giri26

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Everything posted by giri26

  1. I agree that the OP needs to renounce Indian citizenship when he acquired US citizenship as India does not allow dual citizenship. But again I would like to clear one thing though, it is not a requirement that this has to be done immediately. India does allow 3 years before which you would need to renounce the Citizenship. The fines are for people who continue to use the Indian passport after acquiring a foreign nationality which is an offence. I live in Australia and did not renounce or surrender my passport for 2 years after obtaining my Australia passport. I had no issues doing so after 2 years. The penalties start if you don't surrender your passport within 3 years and if you travelled to India even once before surrendering your passport during that time using your Indian passport. Now to answer OP's question, yes as soon as you have taken the OATH, your Indian citizenship isn't valid anymore and you cannot use your Indian passport. The best thing to do is to wait to receive the US passport and do the renouncing of Indian passport and applying for OCI at the same time. In case of emergency you can get a Indian visa though. renouncing of Indian passport isn't time consuming, takes just 3 weeks.
  2. Tourist visa is to enter USA, it does not matter where you are entering from. So they are perfectly fine to enter from Australia.
  3. Level 1 salary for any profession on H1b is mostly very low. It does not matter how many layers are in-between, your employer needs to be paying you the right salary for the role they are offering. The visa officer does not care about the multiple layers in-between and it is not their concern. The problem for them would have been the salary being paid for the position your company has offered you. Discuss with a lawyer and your employer. I have seen lots of L1 visas denied on the same premise where the Visa officer thought that the salary offered was way too low.
  4. These are questions for an immigration lawyer. I am surprised that you are one of the co-founders of a company and are relying on a public forum to make such an important decision. Speak to an immigration lawyer to get the right answers and something which will not impact your current and future status.
  5. Hello, Thanks for your response. I had resigned my job with the company who hold my I140. So they are not going to file AOS and also it has been at least 3 years since my PD was current. So that is out of the window. So I am thinking the only option is to get H1B via lottery and use my priority date to get the GC sooner. I am thinking I can reuse my PD even though I am not using my I140 to extend my H1B
  6. My Perm was was filed in 2007 and my priority date is September 2007. I have an approved I-140 which wasn't revoked by my employer. I had to leave US in 2016 due to personal reasons. I quit my job and left the country in November of 2016. Just wanted to understand how long can I continue to use my approved I-140 and my priority date? My I-140 was approved in June 2008 and I am 100% sure that it hasn't been revoked by my employer. I worked for the same employer for the entire 10 years. Any information will be helpful. I am not sure if I want to go back to US but if I did I would like to understand if I would be cap exempt and if I can use my 2007 priority date.
  7. Talk to a immigration lawyer. People on the forum cannot provide legal advice.
  8. As Joef already mentioned there is no employer dependency for h4 as I am assuming you work with EAD. The only thing matters is for the H1b holder to have a valid status at the time of your visa stamping. No need to wait for employer change as it does not matter for H4 stamping. If it is H1B then yes it does matter and it is better to wait for employer change and new I797.
  9. You do realise what you are doing is illegal right? No document can help you. You need to go to a real university and try not to bend the rules.
  10. The best way is to get in touch with the Indian embassy.
  11. As far as I know, if you haven't travelled or worked on H1B, you cannot extend that petition. Your best chance is to hope you get your visa or your employer needs to apply for a new petition.
  12. Run it past a good immigration lawyer. No one on the forum can advice something like this. When you are having troubles with the law on a non immigrant visa it is always good to have an immigration attorney work with your criminal attorney to make sure the right call is made.
  13. As Attorney_15 said you might land yourself in trouble in the future. Depending on whether you have the tourist visa already or not, you may have to either lie during the visa interview or at the POE. There is no way you will gain entry or get tourist visa if you say you are planning to convert to H1B while you are in the US. This will be misinterpreting facts and you might get into trouble in the future as you may receive an RFE to explain or might get asked during an interview. To avoid all this trouble, I would suggest you just stay back in India while the H1B is getting processed and get it stamped and go to the US on H1B. You aren't going to be able to work anyways till the H1B is approved even if you are on tourist visa in the US. There is no advantage to that and there is a good possibility that the USCIS may approve the H1B and not approve the COS, this would mean you will have to go back out to get the visa anyways.
  14. If you were never in US. None of that matters to you. You will have to file a new H1B with the new employer and would have to go through the lottery. You cannot use anything from the previous employer as you never worked on that H1B.
  15. You have to contact a immigration lawyer. You are stay in US is illegal if what you are saying is true. You cannot work for a new employer on an old employer petition. How does any H1B hiring company not know this? Contact a immigration law firm immediately.
  16. How did you change jobs without filing a H1B petition? I am really confused. If you changed your job in March 2019, how does it matter if your old employer revoked your old H1B. If you are working for your new employer without filing a H1, you are out of status and in deep trouble now. You cannot work for a new employer with old employers H1. I suggest you consult a good immigration lawyer.
  17. Stamping has nothing to do with your status in the US. The Old employer by law has to inform that you don't work for his organisation anymore. Him revoking the petition has no bearing on the H1B petition filed by your new employer. If you are asking about going for stamping, once you have left your old employer you can no longer use that petition for stamping, revoked or not. You need to wait for the H1B approval from your new employer.
  18. No extending your current H1 will only give you reminder of the H1B time you have left now. If you want to get a fresh 6 year term, you would need to go through the lottery for H1B filed at least after a year of absence from US.
  19. Get in touch with a lawyer immediately and involve an immigration attorney as well ASAP. This is a serious offence and can have immigration consequences. This is not the time to rely on forum advice.
  20. Talk to a immigration lawyer. This is not a clear cut case and you cannot rely on advice on a public forum. Murthy has a office in India as well.
  21. I140 cannot be ported. The new employer needs to start the process all over again. You can retain the priority date though. The big problem for you is the pay stubs. Without pay stubs it will be hard to prove that you are actually working. Your I140 isn't with this employer either. Just depositing money over the counter does not prove your status. Report your employer to the DOL. That's the only way to get around this. I strongly urge you to report such people as they need to be shut down. Can't believe people still work for such employers. Always learn and understand the law when you are in a country.
  22. I am very surprised that they would deny a petition without giving you an opportunity to provide additional information. Some information is missing in this for us to be able to provide any suggestions. @Noah Lott The problem is that that parents during that era in India did not care keeping a name for the child during birth which is the reason lots of the times the BC's were given without the name (Horrible by the corporations during that time) of the child and just the parents names. Nowadays it does not happen. Also I am very surprised how the OP was able to get GC without the name in the BC? What documentation evidence was provided when applying for the same? Like pontevecchio mentioned DNA test could have been done as well.
  23. Talk to a immigration lawyer. This is complicated and I don't think anyone on this forum can guide you on this. Also you don't respond to RFE's ,it is your employer who should be doing it. I hope they are using a lawyer? Having multiple layers on H1B is not a good idea, it is very difficult to prove Employee-Employer relationship on such situations. Even if you are able to give them the contract, I still feel it is going to be difficult. I wish you the best but you would need to consult an immigration lawyer.
  24. Employment history and Criminal history are of interest to immigration. So if you have something on your record, it is better to discuss with your lawyer.
  25. giri26

    I-797B

    You need to leave the country immediately to get new I94. Your Change of status has not been approved.