TIMELINE
Apr 08: Employer-A got H-1B petition approved on my behalf.
Sep 08: I got H-1B VISA stamped on passport for Employer-A.
Oct 08: I started working for Employer-A as H-1B.
Dec 23rd 08: I left the US
Never went back. Still out of the US.
Feb 27 09: I plan on entering the US using Employer-A's VISA at POE.
Mar 02 09: will resume work for Employer-A in the morning.
Mar 02 09: plan on beginning working for Employer-B in the p.m.
ADDITIONAL INFO
Employer B is ready to file H-1B petition ASAP.
Employer A is ok with me working for Employers A and B.
Employer A will not cancel H-1B.
QUESTION (tricky, I think):
is it O.K. for Employer-B to file H-1B petition WHILE I am out of the US (i.e.: no I-94 number to put in the I-129) AND still NOT request "consular notification", since by the time USCIS makes a decision (hopefully "approval") I will have already entered the US as H-1B to resume job with Employer-A?
In other words, how would you handle this so that
(i) I return to the US as close to (and in advance of) March 2nd,
AND
(ii) USCIS receives Employer-B's petition by March 2nd?
Thanks a lot,
JLMA888
Apr 08: Employer-A got H-1B petition approved on my behalf.
Sep 08: I got H-1B VISA stamped on passport for Employer-A.
Oct 08: I started working for Employer-A as H-1B.
Dec 23rd 08: I left the US
Never went back. Still out of the US.
Feb 27 09: I plan on entering the US using Employer-A's VISA at POE.
Mar 02 09: will resume work for Employer-A in the morning.
Mar 02 09: plan on beginning working for Employer-B in the p.m.
ADDITIONAL INFO
Employer B is ready to file H-1B petition ASAP.
Employer A is ok with me working for Employers A and B.
Employer A will not cancel H-1B.
QUESTION (tricky, I think):
is it O.K. for Employer-B to file H-1B petition WHILE I am out of the US (i.e.: no I-94 number to put in the I-129) AND still NOT request "consular notification", since by the time USCIS makes a decision (hopefully "approval") I will have already entered the US as H-1B to resume job with Employer-A?
In other words, how would you handle this so that
(i) I return to the US as close to (and in advance of) March 2nd,
AND
(ii) USCIS receives Employer-B's petition by March 2nd?
Thanks a lot,
JLMA888
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