Legal Question in Immigration Law in Florida

is this possible in H1B

hi

am on my 3rd yr H1 now ....

is it possible for me to apply for another h1 next year on april 1st 2009 through a different employer..

will it count as a separate quota,and will i get 6 yrs starting from april 1st 2009.

also,if i have two H1s, is it mandatory that i should be working for both the employers simultaneously either partime/fulltime to keep my both H1s active, or can i just work on one H1b and dont use the other one..

pleaes advise...


Asked on 12/08/08, 3:55 pm

2 Answers from Attorneys

Rebecca White Law Office of Rebecca White

Re: is this possible in H1B

You can transfer to another H-1b employer at any time you wish without being subject to a new cap count. You will not need to keep working for both at the same time, but it is very important that you continue with the first employer until you have filed with the second. You only have six years of total time in H-1b status(unless you are out of the US for a year to restart the clock. If I can be of further help either with your questions or a new H-1b filing please contact my office.

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Answered on 12/08/08, 4:05 pm
Isabella Mayzel, Esq. Law Offices of Isabella Mayzel

Re: is this possible in H1B

You are not subject to the cap any more since you got your spot in the quota during the first round. The H-1B visa will not start the count from 0, it will continue and be a subject to the 6-year limitation. You will be able to extend the visa for the 7th year and further if your employer files the labor certification for your green card before the 5th anniversary of your H-1B. You could use either both H-1Bs on the part-time basis or one of them either on the part-time or full-time basis. Good Luck!

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Answered on 12/09/08, 9:21 pm


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