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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #61  
Old 05-31-2007, 08:31 PM
ramus ramus is offline
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Great... Thank you so much..
Guys please help our friend techgeek..



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Originally Posted by techgeek
Sure I can send a web fax.
I will do it right away.
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  #62  
Old 05-31-2007, 08:34 PM
indianindian2006 indianindian2006 is offline
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You could be right but I feel that if multiple H1b have to be filed thay have to be done at the same time,but in this case when company B filed the H1b petition it nullified company A petition on approval of company B petition.Please correct me if I am wrong.
Quote:
Originally Posted by rajesh_kamisetty
I guess you can have multiple employers file for your h1 and get approval. And also the I-94 card also doesn't specify/tie to an employer. Just my 2 cents (means little worth - you still need an attorney or at least someone who has gone through your situation).
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  #63  
Old 05-31-2007, 08:35 PM
Canadian_Dream Canadian_Dream is offline
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1. Take 5 days paycheck from Company B. You have to be paid to be in valid H1B Status.
2. If at all possible stay for the duration of two paychecks [21-30 days].
3. Before you resign officially from Company B file for H1 transfer to Company A. Provide Paychecks etc from company B.
4. Upon H1B approval/receipt notice, officially resign from Company B collect the paycheck, experience letter etc. consider Premium Processing to avoid any hassles.
5. Make sure you don't have any gaps in your employment between company A and B.
6. Start working at Company A.
7. As far as I-140 etc, is concerned you can continue without a fresh restart.



Quote:
Originally Posted by techgeek
I have got my self in a fair amount of pickle, let me summarize it here:
Worked for company A, got my GS started got 140 approved. Quit
Joined Company B, H1B was processed with premium processing. Got the H1B too.
After joining company B, realized they had miscommunicated on the job position and offer, called my old boss at Company A, he is willing to take me back. Company A has not terminated my H1B.
what are my options? Can I just go back to company A? Can this be done?
Any/All help/suggestions/pointers will be greatly appreciated as I have a family to worry about at this stage.
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  #64  
Old 05-31-2007, 08:36 PM
fromnaija fromnaija is offline
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No, he doesn't have to refile anything. techgeek should just go back to his original employer. Period.

Quote:
Originally Posted by indianindian2006
I think you have to refile the H1b visa as a new petition is approved for you,the old one is no good,as for your GC application it will not matter as GC application is for a future employment,but you may ask an attorney as I am not one.
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  #65  
Old 05-31-2007, 08:39 PM
fromnaija fromnaija is offline
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Know that each H1 petition is a new petition. But if you already have an approved petition then you are no longer subject to the cap. So basically one could have multiple petitions approved for different employers. One could even work for multiple employers on H1 in various combinations of full-time and part-time as long as the LCA correctly state either full or part-time employment.

Quote:
Originally Posted by indianindian2006
You could be right but I feel that if multiple H1b have to be filed thay have to be done at the same time,but in this case when company B filed the H1b petition it nullified company A petition on approval of company B petition.Please correct me if I am wrong.
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  #66  
Old 05-31-2007, 08:40 PM
techgeek techgeek is offline
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Default One more thing

I am officially on vacation at my old company Comp A. had to do it as my old company did not have a policy of cashing out vacation. I am on thier payroll till June 10th.

Does my H1B become nullified since it is transfered to Comp B, as one of the senior members mentioned?

Thanks to every one who has taken the time to respond.
Quote:
Originally Posted by fromnaija
No, he doesn't have to refile anything. techgeek should just go back to his original employer. Period.
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  #67  
Old 05-31-2007, 08:43 PM
OLDMONK OLDMONK is offline
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Default

***** As per Munna Bhai Below My comments below are not right. Please discount my comments ************* as to why its wrong, ask Munna Bhai.

Company A's approval is only nullified Once You join Company B FULLTIME. Nullified in the sense that you need H1 Transfer to go back. BUT If you did'nt get paid at Company B and won't have W2 at the end of year, means you never joined Company B, PROVIDED Company A doesn't show a break in your employment and you are on payroll contiguously with Company A. If you are going to have a W2 with Company B, then Company B can be shown as a part time employment by doing the necessary paperwork which includes a formal approval from Company A to go work for Company B Part Time.


All of the above is from my understanding being here on H1B for 9 years. None of it can be taken for sure without consulting your attorney.

