H1b 2017

[itsonlydips]

Dear All,

I am awaiting approved H1b for 2017 which I applied from a different employer and got selected in lottery, I am in US and working under L1 visa. I have few question

1. If my petition is approved any day after 1st October, will I be able to serve at least few days of notice to my current company , or do I have to leave my current job on that very day.

2. Is there any strict rule that either RFE or approved petition should be there before 1st October ? or USCIS can take infinite time and our hands are tied.

3. If my petition is rejected or got RFE and never pursued, can any other employer apply for my petition with cap exemption? or do I have to go thru lottery again ?

4. If my petition is approved after 1st October and I choose to stay in L1 after , how can I void H1b status(it is applied as change of status) ? If I void the H1b status, can I use the same H1 as non cap ?

Thanks
Sam

[meeunda]

Please see my response in quote

Dear All,

I am awaiting approved H1b for 2017 which I applied from a different employer and got selected in lottery, I am in US and working under L1 visa. I have few question

1. If my petition is approved any day after 1st October, will I be able to serve at least few days of notice to my current company , or do I have to leave my current job on that very day.
I guess 15 days is allowed to keep notice and transfer.

2. Is there any strict rule that either RFE or approved petition should be there before 1st October ? or USCIS can take infinite time and our hands are tied.
No, But you can do premium processing - it is needed for you now as currently the normal processing time is very long 5 to 9 months

3. If my petition is rejected or got RFE and never pursued, can any other employer apply for my petition with cap exemption? or do I have to go thru lottery again ?
Until your petition is approved, you can not use it as valid. if it is denial for any reason you have to go for lottery next year.

4. If my petition is approved after 1st October and I choose to stay in L1 after , how can I void H1b status(it is applied as change of status) ? If I void the H1b status, can I use the same H1 as non cap ?
you can go out of US and come back in L1 -
one more option - revoke you COS but that is loss and not a good idea.

Best for you is go for premium and get results faster.
HTH

Thanks
Sam

[itsonlydips]

Please see my response in quote

Thank you very much for the reply. My employer is saying that if I go for premium there are more chances that I will get an RFE than allowing it to get process as its due course.

[chetna1010]

Help on RFE

I have received RFE in H1B visa and I have been asked to submit my wife's visa status and her recent paystubs. We both are out of US currently and my wife isn't working anymore.Also,my wife's H1B and my H4 have expired and we have not filed any extension for the same.
Below are my concerns -

1. How will I submit her payslips when she isn't working? Is there a way in which this can be avoided since she no longer holds her H1B visa status and more or less my petition should now be treated as independent of her?
2. How to make my petition independent so as to avoid submitting her paystubs.
3. Do I have to apply for Change of Status?

Please respond.

Thanks!

[raghvi]

I have received RFE in H1B visa and I have been asked to submit my wife's visa status and her recent paystubs. We both are out of US currently and my wife isn't working anymore.Also,my wife's H1B and my H4 have expired and we have not filed any extension for the same.
Below are my concerns -

1. How will I submit her payslips when she isn't working? Is there a way in which this can be avoided since she no longer holds her H1B visa status and more or less my petition should now be treated as independent of her?
2. How to make my petition independent so as to avoid submitting her paystubs.
3. Do I have to apply for Change of Status?

Please respond.

Thanks!

Why hijack an existing thread? Please post a fresh thread.

[raghvi]

Thank you very much for the reply. My employer is saying that if I go for premium there are more chances that I will get an RFE than allowing it to get process as its due course.

If RFE is issued it will eventually be even with Normal processing. You are only accelerating that process by applying in premium. Remember, your interest need not always match employer's interests and vice versa. Seeing your current situation its in your interest to upgrade to premium and get result before H1 gets approved as COS as post COS to H1 approval it is illegal to work for L1 employer.

This is my opinion not legal advice.