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  2. Attorney_22

    EAD/APs

    This week, Murthy Law Firm attorneys will answer questions related to working pursuant to EADs and travelling based on advance parole. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.
  3. Today
  4. i do have a job offer mentioned on I140, the job mentioned on i140 is after GC is approved. and since i just got back to the usa i do not have end client for the job that i was doing before i left. Will this cause denialo of my I485?
  5. Hi My situation is little complex . I got 221g white slip during VISA interview. The reason was that NOIR was issued at the same time I left to India for Interview . The reason for NOIR was client visit at Client A and my project with client A got over a week before the visit. I was working for Client B , 20 miles from Client A , so amendment was not filed. My attorney responded to the NOIR stating the same fact. Now I am worried if my H1 would be revoked. Do my employer need to file an amendment . if yes then is there any chance of approval in Premium processing?
  6. Have filed H1B extension in Non-Premium on 10Aug,2018 and then converted to premium on 24April,2019. Petition is in Nebraska Center. It’s been 30days after premium conversion and haven’t heard any decision.
  7. JoeF

    Second Masters OPT/CPT

    No real university gives out CPT from day one. And data science requires serious study, not working.
  8. What is your current status? In H1 you have to get paid all the time. And of course, for a GC the job has to exist at all times.
  9. Noah Lott

    B2 visa for short summer music program?

    While a letter explaining the program may help set the backdrop as to what is supposed to take place, etc, the major challenge is for each applicant, child or adult, to convince the CO that they will abide by the terms of a B2 visa...the 'backgrounding' I mentioned is not a time consuming process...it requires a bit of work by the Fraud unit in a consulate...I would ask/assign someone there to make some phone calls taking info from the applications (DS 160) and spot check the adults' place of work, etc...and do a few other things that might help build a framework from which to begin the interview....this method works well because in general. most bona fide travelers will be able to easily answer questions about their own background...by having some of this in front of me, I can compare apples and oranges faster...if an applicant struggles to come up with basic answers to certain questions, or those answers are way off the mark from what my staff found out earlier, well, that person is going to get some attention....I also mentioned that I would want to interview a few of the kids who are younger than 14...especially the 8-10 year olds....why? Because child smuggling is a problem in many parts of the world...often a parent or two has wandered off to the US with a B2 visa and now wants their kids to join them, but know that the kids cannot just blurt out that their parents have been on 'vacation' in the US for 18 months...that won't work! Instead, they show up at the interview with an alleged parent who often turns out to be their grandmother or aunt...all I had to do to figure this out was ask a couple of simple easy questions of the child, then ask a very direct question, such as, 'where is your mom?"..when they answered 'Miami' the game was over...or I would ask,'where is your grandmother?' and they point to the woman next to them...who claimed she was his/her mom....oops....you cannot believe how many people I caught attempting to get visas for 'family reunification' purposes....sadly, it happens...so my pre-interview spot checks give me some extra info I can use to build a better picture and ask better, but narrowly focused questions that will help me decide more accurately. I may sound as though I was paranoid - I was just very careful when dealing with under 18 applicants, because I have seen the results of sloppy decision making. My responses are not an aspersion on you nor the program - just telling you that the process may not be as easy as you hope or believe, because the bad apples have just made things tougher all around...and because the US does not have anywhere near adequate border controls or other regulation of overstays....and as a result, I considered myself and colleagues as the first line of defense....and that sometimes meant being perceived as a hard nose (or other less flattering terms)...but my approach reduced the chance of errors...did some bonafide folks get denied during my career....probably...did I issue to some malafide ones....I like to think rarely...but I have no way of getting that information...but I did do spot checks on many of my issuances...and for the most part, the compliance rate was fairly high...but no CO is perfect and our system is not either...over the course of my career, I did track down a few overstays of mine in tandem with ICE and INS (the old days!) and got most of them out of the US..it was hard....I've been instrumental in having more than one immigration attorney being disbarred for visa fraud and a few USCs placed in hot water for marriage fraud and some other things related to visas...but I was pretty focused...probably much more than many...but I was considered a very fine interviewer, was frequently given very challenging cases to resolve and trained a bunch of COs as well....anyway, good luck to you.
  10. giri26

