H1B extension after 6 year quota completed pending
I am in h1b extension now (h1b maxed out, i94 expired, holding I140) filed at california center.
Its been 95+ days completed.
Client offering to convert to Full Time on H1B
Now my client is interested to take me as FTE (famous telecom giant) for whom working for last 3+ years as contractor, so far one amendment and extension successfully completed with same client.
Is it good idea to join my client just using H1b receipt?
(note if my client files h1b now , they have to go for regular only and filing h1b after expired).
My current company filed extension just week before the expiry of i94
H1B transfer for same end client job is NOT recommended
So, basically you are trying to file H1B transfer for the exact same job that you have already filed the H1B extension for?
If this is correct, then legally, you can do it but it is NOT recommended as USCIS recently recommended to ONLY file one H1B application for that one job.
Since, there is ONLY one job that exists and you are trying to file H1B through two different employers for it, your application may be denied.
So, be careful and talk to your client’s attorney before you attempt it. They know the tricks to mitigate this situation.
Join client on H1B transfer receipt
Since your i94 has expired, joining client on H1B receipt is high risk proposition since your H1B extension is now a bridge petition.
The H1B extension’s result can change your H1B transfer’s result too.
You are right it is for the same job. client wants to save money by taking me as FTE. Thanks I will talk to clients attorney to discuss about it.
do you think my case might have moved from California to Nebraska?
is it safe to initiate a transfer upon knowing the result of current extension? (I am not sure when that happens, how long my client manager can wait and by that time PP opens or not)
Anil, my client team decided to wait and see how my extension goes before taking next step towards conversion.
Now, I have few other questions in my mind.
I being positive that my extension will go thru and mostly like I will go for FTE conversion, my only worry is my client will take minimum of year to start GC and with current trend I assume its tough to get my new I140 approved within next extension, which spins these questions,
can my client continue to use my current employer’s I140 for visa extension purpose alone?
my current employer’s I140 got approved almost 2 years back and I hope my current employer cant revoke it anymore. am i right?
Thanks. Mine was simple extension from very small consulting employer. lets see how it goes. since it is only next 30 days I can work, i think better to insist my employer respond as quickly as possible.
Anil - i did follow up with employer about RFE, he mentioned that RFE is about speciality occupation. he did receive something similar in recent past for other employees and had handled successfully. Now my main question is ‘specialty occupation’ common RFE in current trend?
Hey Anil, Quick Question. My employer had a consultation with reputed immigration attorney on my RFE and 240 days threshold. Our attorney mentioned that 240 days is not applicable for me as it is not simple renewal . it is level change with revised salary so I can continue to work even beyond 240 days with my client. do you aware of this? throw some light on this please
I had already answered this earlier in our conversation that if your H1B application has been filed as “Amendment + Extension”, then you are allowed to work beyond 240 days.
Your attorney would have seen all your documents and would have then given an opinion.
I can only give my limited opinion based on what you have shared.
If the H1B I-129 form has the selection of “Amendment + extension”, then you are allowed. If not, then you cannot work beyond 240 days even though you can stay in US.