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  1. Today
  2. Avitesh

    H1B Transfer process

    I have a doubt regarding H1B transfer. Currently, I have H1B visa with employer A and it was expired in November 2018, however, I do have the extension approved for that till 2020 but not stamped. In the meantime, I got the offer from Employer B and they filed my visa transfer, however, I did not get any status update on that yet. I am going to India and have to get my visa stamped via Dropbox with Employer A. Is there any problem I can face. I mean how this transfer thing works? Really Appreciate experts' help here.
  3. cap-gap

    H1B amendment denied

    The only thing you can say for sure is that you are not accruing illegal presence due to previous i94 validity. But your “status” on the other hand is a sheer mess and it is almost certain that you will be considered out of status.. the best course of action at this time is to apply for a H1 qualifying position and petition, that too in PP and see if you get approved new I94 too.. It doesn’t make sense that particular management position was deemed unqualified for H1.. even worse, which implies your previous role wouldn’t qualify anymore too under new tighter regulations..
  4. SM28

    H4 EAD and GC EAD

    I have a confusion regarding H4 EAD and GC EAD. I am on H1 and applying for H4. I applied for 485 and EAD with my spouse GC petition two months back. Can I apply for H4 EAD along with H4 petition when GC based EAD application is pending? When I spoke to lawyer, she said you need not to file H4 EAD as you can use GC based EAD. She said it won’t affect my H4 status; I will still be on H4. When I am looking on immigration forum, I find the different answer as they are saying once you use GC based EAD, you will on AOS pending. Please suggest.
  5. My H1B cap exempt petition is filed for Chicago location more than an Year back and is approved till feb 2020. Then I had travelled to Orlando on the receipt of the amendment petition in sep 2017. Now in June 2018 I got an approval for the same but with a past date feb 2018. I-94 portal still shows my validity as feb 2020. But I was called back to India by my employer and they are now filing an extension for the same client in Orlando. is this a correct step, if it so and this gets approved do I need to go for Visa stamping again.
  6. Hi, I'm currently on OPT and working for employer A as a full-time employee. They filed for H1. Here is the RFE query. why a civil engineering degree would be a normal degree for the job position of construction cost estimator ? Please advise.
  7. Thank you all for the responses and let me wait and see.
  8. gouthamsworld

    I140 RFE asking letter on company letterhead

    Your lawyer is not 100% correct. You still have a chance to get an approval . USCIS generally requires experience letter on the letter head and thats what they consider as the primary evidence of your experience. In case where you dont have that they may consider other evidence like paystubs+colleague affidevit if you submit proof that primary evidence is can not be obtained. In ypur case if you have any email or letter from your old company denying to provide you a letter you can attach that along with couple of colleague letters (preferably who is still working there). please see the attachment from an RFE i received . And i submitted letters from colleagues along with email from my old company HR denying my letter.
  9. Devi Sarenya Saravanan

    H1B Denial

    My H1 transfer got denied on 18 May 2018. but I got to know only on 11 June 2018. My I94 is valid until 10 Aug 2018. how long can I stay in US to find a new job.
  10. Ivypro

    H1B amendment denied

    Position doesn't qualify as specialty occupation. I manage a team of analytics professionals and am hands on in the work on a regular basis.
  11. These "Day 1 CPT universities" are frauds. By abusing CPT you may have killed your chance for an H1 by going to such a fraud. When will people learn???
  12. JoeF