    I-140 Grace Period

    You have 60 day grace period and if your employer does not file the H1B before 29th June, you need to leave the country and enter with a new visa stamp or existing one (if it is valid) with the new I797. You have no other choice.
  11. Hi, My I 140 was approved in Sep 2016. I had to leave for India due to some family urgency in Nov 2016. My employer has withdrawn I 140 in Jan 2017; As per FOIA request USCIS informed my old company about I 140 withdrawal completion in July 2017. Wanted to ask if there is any way for me to retain Priority date. In my case employer has withdrawn I 140 within 180 days. I am still in India as I dont have any visa. Also my I 140 status still shows approved at USCIS site? Please suggest. Thanks.
  12. I just had an interview for my Employment based Green Card, i just got back to the usa like 2 weeks ago from my home country using AP i do not have an end client. I had to travel to my country for my mother's treatment and stayed there for more than 6 months. When asked for my recent paychecks during my interview i told that i just got back from my country and i am on the bench i will receive paycheck next month . Was that a right thing to say? Or am i supposed to be working all the time? am i not supposed to be on bench. I said i am on bench thinking that Green card employment offered on I140 is only after Gc i approved. My Employment based green card is sponsored by consulting/staffing company.
  13. Yesterday
  14. https://www.ustraveldocs.com/in/in-niv-visarenew.asp As per official site, the below questions have to be “Yes” in order to qualify dropbox. Could you please clarify my points in brackets […] I have a previous U.S. visa in the same class as the visa for which I wish to apply YES SAME CLASS, DIFFERENT EMPLOYER [IS PETITIONERS ALSO SAME ON H-1B, OR IT COULD BE DIFFERENT EMPLOYER, CAN SOMEONE CLARIFY…] My most recent visa was issued in India YES I received my visa after January 1, 2008 YES My prior visa is not annotated “Clearance Received” or “Department Authorization”. YES My most recent visa (in the same class for which I am applying) was issued on or after my 14th birthday YES My most recent visa (in the same class for which I am applying) was not lost/stolen or cancelled. YES I have no refusals for a visa in any class after my most recent visa issuance [I GOT A H-1B VISA AMENDMENT WITH EXTENSION DENIED IN USA AROUND SEPTEMBER 2018, AFTER I GOT STAMPED IN INDIA IN 2017 DECEMBER, CAME TO USA IN JANUARY 2018] If I am applying for an H or L (individual) or R visa, my prior visa in the same class is still valid or expired within the last 12 months. YES
  15. pianoman84

    B2 visa for short summer music program?

    Thank you - that’s very insightful to hear from someone who was actually involved in the adjudication process. From my limited experience and knowledge about visa interviews though, it sounds like consular officers often do not have the time to conduct the kind of thorough background checks you recommend, and therefore have to make a judgement call in just a few minutes. That’s the reason I wanted to be as clear as possible in the invitation letter, although from what you said that might not make much difference. I just want to be sure that the officer at least understands what the program is before he makes a decision. I would imagine that most non-musicians, when they hear the words ‘music festival’ (which is what we call these types of programs), they think of something like Woodstock or Coachella and not an educational program. Just to clarify, in the case of the music program I am proposing, the students are not traveling and applying for visas as a group; rather, each is applying to the program individually. Not sure if that makes any difference to what you said so far. Thanks for your perspective - I certainly appreciate the difficulty of the job and have respect for our immigration laws. My goal here is to provide as clear a picture to the officer as possible in the short interview time so that they can make the most informed decision.
  16. (1) No after 240 days. (2) CPT /F1 which isn't safe but people do it, so suit yourself. (3) No effect to h1 (4) May be go through USCIS site
  17. 02112018

    Travel to India while H1B is under processing

    Not safe when visa status is changing from F1 to H1
  18. ravi2375

    How to get mother's visitor visa

    In 2010 (5 months more), 2013 (3 months more) and 2016 (3 months more).
  19. Subbuparam

    H-1B TRANSFER applied premium process

    First and most important suggestion 1) is that you need to learn English. 2) Next Know the difference between Employee and Employer. to answer your question, if I understood right is that you need to know what to do. Whichever is good for your career, you should exercise that option. BUT REMEMBER PLEASE.. IMPROVE YOUR ENGLISH. You cannot work in the American workforce for too long while being unable to piece a sentence together. Speaking like this as a "professional" brings disrepute to the entire Indian community
  20. pontevecchio

    I140 validity - Division spun off before completing 6 months?

    Once you have an I-140 approved for 6 months, you are eligible for H1 extensions beyond 6 years till the PD is current.
  21. You should also have realized that this forum is sponsored by a very qualified firm and hence feel free to contact them.
  22. pontevecchio

    H1b stamping in Hyd consulate

    I refer you to the saying "fools can ask questions which the wisest men cannot answer.". You should have no trouble and are certainly allowed to answer "I do not know" where relevant. Would you know more about your field than a VO? Let us know.
  23. MSA91

    Second Masters OPT/CPT

    I am currently on my last year of OPT STEM extension and waiting to hear back on H1B Since we are towards the end of May, I am not sure if I may still get it or not. However, I am considering a second Master's as a backup Could you tell me if enrolling into a same level course (previous Master's in Mechanical Engg and interested in doing MS Data Science next) still gives me another round of CPT and OPT eligibility? Thank you MS
  24. pontevecchio

    H1B reuse remainder period

    "December 5, 2006 USCIS memo by Michael Aytes " should help. In your case, the only way to convince the company is to have a lawyer speak on your behalf.
  25. Subbuparam

    Travel to India while H1B is under processing

    the straight answer to your question first, YES He can go to India What needs to be kept in mind though is that if his H1 is approved during the time he is in India, then he may not get his I-94. But that should not be an issue. He needs to go to India again in September end-ish and get his visa stamped before he starts working from Oct 1. Hope this helps!
  26. Thank you all for your views. I got another question - does the latest i-797 supersedes the i-94 on the previous H1? I think i-94 is about stay and not for work. Per the (standout) attorney, the i-94 valid thru 2020 can't be superseded by the latest ones, does it make sense? I think this question should help resolving my issue. can someone provide me document reference on this if any please.
  27. Use new I-797 while filling DS-160. Visa stamp always has a issue date. Not a start date.
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