Remainder option? txh1b or DMX17 - Pls help

[VinayD]

I had H1B from 10/31/2005 to 06/01/2008. My employer doesn't like to extend my H1B. So I went to India in Apr 2008 and got my L1B stamping.
I entered US in May 2008 on L1B visa. My H1B expired on May 2008.

I know that I can convert from L1B to H1 by using remainder option. pls help me to get more understanding on the process.

I found employer who can file for my h1B using remainder option. He did the process once. So I am collecting more info.

1. By using "remainder option" any employer can file for new H1B petition. it will be a new petition filed by new employer which will NOT be counted in any cap and can be filed any time. To do this, I-797 copy for expired H1 petition is required as proof.

When my employer is filing for new petition, is there any where we have to specify it as "filing with remainder option"? or if we file for new h1b with old i-797 form it is good enough to say that applying with remainder option?

in simple word how CIS will identify it as "remainder option"?

2. I know that I can use PP (premium process). Can I work after filing for the h1B petition with remainder option?

I believe its NO. i have to wait till my h1B approved.

3. if I apply for L1 to H1B (using remainder option), will I get approved petition with i-94. my new employer is saying that i have to travel back to india and get my h1b stamped. Is it true?

4. if i need stamping, can i use canada or mexico for stamping?

5. My wife is on L2. Can I apply for her L2 to H4 conversion at the same time?

6. Can I apply from two employers using remainder option for H1? Does it work?

7. I read some success stories. Is there any chance that i will get rejected? any idea who got rejected and resons for it...

Thanks a lot for TXH1B and DMX17. I have been reading your postes from past one year. I converted from h1 to L1 based on DMX17 advice. I would like to come back to my H1. I need your help....please help me..

[txh1b]

1. There is no specific place to mention remainder option. If you have not used the entire L1+H1 period of 6 years, the H1b will get approved. The attorney has to clearly explain the visa entry/exit stamps that there is remaining period.
2. If you are currently on L1, you have to wait till it gets approved to work. After approval of COS, you can not work for L1 employer.
3. You can get COS and I-94. Employer is wrong.
4. Yes. If you don't have a US degree, you have to be prepared to go to home country if denied.
5. Yes, you should. It is mandatory for her to remain in valid status.
6. But why? Possible.
7. No reason to get denied if your case has merit.

You have been reading for a year and this is your first registered post?

[VinayD]

Thanks txh1b

Thanks a lot for your quick response.

Now I have more clarity. Some more inputs required.

4. If i need stamping, can i use canada or mexico for stamping?

4. Yes. If you don't have a US degree, you have to be prepared to go to home country if denied.

Yes. I don't have US degree. Is it mandatory to go to home country for stamping? Can I use canada or mexico for stamping?

7. No reason to get denied if your case has merit.

as per your posts, I understand that I am eligible but I am not a attorney. So I am looking for all possible options.

8. If my H1B is rejected, I still have valid L1B and i-94. I believe I can still use the same. can you confirm?

9. I know that any petition extension will have new i-94. Does new petitions get new i-94 with petition approval. Do you have any idea?

10. I have i-94 till 2011 for my L1b visa. If I get my H1B petition approved with COS and without i-94 extension, can i stay in US and work on H1B?

Thanks a lot for your responses. if I need any, I will let you know.

[VinayD]

waiting for your response - txh1b ?

waiting for your response - txh1b ?

[txh1b]

4. Many people with foreign degrees get visa in third country. It just depends. One can try.

http://www.immihelp.com/forum/showthread.php?t=45733

7. No one can tell.

8. Yes

9. If the extension of stay or COS are approved, it results in I797A with an attached I-94.

10. the combination you mentioned is not possible. COS means I-94 is attached and you HAVE TO work on the changed status.

[VinayD]

Thanks Again. got it. Some more clarification on this.

4. Many people with foreign degrees get visa in third country. It just depends. One can try.

http://www.immihelp.com/forum/showthread.php?t=45733

I had H1B stamped from Dec 2005- May 2008 and L1B stamped from Apr 2008 - March 2011. These VISAs show that my Degree had been verfied by home country consolates.

Is it required for third county consolate to verify the degreen again? Will there be any issues in this case?

[txh1b]

It is dependent on the VO. You should be prepared. There are far more success stories than rejects if that is of any help.

[VinayD]

Thanks a lot. You did wonderful job...

If I apply for my H1B using remainder option with PP, with in three weeks I will get my approval with COS and i-94. In this case, I have to work with new H1B employer and no need to travel to india as I received i-94 with my H1B petition approval.

Please confirm.

[txh1b]

As your H1b was a prior H1b approval, you have to quit your L1b immediately upon H1b COS approval and begin work for H1b employer. No grace period.

[VinayD]

Yes got it.

If I get approval, COS and i-94 then it is not required for me to go for stamping. is it correct?

[txh1b]

Correct.

[VinayD]

Perfect. Everything cleared at this point.

many many thanks. you are doing very good job...

[abj01]

Help needed to find Consultants

Dear all

I had a valied H1 visa from 2003 to 2006 which I did not utilize. I did not travel at all.

I would like to utilize the H1 remainder option. I contacted 1 consultants who are completely in the dark and are 'contacting their attorney' since infinity about this.


Can anyone please let me know of any consultant who has done this before.

Your help will be HUGELY appreciated.

My email is [email protected]

Thanks