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  3. I'm also in the same situation, please let me know if you find out any details about this. Thanks.
  4. new_or_renew

    H1B cap exemption rules

    I was in the USA till June 2018 with Employer A on an L1A visa. My last I94 was valid till 3/2020 before I moved back. I have an approved H1B petition that I did not get stamped. (Petition End Date : Sept 2019) . I also have an approved I140 petition (EB2) filed by Employer A with Priority Date of July 2015. I'm now working in India at one of the remote offices of Employer A. I wanted to check if I can work for Employer B in the USA on a H1B petition without having to go through the H1B lottery again since I have an approved but un stamped petition valid until Sept 2019. Would I also be cap exempt after Sep 2019 since I have an approved I140 ? or does that need me to be in the US & in H1B status. For both Employer A & Employer B , the job descriptions are pretty much identical.
  5. xTDx

    On OPT...New H1B denied...what are my options

    No need to cancel MTR. Let it go through. By the way you cannot move to a new employer based on your "lottery picked up" H1b application. You need to be on H1b status for you to switch employers. You can do it once current under RFE application gets approved and you start working with your employer under H1b status.
  6. prashanth.bandlamudi26@gma

    multiple H1B petitions in 2019

    Hello immigration experts, I am planning to file multiple h1b petitions this year for me from different employers and different petitions. The 2 different companies are not related to each other. https://www.uscis.gov/news/news-releases/dhs-proposes-merit-based-rule-more-effective-and-efficient-h-1b-visa-program The above is the link for new rules which could potentially come into place. Keeping the new rules under consideration, do you think can we make multiple petitions this year? I am really worried about this and a detailed explanation of the new rules and multiple petitions would be helpful to me.
  7. Hi, I'm working on H1B with Company A which is valid till September 2020 and I have 2 new offers from Company B and Company C. Can both the companies apply for H1 B transfer at the same time? If yes if both applications are approved can I choose to join one and let the other company know that I'm not interested to join them post the transfer? Please let me know the implications in this Thanks
  8. Abhishek Ghosh

    GC Initiation post H1 B Max Out

    Thanks a lot
  9. Abhishek Ghosh

    GC Initiation post H1 B Max Out

    Thanks for the information
  10. Abhishek Ghosh

    Filing new H1B post Maxing out previous one

    Thanks for the information
  11. shekar11#

    H4 dependent VISA Extension Issue

    No limit. You can stay as long as your application is pending with USCIS.
  12. Having two applications for AOS has tended to delay things in the past. In theory, you could do both. I would first get a Lawyers take on the matter to avoid both applications being delayed.
  13. Thank you! Appreciate your response!
  14. I believe you can stay after 240 days but you can't work. I would recommend to consult attorney! What was your receipt date in California service center ? What was the reason for RFE ?
  15. User-72

    H1B transfer and 60 days grace period

    60 days grace period starts from the day your old employer revokes your H1B petition. Normally, companies don't revoke H1 unless there is specific reasons. You can check with your old employer. But more importantly i would be concern that your payroll will not be running since you're on the bench or not employed. Which becomes illegal! If i were you, i would request the new employer to expedite paper work in premium processing if you have that option.
  16. I transferred my H1B to a new employer and got the H1B stamping through the new employer, and now I want to go back to my previous employer. Can I go back to my previous employer without H1B transfer since they did not revoke my petition? The new employer I-94 is valid till 2020 and old employer I-94 is valid till 2021.
  17. H1B-H4

    H1B Silent Partner

    any replies? Any one have similar situation? Thanks
  18. happytohelp

    H1B Extension & Amendment - RFE - Stay Beyond 240 Days

    Hi,, As per my understanding we are not allowed to stay beyond 240 days post i-94 expiry in the situation where approval/updated i-94 is not received. The only possibility is because your case has been moved to Nebraska your employer can try if that can be converted for premium processing in case nothing was changed and is simple extension (you may need your attorney's input) but that is the only possibility I see to expedite the process and get the result as quickly as you can once RFE response is submitted. Snap from USCIS website :
  19. 1- You can stay in USA past 240 days , however you cannot work. After the 240th day, you must wait for the USCIS decision without engaging employment . 2- As your i94 is expired, you must wait for the decision on your ongoing under RFE h1b extension. There seems to be no other way beside 1.
  20. care_candidate

