Important H1-B Question ...

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Dear Sajha Friends, I have some question to ask you all whoever have answer to it or knowledge to it please answer it. I have applied for H1-B from a company (where am working full time) but the result has not been published yet. I was asked for Request of Evidence which our company lawyer answered more then 2 months back, still there  is no any result of H1-B. Does any of you are in same situation or had been to same situation. My thinking was that the result will be published by 1st October, 2009 but it is already 18th. Do you have any idea what might be the case. I also have one question can any one travel back home in such case (waiting for H1-B result, is in F1 status, working full time ...) Hope u have some solution to it.... waiting for your reply ...  

unlucky · Oct 18, 2009 4:26 PM · 9,527 views

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"Does any of you are in same situation or had been to same situation. My thinking was that the result will be published by 1st October, 2009 but it is already 18th. Do you have any idea what might be the case." I didn't have the same situation but it's not necessary that the Result will be published by 1st oct. Tell your Company lawyer or the HR manager to contact about the case and query what is happening(Normally another RFE will be sent if one does that-It's USCIS bro and u never know what they r upto).I have seen cases where it took a year to approve the H1b petition.  "I  also have one question can any one travel back home in such case (waiting for H1-B result, is in F1 status, working full time ...)" Normally in such cases the COS becomes Invalid if u had Filed for H1B with COS..Your best bet is to talk to ur lawyer ASAP. BTW, r u filing from Bodyshops or from a Genuine employer... Hope it helps

pyaradeshbasiharu · Oct 18, 2009 5:09 PM

Thanks pyaradeshbasiharu for the reply Click here to subscribe to pyaradeshbasiharu's postings. You will get notification when the users posts in sajha. Loading...';ajaxpage('subscribeto.cfm?userid=9a39d899-080b-4d00-bf8d-99cb136e95f7','subspan2');">My Company is Genuine ... Yha i too heared that the date of H1-B result is not fixed ... it might go till end of March, 2010 too ... Bro i didn't get your COS thing as am new to this... so will there be a risk if i go back home for few weeks and come back ... i still have student visa with valid date in I-20 ... only thing is i have applied for H1-B ... will there be a risk in my H1-B processing if i travel back home ... is there any way around ??? waiting for reply ... Last edited: 18-Oct-09 05:18 PM

unlucky · Oct 18, 2009 5:19 PM

"Yha i too heared that the date of H1-B result is not fixed ... it might go till end of March, 2010 too ..." It will go till Sept last date,2010 or till the quota is filed..it might happen on march 2010 if quota is filled which right now i seriously doubt it.. " i still have student visa with valid date in I-20 ... only thing is i have applied for H1-B ... will there be a risk in my H1-B processing if i travel back home ... is there any way around ???" The thing is that u have applied for H1b with change of status means your status will automatically change from F1-H1B on a given date..In most cases if u leave US after u file H1B with cos means that u have abandoned the intent of COS..Ur H1B approval will still go through but ur H1B approval may or may not come with i-94 attached on it..To be in H1b status u have to leave US do H1 stamping and then ur H1b status kicks off.. So to make matter certain ask ur lawyer ..becoz he is the one who is qualified for these legal things..

pyaradeshbasiharu · Oct 18, 2009 5:33 PM

Thanks pyaradeshbasiharu for making me clear ... Is there any way around ... H1B approval will still go through but ur H1B approval may or may not come with i-94 attached on it .. Humm if i traveled back then my I-94 will be different then that i had while applying H1-B ... So for that i have to travel back again if i got H1-B ho???

unlucky · Oct 18, 2009 5:38 PM

"So for that i have to travel back again if i got H1-B ho???" Yes.To be in H1b Status Last edited: 18-Oct-09 05:44 PM Last edited: 18-Oct-09 05:44 PM

pyaradeshbasiharu · Oct 18, 2009 5:43 PM

So the only bad thing about traveling back home while applying for H1-B is i have to travel back again if i got H1-B after i return back hoenaa ??? What about if i got H1-B when i am back home ??? what will be in such case ???

unlucky · Oct 18, 2009 5:54 PM

"So the only bad thing about traveling back home while applying for H1-B is i have to travel back again if i got H1-B after i return back hoenaa ???" yes if u want to resume employment from the start date mentioned in your H1B approval document.. "What about if i got H1-B when i am back home ??? what will be in such case ???" The easiest thing to do is to have H1B stamping..Appear with all ur H1B docs in ktm consulate  and then enter us on H1B status..

pyaradeshbasiharu · Oct 18, 2009 5:59 PM

Humm ... then my H1-B application is not in risk even if i travel back home while applying H1-B ... thats cool ... i have to travel back then ... tara i will talk with my lawyer about that then ... thanks bro ...

unlucky · Oct 18, 2009 6:02 PM

Unlucky Ji..., First, u can change ur name - If not Lucky, then something else. Let me not explain here, But If give you my situtaion, you will understnd it for sure... Rt now, On H1-B. Applied last year April 1st, 2008. ( I was on project). received notice was send @ around 2 months Got RFE @ around mid Jun-July Lawyer send Explanation after a month. Was still on project @ another client ( same company though) Dec 2008- no results yet; still pending. Dec 15 2008 - PP processing by lawyer; ($1000) Dec31 2008- Project finished. JAN 21 2009 - OPT expired Still no results despite PP. March 2009- Back to college (KAPLAN) GMAT April 28, 2009 _ approval Notice...Start date was March 28 2009 to April 28 2011 ( not October 1 2008) Took me A year and 28 days to get my H1-B Hope u will feel better, and give that name to someone else  

STUPIDA · Oct 19, 2009 10:22 AM

Thanks STUPIDA for your reply ... i guess you were in exact same situation as i am now ... i might need some help on Kaplan  and all then ... Is there any one else in same situation ... have something to share then please do ...

unlucky · Oct 19, 2009 12:15 PM

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