new H1-B term

[sk8er]

Hi,
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

So, can you

1. enter the US on B2 for a job search from June 2011 - September 2011
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011

and not raise any of the following red flags :

1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ?

2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2

3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ?

4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ?

5. Would the consulate cancel my B2 visa after stamping H1-B ?

Please advise on where I should give gaps in my timeline or would cutting it so close work ?

[SGP]

Originally Posted by sk8er

Hi,
I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

So, can you

1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes

and not raise any of the following red flags :

1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.

2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised

3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine

4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US

5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not

Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.

Please see my replies in Bold Dark Green.
____________________
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[sk8er]

I cannot read the above post

[snathan]

Originally Posted by SGP

Please see my replies in Bold Dark Green.
____________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

For Questions 1-4 : If you are going to search for job, you are a consultant and search for employe employer relationships issues. Its not easy to get the stamping done.

For Question 5. You can not have two visas in your passport. So if you get the H1B stamping they will cancel the B2.

[FraudGultee]

i heard one can have both valid L1 and B2 visas not sure if it works with H1b

[srimurthy]

You can have both visas stamped say H1 and B1 or L1 and B1 / B2. The only thing is one is currently in US either on H1 or B1 or L1 and that is based on I-94 and at the time of entry when you inform on what purpose you are entering the country. Visa's do not mandate / guarantee your entry into the Country but I-94 does and it dictates your period of stay.

[snathan]

Originally Posted by srimurthy

You can have both visas stamped say H1 and B1 or L1 and B1 / B2. The only thing is one is currently in US either on H1 or B1 or L1 and that is based on I-94 and at the time of entry when you inform on what purpose you are entering the country. Visa's do not mandate / guarantee your entry into the Country but I-94 does and it dictates your period of stay.

Please post the source...

[sunny1000]

Originally Posted by srimurthy

You can have both visas stamped say H1 and B1 or L1 and B1 / B2. The only thing is one is currently in US either on H1 or B1 or L1 and that is based on I-94 and at the time of entry when you inform on what purpose you are entering the country. Visa's do not mandate / guarantee your entry into the Country but I-94 does and it dictates your period of stay.

Not true about the visa portion of your statement. Nowadays, they cancel all previous visas (valid or not) with a "Canceled without prejudice" stamp.