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 H1b extension question?
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Posted on 07-30-18 4:36 PM     Reply [Subscribe]
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My H1b starts from Oct 1 2018 and is valid only for 16 days Oct 16, 2018. Can employer file h1b extension before h1b starts? I will get client letter not more than a month ahead that is around Sept 16, 2018 for job extension. How efficient is this time frame to get response in time using premium processing. I will have to get response before my h1b expires I guess and not sure if you can continue working.

I am also thinking not to accept the h1b and keep my stem ead.
In that way I can talk with my employer for direct gc processing since my stem ead is valid till 2020 June. I feel this is better option with current system of h1b date which will be based of the project date.
I will appreciate everyone with suggestions.

 
Posted on 07-31-18 4:16 PM     [Snapshot: 217]     Reply [Subscribe]
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Gc start gara bro. Atleast 2 years lagdo raicha .
 
Posted on 07-31-18 4:42 PM     [Snapshot: 241]     Reply [Subscribe]
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Looking into options and talking with them for it. Thanks.
 
Posted on 08-02-18 3:49 PM     [Snapshot: 605]     Reply [Subscribe]
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When extending for H1B, you will be eligible to work once application is received by USCIS. It does not have to be approved. So, you can apply for it. Since your EAD is valid until 2020, I think you can ask your employer to start your GC process rather than spending on H1B application. Explain both the options properly to your employer.
 
Posted on 08-02-18 5:11 PM     [Snapshot: 653]     Reply [Subscribe]
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@Ip Man, thanks for taking your time to reply here.
I too feel going for GC is good option for me. However I feel they would want to take H1B process in that way they can benefit more. The question is if they file of extension, lets say a month before my h1b expires given the time I get my client letter. Will I get response in time? And if I don't, can I work while it is pending? I don't thin I can work. This time frame just does not seems sufficient to move with H1b and even if every goes well, I wonder what will future extension process be like given it will be extended either for 6 or 12 months(this is what my client does).
 
Posted on 08-02-18 5:32 PM     [Snapshot: 658]     Reply [Subscribe]
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My viewpoint on the matter -
(things might have changed recently, but it is not hard to find related info online)..

1. start GC process ASAP. I know you brought the point that your employer might want you to be in H1 before they start GC process. They are looking for themselves. You do the same. Spend $$$ from your own pockets and somehow convince them.

2. Once you start H1 from Oct 1st, you are no longer in F1/OPT and thus your EAD is invalid. No longer can work on that EAD legally.

3. It was bad idea (unless you had ur personal reason to move to H1B like getting married and bringing spouse easily to USA or some sort) to file H1B this year when you had EAD up to June 2020. You could have waited next year or even until 2020. Not only that, Employer has upper hand once in H1B, while you are in upper hand in OPT/EAD. Plus you lost 2 years of possible work time (even if your GC is problematic)

4. Provided you went with H1B, once you file extension, you should be able to work or continue to work for the same employer. At least this was the case 2 years ago. do PP if available. Once in a while they shut it down PP temporarily if their work load is too much.

Now Think about not accepting H1B and going back into EAD. Personally I do not know how it is done or what are the consequences.

Just compare the benefits of each and see which best suites you and what level of chances you want to take.

P.S. - Notes ...Many ppl failed to realize that GC through employment is for future job. You do not need EAD nor H1B or you can be in any other status. Also, You can be working or not even working. More You can be working for same employer who is processing ur GC or differnt one. It doesn't matter. What matters is that you have enough qualifications for the category of GC you are filing and then company is able to prove all steps during the process.
Last edited: 02-Aug-18 05:39 PM

 
Posted on 08-03-18 11:45 AM     [Snapshot: 771]     Reply [Subscribe]
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@STUPIDA
Do you think my employer can file extension before h1b even starts since in my case since it is only approved for 16 days? I know you can file 6 months before the expiration or 3 months which is usually after the h1b starts.
 
Posted on 08-05-18 4:52 PM     [Snapshot: 1035]     Reply [Subscribe]
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@Broo
I do not know the answer for it. But technically How can someone file extension of it when you are not even in that status yet. But check with online lawyers or forums. Or spent $50-60 for 30 minutes consultation with Immigration Lawyer.

If you decided to keep H1B, then I suggest make your application ready before hand, and then send the extension application on the 2nd October with next day priority and PP processing. As long as you receive your notice of application (some companies might not like this but since u r with consultancy this is not an issue..) you should be able to continue to work. I did and I know few who did back in 20015 and 2016.

But what are the fall back plans?
1. what if your project didn't get extended?
2. What if you got fired or they cancel the contract? In contract, a simple text or email is enough to terminate employment. I have seen it.
3. What if project got extended, but client declined to give letter?
You are left with just few weeks with no fall back plan.

Maybe try this - Start immediately looking for new job with 6-12 months contracts or maybe one year or more contract. Start that new job (still on OPT/EAD so no need to do anything) and at the same time file amendments for your approved H1B (required when you change the client.) with USCIS. During the process maybe you can request for new expiration dates showing new contract dates or maybe even extension together if possible. do PP so you have decision quick. At least this way you have more time.

In your case I would go outside and at least get opinions of 2 different lawyers. I would not just rely on your consultancy or its lawyers. Initial consultation are not that expensive.

Hope this helps.
Last edited: 05-Aug-18 04:54 PM

 
Posted on 08-10-18 4:56 PM     [Snapshot: 1315]     Reply [Subscribe]
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My employer says if they process gc there could be a problem during the interview while on Stem Opt. Is this true?? Was saying something about working in third party location.

Also I have around 18 months in hand if they start gc process. Hoping if it is sufficient time . If not,  looking for college with CTP from first day would be an right option I suppose. Any thoughts anyone??
Last edited: 10-Aug-18 05:01 PM

 
Posted on 08-10-18 5:16 PM     [Snapshot: 1333]     Reply [Subscribe]
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Gc and h1 is totally different things. U can start gc process. 18 months is too much. U should have EAD within 12 months
 


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