Attorney_20

Attorney
  • Posts

    305
  • Joined

  • Last visited

2 Followers

Profile Information

  • Gender
    Not Telling

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

Attorney_20's Achievements

Advanced Member

Advanced Member (3/3)

0

Reputation

  1. 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.
  2. 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.
  3. 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.
  4. None of that should be relevant as long as you are physically working at the location listed in the certified LCA.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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!
  12. 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.
  13. 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.
  14. 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.
  15. You will not be eligible for an H1B with a different employer if the visa stamp or I-94 card was not issued for the cap subject petition. If the cap employer job offer is still available, you can reapply for a visa for that job again.