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If my case gets declined after 26 aug , can i file for H1 transfer (using approved I-140) through employer B?
ANSWER: No. First, I should address the common mistake that there exists no such thing as a "transfer" of H1B
. Many people mistakenly refer to the process of changing employers as a "transfer," but that is a term that does not exist under immigration
laws, when referring to H1B. The technical process is collectively referred to as an "extension," even though what you really are doing is going to another employer.
Having that in mind, the same issues apply to changing employers as doing an extension - a person cannot extend his status if he has no status from which to extend.
Therefore, if, after August 26, 2013, your H1B extension was denied, then you have no status from which to change employers ("transfer") and you cannot go to another employer.
QUESTION: If not, what do i need to do for that? Will i be required to exit and come back.
ANSWER: Yes. You cannot extend (or "transfer"/change employers) if you have no status from which to do that. Once thing you might consider is having company B file the change of employer H1B. But there is a risk - if both are approved, then whichever action was last taken by the USCIS is the employer with whom you are supposed to be working. So if you truly don't want to leave employer A, I would not risk doing the concurrent H1B with company B.
QUESTION: I took 3 weeks of vacation sometime back in 2008, can i use it towards over stay?
ANSWER: You can't use it towards "overstay
," but you could have requested an extension of H1B for 3 weeks by recouping the time you spent outside the US while H1B employed. That time you can get back on the end of your current H1B. It should have been requested with the request for an extension.
QUESTION: I am filing for 485, EAD, AP through company A, who is my current employer. At the same time, my perm is getting filed with another company B, will this be a problem in anyway?
ANSWER: I'm not really sure I understand why this would be a problem. I might be missing something, but you can have two employers pursuing a green card
based process on your behalf, and it can be done while also on H1B. Also, the PERM is for a future job offer, not a current job, so it doesn't matter to PERM that you are seeking H1B with two totally unrelated companies.
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