non profit H1

[sadhvi]

Hello C4us, Txh1b,

Thanks for all your replies till today.I have my H1 approved to start on Oct1, I am not sure if I m on H1 or H4 after my leap frog. I am going to the deferred inspection on Oct 21st to find this out.

I have a opportunity to join a University in Jan 09.They have agreed to do a non-profit H1.

MY question is

1. Which one is better H1 to Non profit H1? or H4 to H1 non profit?
2. How long does it take to process a non -profit H1?
3. Is it advisable to get my non-profit H1 filed and then make a trip to get it stamped with out pay stubs as I would be starting only on Jan 09 or enter US in H4 and then file for my non-profit H1. Can I start on the day it was filed?

Please respond..

Thanks,

Sadhvi.

[C4us]

Check your latest I-94 for your current status.

Is your university petition in process already? You will need approval notice if going from H4; if notice filed as COS from H4 to H1B look for new I-94 with Jan start date or you will need H1B stamping.

You can do a transfer if on H1B but need paystubs for it to be approved; without paystubs, you will be directed for stamping.

The non-profit H1B times should be similar to for-profit H1B times.

[sadhvi]

Thanks for your reply C4us.

I m having issues with my I-94. I had a F1,then H4 and then H1 all with the same number. When I went for my H4 stamping on Sep 26 '08 . Only my white I-94 card which said F1 d/s was taken and i was given a new H4 -i-94.
When I tried to do Leap frog do avoid the start of my h1 with the employer who started creating issues before I even started, They detached the I-94 from my H4 approval Notice and attached it to my passport.

So, I m not sure If I have H4 or H1 or even a Valid I-94? ( I am discussing this issue in another post). The USCIS has directed me to approach the deferred inspection for this issue.

I am afraid I dint understand your reply.
The University has not yet applied my H1b. They want me to start in jan 09.
Now, I have to give them the response, when It has to be filed. Depending on my status.
1. What Is best way to start on Jan 09
2. Can I start immediately after my paper work is filed.
3. If I am on H1 from Oct 1 .. Then can I leave the country and enter in H4 then ask the University to file my H1..So I dont have to produce pay stubs.

Thanks.

[C4us]

It is obvious that you must first figure out your status. If it is H4, the university can file for H1B with COS without a problem or need for stamping. Since you have the H4 i-94, I suspect that is the correct status - or you are justified in assuming that it is.

If it is H1B and you are not working, it will need to be a stamped H1B since you are currently out of status (but not unlawfully present). If already stamped for current employer, just leave and re-enter, otherwise you will need to get stamping. If you do not have a US degree, it is suggested that you go to your home country because Canada or Mexico may redirect you and you'll have wasted that time waiting for their appointment.

In either case, you must wait for the approval notice since you will not be "transferring" H1B employer to H1B employer.

It would be best if things were file with premium processing to make certain the paperwork is done in time for Jan start date.

If you happen to currently be in H1B status and work with the current H1B employer, you may do the transfer where you need not wait for the approval notice but may begin work based on you petition being delivered to the USCIS if the university agrees. They may not due to the problems they would encounter if you petition is not approved.

Most universities have someone to handle problems such as this. They will direct you appropriately. Large universities have someone dedicated for faculty and staff; small universities my have the DSO do double duty.

[sadhvi]

Thanks for your reply C4us.

I got a new I-94 , dated back to the day I entered after Leap frog , with a H4 status stamping on it.

Thanks once again..