Utilizing prior H1

[manu81]

Hi Gurus,

I understand this is not the right forum but truly appreciate your response.

My spouse had been working with Company A for about 6 years. She changed to company B and got a 3 year extension till Apr 2016 based on company A's approved I140 petition. Subsequently, company A revoked the petition. Her employment with company B ended after 8 months, and she has been on H4 since. She got a job offer from company C
1) Would she now be able to transfer her H1 to Company C and work till Apr 2016?
2) If not, would she be able to re-use the petition with company B till Apr 2016? i.e. can she transfer from H4 back to H1 now with company B itself?

Thanks a lot for your advice.

[Kanmani]

Hi Gurus,

I understand this is not the right forum but truly appreciate your response.

My spouse had been working with Company A for about 6 years. She changed to company B and got a 3 year extension till Apr 2016 based on company A's approved I140 petition. Subsequently, company A revoked the petition. Her employment with company B ended after 8 months, and she has been on H4 since. She got a job offer from company C
1) Would she now be able to transfer her H1 to Company C and work till Apr 2016?
2) If not, would she be able to re-use the petition with company B till Apr 2016? i.e. can she transfer from H4 back to H1 now with company B itself?

Thanks a lot for your advice.

Manu, welcome to the forum!

1. No
2.No

Reason: To proceed with (1) or (2), she has to support her H1b extension documents with the I-140 approval notice, which has been revoked long back. There is nothing called 'transferring ' H1b, technically it is considered as a new petition, which needs an approved I-40 beyong 6 years of H1B employment.

[qesehmk]

Hi Gurus,
When will the new inventory release?
thanks
I believe we should see something in late jan or Feb for Q1 2015 USCIS year.


Spec,Q and other gurus,

Forgive me for my ignorance. I was looking at trackitt I-140 data for EB1C from October 2014 to Jan 2015 based on USCIS received date and found that to be very less (1/4th) when compared to the data from October 2013 to Jan 2014.

Is that because people update trackitt very late and may show up in coming months or has the Eb1C filings reduced?
Not all people track their data in trackitt. People who are not backlogged are much less likely to track. Generally those who are backlogged but are now close to getting GC are more likely to track.

As a result the data is not only partial (which still can be useful if you sample) but the bigger problem is that density of applicants varies over years of PD. It becomes thicker and thicker as dates near. This makes it difficult to generalize and predict.



Manu, welcome to the forum!

1. No
2.No

Reason: To proceed with (1) or (2), she has to support her H1b extension documents with the I-140 approval notice, which has been revoked long back. There is nothing called 'transferring ' H1b, technically it is considered as a new petition, which needs an approved I-40 beyong 6 years of H1B employment.
Kanmani - won't she be able to use the already approved H1 with B? That should be possible ... isnt it?

[Kanmani]

Kanmani - won't she be able to use the already approved H1 with B? That should be possible ... isnt it?

Q,

She is currently in H-4 status, to start employment with company B, she needs a change of status. In case of H-4 to H1 change of status, the application is H1 renewal petition itself, which needs I-140 approval beyond initial 6 years of H1B.

H1 -------> H4 uses different petition ( form I-539 for changing status )

[qesehmk]

Q,

She is currently in H-4 status, to start employment with company B, she needs a change of status. In case of H-4 to H1 change of status, the application is H1 renewal petition itself, which needs I-140 approval beyond initial 6 years of H1B.

H1 -------> H4 uses different petition ( form I-539 for changing status )
Perhaps she can acquire status by traveling out and entering on the current H1 visa she has with B?

[Kanmani]

Perhaps she can acquire status by traveling out and entering on the current H1 visa she has with B?

Yes. That's a good idea, provided she already possess a valid Visa stamp.

Stamping H1b visa cannot be assured, technically I-140 approval notice is the key, under the circumstances of revocation, she may be inquired about that in the interview.

Manu- Please take this conversation as an initial opinion and consult an attorney on what needs to be done for restoring her H1b status.

[qesehmk]

Thanks Kanmani. I moved this discussion over here in its own thread.

[nkurup]

I would like to know if I leave 2-3 weeks from our current h1b without completing 6 years,can I apply for a new h1b in cap without staying abroad for a year.