confused! having lot of questions!

[business321]

I am in India since 22 Jun 2011 for health reason. My 6 year H1 is ending in Sep 30 2012.

I have some questions, Plz help me. Sorry for asking too many questions, unfortunately, I am going through depression and getting treatment in india. I find it difficult to make clear decisions, so plz help me with your valuable inputs

1) I have plan of coming to US next month after long stay in India, what do I need to produce at Port of entry if they question me? My medical bills or employer letter…. Any proof needed?

2) If I am sent back at port of entry, can I apply for H1 under cap count next year [technically I have not entered US, am I still counted as someone who is living outside US for more than a year?

3) Do I need H1 extension receipt to continue my work after Sep 30 2012 or just application sent date is enough?!

4) Can I file H1 transfer when my h1 extension is in process?

5) If my H1 extension is rejected, will this affect my future H1 application through the same company?

6) I was outside US for almost 15 months, when I am claiming those 15 months, can I claim another 45 days that I spent on vacation outside US few years back?

7) If I file my GC under the job title System Admin and later moved to a new company with the job title system Analyst before 140 approval, do I need to start the GC process again or

can I continue the GC process with the new company as the job is in a way related (Systems Engineering). what if I moved after 140 approval, will the process remains same?

Thanks for the help!

[wiweq]

An active I797, employer letter, valid H1b visa will be enough to enter in USA.

[business321]

Thanks wiweq! Waiting for the response to my other questions!

[pontevecchio]

Does your employer know that you are planning to come over on the H1?

[business321]

yes pontevecchio

[pontevecchio]

Do you have an actual project to come to? Do you have a extrememly recent job letter? What in general is the nature of your job?

Presumably you have recapture time of 15 months plus 45 days. Hence what I do not understand is why not have the H1 sponsor file an extension for the recapture time and then you come over to start work?

[business321]

Yes I can file extension and come there, but I have to go through visa stamping process. My plan is...after coming there, in 2-3 months, to change my job. I dont want to go through stamping process again after changing my company.

I work as fulltime employee (Sys Admin).

Can I claim those lost period before coming to US? if yes, do I have to say the expected date of arrival while filing the claim? how does these things work?

[business321]

Plz somebody help!

[pontevecchio]

You do not file the H1 extension. Your employer does. Do you have a visa stamp in your passport and when does that H1 visa stamp expire?

[DontWorryBeHappy]

Please find my answers below.

1) I have plan of coming to US next month after long stay in India, what do I need to produce at Port of entry if they question me? My medical bills or employer letter…. Any proof needed?

As Wiweq mentioned, You need an active I797, employer letter, valid H1b visa will be enough to enter in USA.

2) If I am sent back at port of entry, can I apply for H1 under cap count next year [technically I have not entered US, am I still counted as someone who is living outside US for more than a year?

Yes you can since you are out of USA for more than 1 year.

3) Do I need H1 extension receipt to continue my work after Sep 30 2012 or just application sent date is enough?!

Since it's H1-B extension USCIS application receipt date must be on or before Sep 30 2012.

Start early as paper work takes some time. Usually LCA process takes 1 week. After LCA approval Attorney takes couple of more days for applying. Also apply Premium processing (costs extra $1225) you will get result in 2 weeks. For extension cases you can legally stay without valid I-94 until USCIS makes a decision or 180 days passed if USCIS doesn't make a decision.

4) Can I file H1 transfer when my h1 extension is in process?

I am not quite sure. I guess you can as long as you submit a I-797 copy to your new employer.

5) If my H1 extension is rejected, will this affect my future H1 application through the same company?

Yes/No. Yes if they apply again without any change from previous filing. No if they provide new facts to overcome previous denial.

6) I was outside US for almost 15 months, when I am claiming those 15 months, can I claim another 45 days that I spent on vacation outside US few years back?

Yes you can

7) If I file my GC under the job title System Admin and later moved to a new company with the job title system Analyst before 140 approval, do I need to start the GC process again or

can I continue the GC process with the new company as the job is in a way related (Systems Engineering). what if I moved after 140 approval, will the process remains same?

