H1-B Period Question

[malikrishna]

Hi,

 

In H1-B was valid from 15-NOV-2006 to 14-NOV-2009 with company X. As my employer X was not ready to extend and find employment for me.  I had to come back to India on 11-NOV-2009. Since then i am working in India.

 

Now Company Y in US is ready to file my H1 and they asked all my Previous H1 docs, i129/i797 etc and said they will file H1 and said they i wont come under H1-B quota(Lottery). They said they will file H1 Premium. for all these they are not changing any thing.

 

Is this possible to file or re-initiate new H1 based on old H1-papers? dont i come under new Quota or (Lottery)

 

Please answer.

 

Thanks

Bala

[jairichi]

Hi,

 

In H1-B was valid from 15-NOV-2006 to 14-NOV-2009 with company X. As my employer X was not ready to extend and find employment for me.  I had to come back to India on 11-NOV-2009. Since then i am working in India.

 

Now Company Y in US is ready to file my H1 and they asked all my Previous H1 docs, i129/i797 etc and said they will file H1 and said they i wont come under H1-B quota(Lottery). They said they will file H1 Premium. for all these they are not changing any thing.

 

Is this possible to file or re-initiate new H1 based on old H1-papers? dont i come under new Quota or (Lottery)

 

Please answer.

 

Thanks

Bala

Yes, you are cap exempt and you are eligible for 6 years - time spent on H1B status in US.

[rahul412]

They said they will file H1 Premium. for all these they are not changing any thing.

What changes are you talking about??

 

Yes, you don't need to wait till April 1st, your H1 is cap exempt and can be filed anytime.

[malikrishna]

Thanks for Reply.......

[malikrishna]

What changes are you talking about??

 

Yes, you don't need to wait till April 1st, your H1 is cap exempt and can be filed anytime.

 typo its not changes it is Charges.

[jairichi]

 typo its not changes it is Charges.

Though you can pay premium processing fee all H1B fee has to be paid by employer. From your post I understand that it is the case.

[rahul412]

 typo its not changes it is Charges.

what charges??

[rpnayak80]

I'm working as Consultant at many places (in my LCA job title as  "Programmer Analyst" ) and i continued like that with my first extension and i also have 140 approved under EB3.

 

From last 2 year, I'm working as Architect/Technical Manager from project to project and also earned advance degree in US. I have asked my employer change it EB2 and change in my designation in LCA to match my current role. He convinced me to do during next extension because of the cost and paper work for this process. Now i'm due for my next extension and thinking to change job title in LCA to Technical Manager or Architect, and then porting for EB2. But my employer still has clarification what if we don't get future project role as Technical manager and if we get as Architect or vice - versa...

 

My query.

1. My current client is ready to give letter as Solution Architect as that is my role. Can we file as "Computer Software Architect" in LCA.

2. I need to start EB2 process from scratch but can i port my eb3 date.? that was filed under different designation with my current employer.

3. My this extension is based on 140 approval if i change my LCA title in new extension then will it be problem to apply with old 140 ?. ( 4 years over...done first extension after a year and second is due now after 3 years. Still 2 years left on H1B but to get 3 year extension i need to show 140 approval)

[rahul412]

It doesn't matter what's your title at client location, all matters is your title at your employer's location.

EB2 will be decided based on job descriptions, you cannot simply file for EB2 GC.