Attorney_20
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Do I need to get new H-1B stamp after renewing I-797A?
Attorney_20 replied to Tomo's topic in H1B : General
Yes you can use the prior H1B visa stamp if it is still valid along with the new I797 to reenter the US. Make sure to check your CBP admission record to ensure they give you the date on the I797 and not the shorter date on the H1B visa. -
Tutoring students online would be a violation of H1B status, regardless of whether you are paid or not. It would not be advisable to upload educational content to Udemy as this could be interpreted as employment with Udemy by USCIS.
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Got Laid-off and applying for Multiple job postings
Attorney_20 replied to Eleven11's topic in H1B : General
In this case it is okay to have more than one employer file an H1B transfer petition, but you can only use one at a time. If all three file for you, which one will you join? That is the one you will use. USCIS will not care that more than one employer filed for you in these circumstances. -
Attorney_20 started following H1B 7th year extension - specific case , Co owner and registrant for a vehicle outside of my MSA , H1B - 221(g) - Administrative Process and 3 others
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Co owner and registrant for a vehicle outside of my MSA
Attorney_20 replied to Rahuul123's topic in H1B : General
None of that should be relevant as long as you are physically working at the location listed in the certified LCA. -
H1B - 221(g) - Administrative Process
Attorney_20 replied to Sajan425's topic in H1B : Processing Times
Administrative processing delay times depend on the reason(s) for the delay. For example, if the job involves work with a client the consular officers sometimes check to see if the client project still exists. You can contact our Murthy India Affiliate office at www.murthyindia.com for consular assistance. -
While H1B 7th year extension pending I140 approved
Attorney_20 replied to trbala's topic in H1B : 7th Year Extension
The employer can still withdraw the I-140 (i.e., the job offer) after 180 days but they cannot take away your ability to get H1B extensions beyond the 6 year limit even if they withdraw the I-140 after it's been approved 180+ days. -
The employer is not allowed to have the H1B fees paid for by the employee. You can contact DOL Wage and Hour Division to get your money back if you want. You will be able to return to the U.S. in H1B status with another employer if that company get an H1B petition approved for you.
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For an H1B job, you need to have education or a combination of education and experience in a relevant field of study. We have filed petitions for people with mechanical engineering degrees in IT jobs, but those workers had to show relevant work experience in IT to qualify for the IT job despite their mech engg education background.
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H1B 7th year extension - specific case
Attorney_20 replied to Krishnadawipayan's topic in H1B : General
You qualify for a 1 year extension because you will have a priority date that is 1 year old before your 6 years maxes out. When you file for the extension after Jan 28, 2024, you can provide a copy of your PERM application with the Jan 19, 2023 priority date to get a 7th year extension. -
H4 -> B1/B2 change due to spouse's travel abroad.
Attorney_20 replied to ghm2183's topic in H1B : General
The reason for the visitor visa will need to be provided at the interview. However, when applying for a visitor visa, you need to show that you have nonimmigrant intent. Having approved I-140 immigrant petitions could impact the B1 visa applications. You should speak with an immigration attorney about your plans. -
MS in IT but I want to work in Mechanical related field
Attorney_20 replied to Jvd679's topic in H1B : Visa Stamp
If you have several years of mechanical engineering experience, you could get an experience evaluation showing you have the combination of education and experience equivalent to a degree in mechanical engineering or related. If not, you could consider changing to F1 status to pursue a degree in mechanical engineering and possibly get CPT or OPT work authorization to gain experience in that field. Good luck! -
H-1B Stamping with Dismissed Domestic Violence Case
Attorney_20 replied to ADC10's topic in H1B : Visa Stamp
Bring your court docs and immigration memo but do not bring the police arrest report. 221g delay will depend on how long the officer takes to clear this matter, which usually depends on the consulate's current workload. This will probably not come up at the POE, just at the visa interview/stamping. -
H1b Dropbox with dismissed Criminal Misdemeanor
Attorney_20 replied to Rose_01's topic in H1B : Visa Stamp
You definitely need to resubmit the DS-160 answering "yes" to the arrest question and providing an explanation. It should not be an issue as long as you disclose it. -
You can continue to work on the approved petition you have right now but it also sounds like that case will be revoked soon too. You should speak with an immigration attorney to determine your options moving forward.