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Bewarse TalkArchivesCine Talk - Reviews, Gossips, Insider Info etc.Archive through July 11, 2004 � H-1b visa help needed Previous Next

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Venkata
Pilla Bewarse
Username: Venkata

Post Number: 6
Registered: 06-2004
Posted From: 128.173.36.214

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Posted on Wednesday, June 30, 2004 - 11:28 am:   Edit PostDelete PostView Post/Check IP

okka magadu,
i got your point, and i understood that if i resign from the university, my h-1b status will be cancelled (whereas my visa is there until december 2005. my question is that, before the time i resign from the university, if the industry people apply for h-1b, and my stay until october 1st is legal or not. in this situation the matter of visa does not arise. whenever we change visa status, before joing the other place, it needs some time to join, which i want to know in my situation. thanks
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Okka_magadu
Pilla Bewarse
Username: Okka_magadu

Post Number: 2
Registered: 04-2004
Posted From: 192.223.163.5

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Posted on Wednesday, June 30, 2004 - 11:11 am:   Edit PostDelete PostView Post/Check IP

Venkata,

Your stay will be illegal if you transfer your visa from Univ to Industry before October, if you resign from the Univ and they cancel your visa before October.
The best thing is to ask an attorney.
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Venkata
Pilla Bewarse
Username: Venkata

Post Number: 5
Registered: 06-2004
Posted From: 128.173.37.244

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Posted on Wednesday, June 30, 2004 - 10:58 am:   Edit PostDelete PostView Post/Check IP

okka magadu,
i could not follow what exactly your message. if the industry people apply for my h-1b, and if my new h-1b visa was granted before october 1st, can't I resign and stay until 1st octbber legally? if that is the case changing from university to industry will always be difficult, because we can not plan all very precisely. i hope that there will be some grace period between changing from one h-1b to another h-1b, or F/J to h-1b. please correct me
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Okka_magadu
Pilla Bewarse
Username: Okka_magadu

Post Number: 1
Registered: 04-2004
Posted From: 192.223.163.5

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Posted on Wednesday, June 30, 2004 - 10:31 am:   Edit PostDelete PostView Post/Check IP

Venkata,

Your stay will be illegal. When you apply for H-1, you need to apply for change of status also, as it is from Univ to Industry. You will get an RFE if you apply H1 by premium about this period between your approval and October. The best thing is to contact an Immigration lawyer. One more idea is apply for H1 now without premium and take vacation from University, don't resign as it will put you will be in illegal status, from the date you want to join the new company and start working for the new company. Around October first you can ask your new company to upgrade H1 processing to Premium. Once you receive the approval notice you can resign from the university and continue working for the new company.
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Venkata
Pilla Bewarse
Username: Venkata

Post Number: 4
Registered: 06-2004
Posted From: 128.173.181.63

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Posted on Wednesday, June 30, 2004 - 10:11 am:   Edit PostDelete PostView Post/Check IP

thank you all for your messages, and now I am happy to know many things from you. thanks once again
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Cinejeevi
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Username: Cinejeevi

Post Number: 776
Registered: 03-2004
Posted From: 212.21.228.26

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Posted on Wednesday, June 30, 2004 - 10:06 am:   Edit PostDelete PostView Post/Check IP

avunu venkata babu avunu.

if you still have any doubts once u get the H1 case no then u ask industry to enroll you in their payroll. They can keep running ur payroll under leave without pay or just few dollars every other paycheck to keep u legal. However if you ask them for too many things at the same time then it may boomarang. so be careful.

good luck
emito okka signature kooda tattadam ledu time KI
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Deepblue
Desanike Pedda Bewarse
Username: Deepblue

Post Number: 2041
Registered: 03-2004
Posted From: 24.1.165.188

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Posted on Wednesday, June 30, 2004 - 10:06 am:   Edit PostDelete PostView Post/Check IP

//so my stay from that period until 1st of october is not illegal, even if I resign from the university? is it so?//

yes it is not illegal
Bewarsetalk.com.... Be heard
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Venkata
Pilla Bewarse
Username: Venkata

Post Number: 3
Registered: 06-2004
Posted From: 128.173.181.63

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Posted on Wednesday, June 30, 2004 - 10:03 am:   Edit PostDelete PostView Post/Check IP

the industry people are ready to process my case by premium method, and if I get everything by august, so my stay from that period until 1st of october is not illegal, even if I resign from the university? is it so?
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Deepblue
Desanike Pedda Bewarse
Username: Deepblue

