decisions..

[rags007]

Query 1: Can I apply h1b's concurrently through different companies? There is a delay in getting responses from full time employers and I could get proper info from them in only next two weeks. but the numbers in h1b are moving fast and my curent employer wants to apply for h1b now.

=> First of all, make it clear that 'you' cannot 'apply' H1b. Only employers can process your H1b. Another thing, paying H1b fees by employee is against H1b regulations.

Got it

Back to your case, multiple employers can process your H1b. No problem. You need to choose at least one and need to maintain the H1b visa status by working for them, and more importantly getting paid by them regularly. Your payments stopped, your status stops.

The thing was while I am applying for LCA and h1b now when I am on f1..Becasue old employer applied for LCA and new employer will follow. but I didnt want the old employer to know abt it yet.

Query 2 : In consulting I can be on bench even I have out of contracts or my position at the client is terminated. In a Real Full time there is no such thing.

So say I accept a full time position now. My H1b would begin in october.

Is it true that I am eligible to do a h1 transfer only after two months of running pay checks on h1b; i.e. December ??????

From the period Starting now( If I accept the full time offer) and December if the employer revokes my h1b at any time(may be budget issues, or economy downturn). What are the options for me to stay in the country. I would be able to find another employer, but he wouldn't be able to apply for a fresh h1b since quota has completely exhausted.

=> You can change the H1b employer even after working for 1 week for your previous H1b employer. There is no such thing like 'only after 2 months'. USCIS needs to verify your last 2-3 months stay of legal visa status. If you were in H1b, you provide paystubs to prove this, if you were on F1, you need to provide I20 to prove your legal F1 status. Nothing can guarantee to stay in this country. I was laid off after 2 months of fulltime job. I had got this job after 6 rounds of interviews! Severence and return ticket was paid! Nothing is sure!! Play the cards as time requires. But to avoid any future problems avoid "typical fraud desi consultants" company. In my last posts I have explained the symptoms of fraud consultant companies.

Thnx a lot for the info. All I was worried abt a similar situation like you, where in a joining of the company in 2 month if I loose the job, then i wouldn't be left with additional quota to move to a new employer to apply around september. So the crtical period would be between Now and september right. After october and when the h1b starts , I can immediatly do a h1 transfer If I suspect that the job is fragile.??

Can I stil do a h1 transfer?

Do I have to transfer to F1 to stay in the country?

Do you want me to take a F1 admission and keep for the critical period between June-Dec 2012??

How else can I maintain status. That has been bothering me if taking up a new full time is too risky at this stage? After Dec even if I am laid off I can find a job in 10 days which is the stipulated time given I guess. Is this correct?

=> Don't even think to get admission just to 'maintain' your visa status. Of course you can get admission and jump again on H1b in 3-4 months, but during green card process you may be asked your intention to join the school again.

There is nothing called H1b transfer. Its only H1b extension or H1b with COS. In your case it will be H1b with COS (F1 to H1b) scheduled on Oct 1st at latest.

Okay all right.. thanks a lot for your advice... that was just to keep the status. Although a little negative, I am just playing safe.

[rags007]

It is recommended not to apply for concurrent h1b's. H1B involves money and efforts which should be used maturely. If you have two job offers decide on which job to take up. Trying to juggle between jobs with different H1B's is not a safe bet at any point. Once you are on H1B that means your F1 tenure is done. Do not try to slide back to F1. You still have time until Nov2012. Decide what you need and stick to one employer for at least one year. Please be considerate that while the employer files h1b for an immigrant, he invests money expecting to bag some profit from his/her services. If the employe leaves the company pre-maturely the employer will not encourage any more h1b's which is like sealing the opportunities for others.Importantly.. equation is simple.. Stable Career directly proportional to Stable Decisions.

Thanks a lot for the advice. All I am concerned is abt the h1 b qouta running out and I dont want to cheat on any employer, but the same time I dont want the current employer to suspect me that I am looking out. My employer has filed for LCA, but I am still waiting for a few interviews results still. I dont know what to do as the qouta is runnign fast

[wiweq]

"It is recommended not to apply for concurrent h1b's. H1B involves money and efforts which should be used maturely. If you have two job offers decide on which job to take up. Trying to juggle between jobs with different H1B's is not a safe bet at any point. Once you are on H1B that means your F1 tenure is done. Do not try to slide back to F1. You still have time until Nov2012. Decide what you need and stick to one employer for at least one year. Please be considerate that while the employer files h1b for an immigrant, he invests money expecting to bag some profit from his/her services. If the employe leaves the company pre-maturely the employer will not encourage any more h1b's which is like sealing the opportunities for others.Importantly.. equation is simple.. Stable Career directly proportional to Stable Decisions.."

An employer files an H1b for their own greed, they need you! Generally, they avoid hiring H1b employee. Employee has nothing to worry about H1b fees and all. Its 'pure' business. They need you, they invest money on you; still they have 100% risk to lose the money. As I mentioned in last post, I was hired FT after multiple rounds of interviews I left the consulting work in middle and joined them; that company with 500 employees could not foresee the business loss. Just after 2 months of fulltime job I got laid off with some other early hires. They paid me severance package, business class ticket fair to return to home country and double PTO amount. They didn't need me, they laid me off. They would need again, they would hire another one either USC or H1b. In this business there is no scope of 'ethics' or ‘emotions’.

One more thing, this there is nothing like if they invest money on your H1b and you don't join they will hesitate to file H1b again. Again, if they need you, they will file it again. They choose to hire H1b employee, you can't do anything if they wish to put their money on risk!

[wiweq]

The thing was while I am applying for LCA and h1b now when I am on f1..Becasue old employer applied for LCA and new employer will follow. but I didnt want the old employer to know abt it yet.

=> Every H1b is independent. There is no way that one employer will know if some other employer is also filing H1b for you. Avoid using 'I apply LCA/ H1b'. Again, you employer files this.

Thnx a lot for the info. All I was worried abt a similar situation like you, where in a joining of the company in 2 month if I loose the job, then i wouldn't be left with additional quota to move to a new employer to apply around september. So the crtical period would be between Now and september right. After october and when the h1b starts , I can immediatly do a h1 transfer If I suspect that the job is fragile.??

=> To play safe, let the desi employer file your H1b. After Oct 1, once you are on H1b, you are free to transfer it.

Okay all right.. thanks a lot for your advice... that was just to keep the status. Although a little negative, I am just playing safe.

=> If you are planning to get GC, getting another F1 is not playing safe.

In consulting I can be on bench even I have out of contracts or my position at the client is terminated.

=> Make sure they pay you every pay cycle, even during the bench period. Payments stops, H1b status stops.

[JoeF]

Do I have to transfer to F1 to stay in the country?

Do you want me to take a F1 admission and keep for the critical period between June-Dec 2012??

How else can I maintain status. That has been bothering me if taking up a new full time is too risky at this stage? After Dec even if I am laid off I can find a job in 10 days which is the stipulated time given I guess. Is this correct?

An F1 is not for "maintaining status".

That would be abuse of the F1, and is likely to come back to bite you.

So, it is the opposite of "playing safe."

People get into lots of problems for "maintaining status" with some shady more-or-less fake university.

I suggest you forget this "maintaining status" stuff. Cut that out of your vacabulary.

Get an F1 only if you want to actually study.