    First time entering after Green Card

    Thanks @pontevecchio and @JoeF
  21. xTDx

    H1B transfer and 60 days grace period

    1. You get no grace period if you quit voluntarily. 2. See 1. You get no grace period. Your previous employer is required by law to notify USCIS your last day of work. So assuming they are in process of doing it now , USCIS will probably know your last day of work very soon. If they approve your transfer petition with new employer ,it will be under consular processing. 3. No. As you have left the previous organization and you have no receipt number for new employment, your H1 is gone and you are most probably accruing unlawful stay right now. Suggestion here would be to consult a competent attorney and get your case reviewed in depth and probably leave the country asap.
  22. Hi, all My wife and I are from China (Mainland). My company concurrent filed I 140 and 485 under EB1B in Jan 2018. I am the primary applicant on the EB1B case(140 approved, PD is Jan 2018), my wife is derivative. Our 485 forms are pending now, because cutoff date for EB1 China is Feb 2017 in the visa bulletin of Feb 2019. And the cutoff date for EB1 china is moving slowly recently. However, my wife filed EB2 NIW back in Oct 2015, which was approved. Her priority date was Oct 16th, 2015 and the current cutoff date for EB2 China is Oct 2015 in the visa bulletin of Feb 2019. Maybe it will before current in the visa bulletin on March 2019. We are wondering if it is possible to file another I 485 for both of us based on my wife's EB2-NIW in order to get the green card fast. We are not sure if USCIS will allow each applicant have two 485 forms. Will this cause any issue to our pending 485 forms based EB1B?
  23. Provence

    H1B - laid off

    All companies are American. They could be managed/staffed by desis, but they're American by virtue of their location. What would be your intended recreational purpose for B2 status? As noted above, if there is an open H1b position that you qualify for on merit, you're free to apply to within the stipulated time window. If not, usually the best bet is to return to a home country. I'm not aware of any conditions of this forum that prevents anyone from disclosing the name of something as public as the name of a university. If there is one, please enlighten us all. The name could be relevant within the F1 to H1b context.
  24. Hi I am Priya. I was working with a company A and recently got an offer with company B. Company B wanted me to resign at the earliest so I could join them. It was a big mistake that I went ahead and resigned company A on Jan 11th 2019 with jes the offer letter from Company B and no receipt number. Company B has given me a starting date of Jan 28th 2019, but they haven't started the H1B process yet. Company B assures that they would start the process as soon as their attorney is back from vacation but I am not at peace as I have already resigned and technically out of status. My current visa with the old employer A is valid till Dec 31 2019 and my i94 reflects the same. I wanted to know the following: 1. Did my 60 days grace period start from 12th of Jan 2019? 2. If so, am I expected to have an approved H1B transfer by 12th of March 2019 or is it enough for me to get a transfer filled before 12th of March? 3. If by any chance the H1 transfer gets rejected, can I apply for a transfer through another employer C? If so how many days would I have to apply the H1B transfer? And once the transfer is applied, can I stay in the US until a decision is made on the transfer? Thanks Priya M
  25. Hi Team, My case was filed in California center,Due to large volume my case moved to Nebraska in Nov and got RFE in Dec. My 240 days on mid Feb 2019. My i94 expired in Jun 2018. USCIS provided the deadline to respond my RFE by March 2019 after 240 days. My question is, Can I able to stay after 240 days in any of below reason? 1. Since my RFE response deadline date is after 240 days? 2. If my home office work site location was amended with existing petition and filed along with my extension. There is no client location or office work site location change. Appreciate, your response on this. Thanks in advance
  26. xTDx

    h4 ead can work with receipt

    H4 ead applicant cannot work on receipt .Not even when you get an approval email or the card is in mail. She can only start working when the card is in her hands.
  27. adshah84

    H1 Transfer on I140 Approval in less than 6 months

    Please read carefully. I have mentioned that if his employer revoke I140 before 180 days.
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