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H1 Transfer, Premium Processing, Out-Of-Status, Priority btw two applications, CPT enrollment timing & Quota validity

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  • H1 Transfer, Premium Processing, Out-Of-Status, Priority btw two applications, CPT enrollment timing & Quota validity

    Hello
    You have a great resourceful forum going here. Thank you for the insightful comments and discussions.
    My queries are regarding H1B & Premium Processing based on my brother’s current situation. (There are four scenarios (cascading) with four questions in total). Thank you in advance for reviewing and providing your feedback.


    Scenario A: He secured visa lottery while working with firm A while on OPT (after his two year Masters from a US university). H1B started Oct 1, 2015 (three year validity).
    Signed up with Firm B on Oct 2 and Firm B will be sending the H1B Transfer petition to USCIS on Oct 8 (accordingly EAC Receipt is expected sometime around Oct 18 in non-premium processing timeline).
    Note: The second job with Firm B is in a different industry with a different title and not in his area of higher studies that he pursued from the US. Am aware that his change of industry in his new job can be a factor in the decision of USCIS. And also the fact that there will be approximately a 14 – 20 day gap between leaving previous job (Oct 2) and receiving the receipt from USCIS (approx. Oct 18) and the final decision a month or so after.

    Qs A: Premium Processing: He is not opting for premium processing with the idea that any extra time that he gets, he can utilize it to look out for other employers (in his area of education) in the event of an unfavorable response.
    Is this approach and reasoning in the right direction? Would you agree with the thought?

    Scenario B : Result and reapply: In the event of an unfavorable response, lets say by Nov 15, 2015, and if he has another employer (Firm C) that he can apply through, on Nov 18 (and after applying, receives the receipt by Nov 29) .

    Qs B: 1. Can he do this? (Apply, get rejected after two months, and apply again through another employer…)
    2. How many days of Out Of Status has he accumulated by now? (gap between second Job to Recepit date + gap between Rejection to third job Receipt date i.e. Oct 2 to 18 + Nov 15 to 29(approx.) i.e. about 30 days in total!) Is this understanding correct? OR is it that this entire period Oct 2 to Nov 29 he will be considered 'Out-of-Status'?

    Scenario C: As of now (Oct 2015) he is expecting one of his interviews at another firm, Firm D (in his line of education) to come through. But the result of the interview is expected only around Oct 25. (by which time the Firm B application is already under process with USCIS. )

    Qs C: In case he wants to pursue Firm D employment on Oct 25, can Firm D apply to the USCIS while there is already an application(Firm B) in process? If so which one takes precedence and should he put this new application (Firm D) through Premium Processing for it to take priority? Or should he request Firm B to seek withdrawal of their application with USCIS? How would the timeline of requests at USCIS end work?

    Scenario D: In case, none of the above work in his favor, or to be on the safer side, (to accumulate least number of ‘out-of-status’ days) before any unfavorable replies from USCIS in any of the scenarios, there are two alternatives we are thinking about – Enrolling in a college F1 (CPT) or return to India and apply for jobs from there. I guess these are the two most feasible solutions in such a scenario.

    Qs D: 1. What date should he ideally look at signing up with a college given that next (earliest) semester is Spring 2016(and how much time does the process take for getting his status transferred from an H1/Transfer-in-progress status to F1)?
    2. a. And in case he decides to head back to India, when should he ideally do so?
    b. Also, how long can he stay in India and keep applying i.e. how long will his H1B quota stay active?(the whole three year validity period?)

  • #2
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    • #3
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