Move after I-140 approval for 2 reasons. 1) New employer gets 3 years H1-B extension if they provide the projects for 3 years. But you need to make sure your old employer doesn't revoke I-140 before new employer gets H1-B approval. 2) New employer can reuse the PD. I guess job title change doesn't matter in reusing PD.

[DontWorryBeHappy]

Move after I-140 approval for 2 reasons. 1) New employer gets 3 years H1-B extension if they provide the projects for 3 years. But you need to make sure your old employer doesn't revoke I-140 before new employer gets H1-B approval. 2) New employer can reuse the PD. I guess job title change doesn't matter in reusing PD.

One more thing your new employer must start GC from scratch i.e., PERM & then I-140. You cannot by pass that. You can skip those two steps only when you change your employer 6 months after you apply for AOS with old employer. AC21 applies then and your old employer looses control to revoke I-140. But at that time your new job needs to have similar responsibilities.

Experts kindly correct me if I am wrong.

[business321]

Thx DWBH! One more question...If I couldnt convince my employer to sponsor GC, I may find some project and transfer to some consulting company in 3-4 months after coming to US. Now...when I apply H1 transfer, will I get VISA based on the duration of the project or for the time remaining in my H1? Usually projects are 6 months extendable, even if I get client letter, most likely I will get it for 6 months, in that case, I will be having problem with GC through new company. Plz advise!

Pontevecchio:

I have visa stamped till sep 30 2012

[DontWorryBeHappy]

Thx DWBH! One more question...If I couldnt convince my employer to sponsor GC, I may find some project and transfer to some consulting company in 3-4 months after coming to US. Now...when I apply H1 transfer, will I get VISA based on the duration of the project or for the time remaining in my H1? Usually projects are 6 months extendable, even if I get client letter, most likely I will get it for 6 months, in that case, I will be having problem with GC through new company. Plz advise!

Don't worry too much about that now. First you have to get into US and apply for extension. As I see you are just running out of time for that. By now you should have been in US and you employer should have applied for extension. Longer you delay more problems you will get at POE as common sense doesn't convince POE authorities that what kind of work you will do in 2-3 weeks.

As of today you just have 3 weeks left. If you can get a H1-B extension in the next 2 weeks in premium processing. You may enter US in the 3rd week and get I-94 for the extended period. But practically it may not work out. I would suggest you talk to your employer and your attorney to discuss your course of action.

First get into US and then worry about GC. I would suggest you to find out full time employer and avoid Consulting companies as they are not going well with all the US authorities these days.

[business321]

ThX DWBH! I was actually thinking of GC, because, if I get H1 only for 6 months, I would better stay for 1 more year in India and come with new H1 next year(cycle reset).

I thought....Just H1 extension receipt is enough to work after Sep 30. So, even if the lawyer applies for extension on Sep 22-23 by PP (considering 8-9 days for LCA and other processes before filing), cant I get receipt before Sep 30?

If I am filing for H1 (claiming the days outside US) before coming to US, how will they calculate the days that I spent outside US?

I will consult a lawyer on monday, thanks for the advice!

[DontWorryBeHappy]

ThX DWBH! I was actually thinking of GC, because, if I get H1 only for 6 months, I would better stay for 1 more year in India and come with new H1 next year(cycle reset).

As I see you have 16+ months left in your current H1 cycle. Mostly USCIS approves for the same period or at least 1 year if it is properly filed. To extend beyond 6 years, worst case your employer need to file PERM 365 days in advance just to consider delays in approval. Coming to applying in next year quota, That's up to you.

I thought....Just H1 extension receipt is enough to work after Sep 30. So, even if the lawyer applies for extension on Sep 22-23 by PP

(considering 8-9 days for LCA and other processes before filing), cant I get receipt before Sep 30?

That should be perfectly fine and usually your employer will get receipt within a week or two. But as long USCIS received the case on or before Sep 30 you are good to go.

If I am filing for H1 (claiming the days outside US) before coming to US, how will they calculate the days that I spent outside US?

Your employer is not claiming the days that you are outside US. They are claiming unused period in 6-year cycle and they file extension accordingly. It's your employer responsibility not USCISs. If they file wrongly and mistakenly USCIS approves it, It's still employer fault and they face problems later on.

I will consult a lawyer on monday, thanks for the advice!

Good luck.