Post Number: 2040
Registered: 03-2004
Posted From: 24.1.165.188

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Posted on Wednesday, June 30, 2004 - 9:52 am:   Edit PostDelete PostView Post/Check IP

venkat mama,
h1b cap from univ to a regular company does come under cap

h1s for univs ki exemption undi, they dont come under the regular cap.

so it is true what they are saying about filing for a new h1
once if u have filed for a new h1, you are legal to stay and can resign whenevr u want from the univ.

so my suggestion file for your h1 with the new company , wait for the receipt notice and then resign.

safe side will be like cinejeevi mama suggested file for premium processing and get it approved and then resign
Bewarsetalk.com.... Be heard
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Venkata
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Username: Venkata

Post Number: 2
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Posted From: 128.173.181.63

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Posted on Wednesday, June 30, 2004 - 9:49 am:   Edit PostDelete PostView Post/Check IP

thanks to all for quick reply. as I informed in my post, the president of the company told me the transfer from university to industry will come under the cap quota, and ins is considering it as a new h-1b case. the thing what I am more interested is to know whether my stay will be legal once they file my case to ins or not. if legal, is there any time period for that. suppose if they file my case in august 2004, and get a notice from ins, can I resign from my present job and go to the industry. because they are planning to compensate from the period i resign from my present job until october 1st by giving some bonus or so. thank you once again all guys, and please share your valuable views
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True_indian
Kurra Bewarse
Username: True_indian

Post Number: 302
Registered: 03-2004
Posted From: 192.175.182.94

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Posted on Wednesday, June 30, 2004 - 9:38 am:   Edit PostDelete PostView Post/Check IP

venkata mama
h-1b transfer doesnt come under quota, its only for new h-1bs, if you need help send me email with your numbers i will give some companies who can apply for your h-1b
ryada007@yahoo.com
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Decent
Kurra Bewarse
Username: Decent

Post Number: 313
Registered: 03-2004
Posted From: 63.163.61.3

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Posted on Wednesday, June 30, 2004 - 9:38 am:   Edit PostDelete PostView Post/Check IP

Venkata,
first of all, transfer of h1b does NOT come under the cap.
second of all, once ins receives and sends a receipt notice of h1b application, the stay is legal. you don't have to wait for the approval notice to join the new company (or think that it is the only way).
I'm 100% sure about this.

Laughter is the language of the Gods. - Buddhist saying
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Cinejeevi
Bewarse
Username: Cinejeevi

Post Number: 771
Registered: 03-2004
Posted From: 212.21.228.26

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Posted on Wednesday, June 30, 2004 - 9:34 am:   Edit PostDelete PostView Post/Check IP

ask the industry guys to file for ur H1. If possible file with fast processing costs extra $1000 bucks but worth it and u will get the approval within 10 days.

Once you got the approval notice (file number) then u can legally start working for the industry. Then you can resign at the Univ.

you can refer various attorney websites prominent among them being www.immigration.com or www.murthy.com (sheela murthy)

wishes and good luck
emito okka signature kooda tattadam ledu time KI
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Deepblue
Desanike Pedda Bewarse
Username: Deepblue

Post Number: 2037
Registered: 03-2004
Posted From: 24.1.165.188

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Posted on Wednesday, June 30, 2004 - 9:34 am:   Edit PostDelete PostView Post/Check IP

pls check
immihelp.com
murthy.com
khanna.com

post in those forums, you may get the answers
Bewarsetalk.com.... Be heard
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Venkata
Pilla Bewarse
Username: Venkata

Post Number: 1
Registered: 06-2004
Posted From: 128.173.180.147

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Posted on Wednesday, June 30, 2004 - 9:31 am:   Edit PostDelete PostView Post/Check IP

I am on H-1b visa, and my VISA will be expired in Dec 2005. Presently, I am working on University sponsored H-1b, and got a job in industry. Because of the H-1b cap, I can not work until October 2004 in the industry. But they are asking me to join them as soon as possible. I came to know from the president of the company that H-1b tranfer from University to industry will come under the cap. In such case if I resign from my present employer after filing for the H-1b tranfer, is my stay before the approval in US legal, and if so how many days can I stay? Please respond Is there any website or someother source which can be helpful to me. Please help me.