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I was in US from May'08 until Jan' 2011 on H1b with company A.
Company B filed H1b, in Sept'11, valid only till Oct'12 (need an extension) for client X (haven't gone for a stamping with employer B & haven't worked with them yet - so no pay-stubs either).
I have not worked with company B as yet, however, now there is a client change & I will be needed to work with client Y (through company B) at a new location.. & so I will need an amended petition (along with an extension) before I go for stamping.
Meanwhile, Company C is willing to hire me as well..
I would like to keep my options open.... & so wanted to know the options I have
QUESTIONS:
1.a) Company B files an Extension & amendment application for me..?
1.b) Can an extension application be filed given that I am not in US & the original H1 petition was not used at all.
1.c) Does company B need to withdraw the petition they first filed with requirement at client X valid only till Sept'12, before they apply for the Amendment & Extension.
2) Can Company C file for a new H1 application altogether? (I would think I am no longer cap exempt as the H1 visa on my passport expired in Oct'10 & I have been out of US for almost 1 & 1/2 years).
3) Since I currently have a valid H1b petition (valid until Oct'12).. does that make me cap exempt?? Also, I am still within the 6 yr period of the first time I applied which was subject to cap (though have been out of US for abt 1.5 yrs now, confused.... grrr....)
4) Can company C file for a transfer (against the petition with company B valid till Oct'12) when company B has applied for extension & amendment?
5) Can Company C file for a transfer in case company B has already applied to withdraw the first petition.
Please let me know if you need additional details to be able to answer.. I really need these answers in order to take any decision/action on my case....
Thank you for reading.. would highly appreciate a quick response.
Company B filed H1b, in Sept'11, valid only till Oct'12 (need an extension) for client X (haven't gone for a stamping with employer B & haven't worked with them yet - so no pay-stubs either).
I have not worked with company B as yet, however, now there is a client change & I will be needed to work with client Y (through company B) at a new location.. & so I will need an amended petition (along with an extension) before I go for stamping.
Meanwhile, Company C is willing to hire me as well..
I would like to keep my options open.... & so wanted to know the options I have
QUESTIONS:
1.a) Company B files an Extension & amendment application for me..?
1.b) Can an extension application be filed given that I am not in US & the original H1 petition was not used at all.
1.c) Does company B need to withdraw the petition they first filed with requirement at client X valid only till Sept'12, before they apply for the Amendment & Extension.
2) Can Company C file for a new H1 application altogether? (I would think I am no longer cap exempt as the H1 visa on my passport expired in Oct'10 & I have been out of US for almost 1 & 1/2 years).
3) Since I currently have a valid H1b petition (valid until Oct'12).. does that make me cap exempt?? Also, I am still within the 6 yr period of the first time I applied which was subject to cap (though have been out of US for abt 1.5 yrs now, confused.... grrr....)
4) Can company C file for a transfer (against the petition with company B valid till Oct'12) when company B has applied for extension & amendment?
5) Can Company C file for a transfer in case company B has already applied to withdraw the first petition.
Please let me know if you need additional details to be able to answer.. I really need these answers in order to take any decision/action on my case....
Thank you for reading.. would highly appreciate a quick response.
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