Last edited by OLDMONK; 05-31-2007 at 09:24 PM.
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  #68  
Old 05-31-2007, 08:49 PM
Munna Bhai Munna Bhai is offline
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Default This Is Very Wrong..

Quote:
Originally Posted by OLDMONK
Company A's approval is only nullified Once You join Company B FULLTIME. Nullified in the sense that you need H1 Transfer to go back. BUT If you did'nt get paid at Company B and won't have W2 at the end of year, means you never joined Company B, PROVIDED Company A doesn't show a break in your employment and you are on payroll contiguously with Company A. If you are going to have a W2 with Company B, then Company B can be shown as a part time employment by doing the necessary paperwork which includes a formal approval from Company A to go work for Company B Part Time.


All of the above is from my understanding being here on H1B for 9 years. None of it can be taken for sure without consulting your attorney.
THIS IS VERY WRONG..PLEASE DON'T GIVE WRONG ADVISE OR scary anyone.

You can go and join without any problem, no need for any H1b transfer etc
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  #69  
Old 05-31-2007, 08:50 PM
Canadian_Dream Canadian_Dream is offline
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fromnaija is correct (and I was wrong). You don't need a new petition. You can be on vacation or on leave of absence on H1B status. A slightly old article on similar issue.
http://www.h1base.com/page.asp?id=144




Quote:
Originally Posted by techgeek
I am officially on vacation at my old company Comp A. had to do it as my old company did not have a policy of cashing out vacation. I am on thier payroll till June 10th.

Does my H1B become nullified since it is transfered to Comp B, as one of the senior members mentioned?

Thanks to every one who has taken the time to respond.
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  #70  
Old 05-31-2007, 08:53 PM
tikka tikka is offline
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Default

Quote:
Originally Posted by techgeek
Sure I can send a web fax.
I will do it right away.
after you send the web fax please post it on the web fax thread!

thank you so much !!
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  #71  
Old 05-31-2007, 09:03 PM
indianindian2006 indianindian2006 is offline
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I think for 2 or more applications to be counted as multiple applications they have to be filed at the same time,so if you have to work for multiple employers you have to file all applications in one package and send it to immigration,otherwise when a new application is filed the old one is considered void.Correct me if I am wrong.
Quote:
Originally Posted by fromnaija
Know that each H1 petition is a new petition. But if you already have an approved petition then you are no longer subject to the cap. So basically one could have multiple petitions approved for different employers. One could even work for multiple employers on H1 in various combinations of full-time and part-time as long as the LCA correctly state either full or part-time employment.
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  #72  
Old 05-31-2007, 09:20 PM
techgeek techgeek is offline
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Default Still Confused

Does that mean I have to file for a new H1B petition? I read on the earlier post from another senior member that I dont have to...
Utterly and totally confused.........

Quote:
Originally Posted by indianindian2006
I think for 2 or more applications to be counted as multiple applications they have to be filed at the same time,so if you have to work for multiple employers you have to file all applications in one package and send it to immigration,otherwise when a new application is filed the old one is considered void.Correct me if I am wrong.
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  #73  
Old 05-31-2007, 09:22 PM
tikka tikka is offline
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Default Please Make A Contribution

Hi
We really need funds for our lobbying. Can a few folks help Ramus and me encourage/motivate/ do what it takes for members to contribute?? This is EXTREMELY IMPORTANT !!!!

Thank you
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  #74  
Old 05-31-2007, 10:21 PM
zCool zCool is offline
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Your issue isn't whether to file new petition or not..
You don't..
Issue is what you are going to do with having 2 paychecks from 2 employers at the same time..
you can't go on vacation and work for another employer.. this is not India!
I think you being on 2 payrolls simultenously is going to need clarification if they catch that..

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  #75  
Old 05-31-2007, 10:44 PM
indianindian2006 indianindian2006 is offline
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What I am telling you is from my own experiance,my wife was in the same situation and our attorney adviced us that once the company B petition is approved then to go back to company A you have to refile the H1B petition from company A.Please confirm with your attorney though as he would give you the correct legal advice for your situation.
Quote:
Originally Posted by techgeek
Does that mean I have to file for a new H1B petition? I read on the earlier post from another senior member that I dont have to...
Utterly and totally confused.........
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