Home » LAW »» Immigration Law

Simultaneous H1B extension AND transfer (Immigration Law)

Wed, 13 Oct 2004 06:57:00 GMT
Tags: bri, brthe, california, company, employed, expires, extension, h1b, immigration, law, live, nov, simultaneous, sponsors, transfer, visa

I live in California.
I am now employed by company (A), which sponsors my H1B visa.
The visa expires in a month (12 Nov 2004).
(A) has no more work for me, so I am currently looking for a new position. As the interviews go by, I expect to find a job sometime in November, a little before or a little after my visa expiration. Let's call (B) my future employer.
The problem for me is how to extend my visa while transfering from (A) to (B), pretty much at the same time. How do I achieve this without compromising at any time my 100% legal status?
Idea #1
Do I apply for an extension right now, still sponsored by (A)?
If so, can I stay in the USA or do I need to return to France to apply?
Do I have to wait for the extension to be approved before I can file a transfer to (B)? How long can it delay my potential start date?
Idea #2
Or, assuming that I find (B) a few days before my visa expires, should I file simultaneously for an extension and a transfer? Can it be done? Form I-129 intructs to check only one basis for classification... Could two forms be sent at once?
Now, both ideas might be completely off, so I would really appreciate a learned advice. Is there a clearly "right" way to achieve what I need?
Many thanks in advance!
W.

Comments (0) | Promote | Bookmark |

Immigration Law Open Questions

Simultaneous applications to INS

What is the name of your state? Massachusetts currently, i am on h1-b and applying for permanent residency (green card) through my employment; the application will be going to labor department in couple of weeks. At the same time, my brother, who is a united states citizen, is willing to apply......

Simultaneous application of EB-1/EB-2

Hello: I was wondering if anyone can answer this question. I am a researcher at an university in the US. The dept. is willing to sponsor me as "outstanding researcher" under EB-1. I think I might qualify under EB-2/NIW as well. I've been told it is legal to apply in different categories......

Simultaneous application of EB-1/EB-2

Hello: I was wondering if anyone can answer this question. I am a researcher at an university in the US. The dept. is willing to sponsor me as "outstanding researcher" under EB-1. I think I might qualify in EB-2/NIW as well. I've been told it is legal to apply in different categories......

simple questions for GC holders

I just have a few simple questions. How many of you actually card your PR card with you all the time? I know the welcome letter says "this is the law." However, I was wondering how many people actually followed it. It seems silly to me. When you travel overseas as a permanent resident,......

simple questions

Hi, i like your group guys it is such an active one :) i'm planning to apply for PR as skkiled worker class from buffalo and i have some quetions 1- about police certificate do i have to send it with my paper? and if yes how can i do it without requesting letter? what is the address of RMCP as......

Simple question, I think.

Short chronological facts:- entered US in 1990 on a visitors Visa (as a child of 13)- stayed in the US until currently- registered for the special registration and put through removal proceedings- applied for asylum...denied...given voluntary departure- will leave by the time of voluntary......

simple question - how AOR is assigned? (for former immigration officers)

Hi everyone, Again I am bothering you with about the same question. If I fill the forms and send documents indicating that I have background knowledge of Franch, but documentation proving it is inconclusive (letter from Alliance Francaise). Will AOR still be assigned to the file? Or does it......

simple question

Just for the record, our plan is to wait until my fiance has his visa IN HAND before making any flight arrangements. I'm sure glad they give you 6 months validity - he will have to make sure his little brother has arrived in Turkey and can take over the business there. Plus, I'll be going there......

simple question

My fiance waited until after his interview, to make sure he received his visa and then booked a flight to the US on short notice. Living on the edge is fun in most situations but obviously, we're not that adventurous! Good luck, to you:)-- Posted via http://britishexpats.com...

similar situation

I have entered the US with a J1 and left on Aug1 2009. Now I intend to apply for grad school (fall 2010). I will not be subject to a restriction on F1 application, but apparently it will affect my H1 application. Is there anyway we can apply for the waiver in the US embassy here in India while......

Some questions maybe you're interest in...

Felony on private property update from previous thread

[Traffic Law] Just wanted to let you know 'the rest of the story'. I was referred to an attorney thru a 'friend of friend'. The attorney has dealt with the 'towing' company operators before. According to TN law regarding towing procedure, he says that we will be able to charge the towing company with Grand.........

Retroactively cancelled health insurance

[Insurance Law] What is the name of your state? Massachusetts Upon calling my insurance company to verify some coverage on March 5, I was informed that our insurance had been cancelled as of Feb 12, 2003, retroactive to December 1, 2002! And that I am now liable for costs incurred during that period! This is.........

Prayer for judgement... exception?

[Traffic Law] I Live in North Carolina, and last year i was charged with a 69/55, the judge gave me a PJC..prayer for judgement...Well yesterday i was comming home and i had just turned out of the Cheverolet Dealer Parkin lot, i was not 200 yds down the rd from it, and had not put my seat belt..just my luck a.........

What Does the Federal AOP Stand For

[Additional Legal Subjects] I am just curious. No, right or wrong answer. What does the Federal "AOP" stand for? What is the AOP? Is 17 the consent for all 50 states in the USA? I am just curious on how it works. That is all.......

Judgement call.... driving without a license may be worth it... your thoughts?

[Traffic Law] I live in Michigan. I just got a reckless driving ticket for sliding sideways on a completely empty 4 lane road at 1am with noone and nothing within a massive distance to hit or threaten. If I cant get out of the ticket, I get 6 more points on my license bringing the total to 15pts. I have zero.........

child support laws I need help on this

[Family Law] My husband and I have been married for 4 yrs and he has 3 children from 2 previous relationships 2 in Kansas and one in Illinois. The Mother of the child in Illinois is constantly threatening him with court and now she is pushing to have his license taken away. He is trying to stay up on the.........

NY Computer Consultant - client not paying invoices

[BUSINESS & FINANCIAL & Corporate LAW] What is the name of your state? NY I am a NY based computer consultant, running a S corp, with myself as president and only employee. I long time client of mine (a small company) merged with another company in NJ. The comptroller of the old company is now CFO of the new company and has a small.........

Repair shop can't find problem

[Consumer Law & Fraud] In Nevada. I bought a used 2003 Ford Explorer from a dealer in August 2006. I purchased the extended warranty and in the 4 1/2 months I've owned it, I've had to take it to the repair shop three times. The first time was due to it not starting; the mechanic told me it was the starter (this.........

Bankruptcy surrender questions

[BANKRUPTCY & CONSUMER CREDIT] What is the name of your state? Wisconsin We have filed a chap. 7 and we have our creditors meeting on 5/2/05. We are wanting to surrender our current truck that has a high payment and buy another truck with a lower payment. We are wanting to know when is the best time to surrender the vehicle.........

Lawsuit Over Business Debt Guarantee In Florida

[Consumer Law & Fraud] I desperately need help in understanding what I can do. We have had a business that was faced with many challenges, the major one is what the case I am questioning was originally started from. My husband and I along with two business partners (also h/w) signed a promissory note to a developer who.........