    Can I do masters degree while on H1B

    As long as you fulfill the H1 obligations, i.e., working fulltime for your employer, you can study on the side.
  13. Employer 1 --PERM 1 (EB2) Received RFE due to degree requirement was checked as "Other" while i have done MBA from US. Another reason was Ability to pay. The employer has more than 500+ consultants and MM$$ as profit and paying on time. Responded with all financials but received denial on both grounds (PERM Edu+ Ability to pay) so had to file the MTR, after 6 months in MTR we received the final denial again [Details unknown] Question 1: Is the issue with “Others” in PERM for an “MBA” candidate big enough to raise the concern? Employer 1--PERM 2 (EB2) The PERM 2 has the corrected checkbox on education (Masters) but has different current/future job titles (e.g Currently “QA” future “Software developer”). The work exp is all related to QA, with background as BS and MBA. Question 2: Have seen few approvals with no issues on forum, does this raise a concern? Employer 2—PERM 3 (EB2) Asking me to Transfer and will start the EB2 PERM right away, Question 3: With only 6-8 months remaining on completion on 6 yrs of H1B. Is this good decision to Risk for H1B Transfer (EVC) and start the PERM? The Last Question: Question 4: While on approved H1B with help of PERM from employer A [1 Year], can we transfer the H1B to employer B. Does the employer B have to file a PERM to onboard me or just transfer? What decision to make 1. Stick to PERM 2, go for extension and hope for best 2. Jump to employer 2 file transfer (EVC), extension on PERM 3, if no gaps than i-140
  14. Yesterday
  15. NashMak

    H4 EAD Approved but card not recieved

    any update on this?
  16. venkatramrm@gmail.com

    H4 visa stamping

    Drop me an email, As part of my help, i will share a 221g group info, where you might get some help / info.
  17. Hi All, I have approved I-140 with EB2 priority date 10/2012 from Company A. Last year company A filed bankruptcy and it was acquired by company B and they are successor in interest. So they filed I-140 amendment and currently it is in progress and it will be approved anytime. Now Company C offered a full time and they will file H1b transfer. Is there any issue in H1B transfer? Can we use Company A approved I-140? What if I-140 amendment is approved. Do I need to wait for 180 days before I can use that I-140? Any input is greatly appreciated!!! Thanks!
  18. metroguy

    Can I do masters degree while on H1B

    Yes you can. But practically hard to complete in 2 yrs
  19. Hi All, I am on H1b, got I-140 approved. I am charged with felony for PC 501(a) and PC 501(b) Insurance Fraud, attorney has agreed with DA to get me down to misdemeanor PC-415 disturbing the peace and no probation, after which the case will be dismissed. I have been booked for fingerprint and photo for this. I have never been in any trouble before this, this is the first charge against me. I'm aware about PC501 charge is CIMT and PC415 is not. My concerns are, 1. Should I take the deal for PC-415? 2. What consequences should I prepare myself for H1B extension coming next year, if I take 415 deal? 3. What consequences should I prepare myself for H1B stamping in India, if I take 415 deal? 4. Will there be any issue if I try to switch jobs? Me and my wife are having sleepless nights thinking about this problem, any advise or guidance is greatly appreciated. Please help. Thanks
  20. This goes to show the risk in H1Bs. Despite USC kids, non-immigrant visa attempts could always land in AP, POE issues, etc.
  21. You cannot force an employer to file. H1b is an employer's petition, the company decides what positions they have and which of those positions they hope to file an H1b for if a USC/LPR in unavailable.
  22. cap-gap

    H1B amendment denied

    U left out an important detail - reason for denial. It will dictate the future course of action.
  23. Ivypro

    Can I do masters degree while on H1B

    Part time education is allowed. I got two masters degrees that way while on H1B status. The school's international students office should help. In some cases you can also qualify for in-store tuition too.
  24. pontevecchio

    Living at different address compared to AR-11

    Instructions for form N-400. Always a good idea to read USCIS instructions about any forms.
  25. cap-gap

    New memo on NTAs dated 28th-June-18

    Even a single a day without a valid I94 after denial is considered illegal presence.
  26. No need. Carry both passports for travel. Existing visas in old passports remain valid for travel.
  27. natan111

    DWI/DUI and new USCIS Memo and consequences

    Yes, but only if those year-old dismissed charges would make you inadmissible/removable (i.e. convictions for immigration purposes - mostly aggravated felonies) AND if you committed ANOTHER crime while inadmissible/removable (even if that other crime was ultimately dismissed).
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