How to get H1B while AOS is pending?

[kumar1234 0]

We are going to file AOS documents (see timeline) today. If I loose my job and thus my H1B then what proof would I need to submit with my new H1B application (with a new employer) to justify the gap between losing last H1B and filing for a new one?

Thanks a lot!

[payxibka 10,048]

We are going to file AOS documents (see timeline) today. If I loose my job and thus my H1B then what proof would I need to submit with my new H1B application (with a new employer) to justify the gap between losing last H1B and filing for a new one?

Thanks a lot!

I doubt you could get another H-1B unless you are in the unlimited class. In addition, it might be even tougher since you have a pending AOS application

[kumar1234 0]

We are going to file AOS documents (see timeline) today. If I loose my job and thus my H1B then what proof would I need to submit with my new H1B application (with a new employer) to justify the gap between losing last H1B and filing for a new one?

Thanks a lot!

I doubt you could get another H-1B unless you are in the unlimited class. In addition, it might be even tougher since you have a pending AOS application

Actually I have heard quite the opposite from most of the people I have talked to (including lawyers). Everyone said it's a smooth transfer before you receive your EAD.

I am interested in understanding what additional documents I would need to file with the new H1B application.

Edited April 2, 2009 by kumar1234

[payxibka 10,048]

You would not be applying for a new status (as you originally wrote) but a change to your existing status... A new one would be much more difficult because of the quotas.

As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employer’s business will not affect the alien’s status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Edited April 2, 2009 by payxibka

[kumar1234 0]

You would not be applying for a new status (as you originally wrote) but a change to your existing status... A new one would be much more difficult because of the quotas.

As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employer’s business will not affect the alien’s status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Again, incorrect information.. I don't have to go through quota again since I was already on H1B.. it would be just reactivated. Quota applies to fresh applicants without H1B history.

[payxibka 10,048]

You would not be applying for a new status (as you originally wrote) but a change to your existing status... A new one would be much more difficult because of the quotas.

As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employer’s business will not affect the alien’s status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Again, incorrect information.. I don't have to go through quota again since I was already on H1B.. it would be just reactivated. Quota applies to fresh applicants without H1B history.

exactly... you want to extend/adjust your current status... you originally said NEW... you would not be NEW

Edited April 2, 2009 by payxibka

[kumar1234 0]

You would not be applying for a new status (as you originally wrote) but a change to your existing status... A new one would be much more difficult because of the quotas.

As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B employer must file a new Form I-129 petition for the alien before he or she begins working for the new employer. The merger or sale of an H-1B employer’s business will not affect the alien’s status in many instances. However, if the change means that the alien is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.

Again, incorrect information.. I don't have to go through quota again since I was already on H1B.. it would be just reactivated. Quota applies to fresh applicants without H1B history.

exactly... you want to extend/adjust your current status... you originally said NEW... you would not be NEW

now I see what you mean .. sorry for the confusion.. what I meant by "new" was to reactivate H1b..

got the answer from my lawyer, it'll be receipts from USCIS along with regular h1b petition.. nothing fancy..

thanks for your help