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  3. Venkateswara_

    Received offer from US, H1B expired 4 years back

    I meant, work for the company after premium processing of H1B is approved. Since current appointment dates are available only in September, either try for emergency visa appointment dates or travel to US on B1/B2 and later get visa stamped. Is this an option?
  4. 1. If you are working for employer A then you should go with that one. 2. Yes, you can.
  5. shekar11#

    H1b stamping 221g please advise

    Again a perfect scenario for everyone that even if the new client is in same MSA, always go for an amendment. If we don't apply for amendment then I-129 will not reflect the new client details and this causes confusion during stamping. In your case you are not at fault since attorney did not recommend amendmend. 1. No time line. 2. They will email you if they need anything. 3. No. Can't do anything now. Need to wait.
  6. shekar11#

    Need advice on H4 visa stamping

    1. No, she will not be out of status. She has a pending application with USCIS. 2. No problem. 3. No issues.
  7. shekar11#


    1. May 10th 2019. 2. It might create a problem. Depends on the officer who is reviewing the application. Some might oversee it and some will be strict. 3. Best option is to go to Mexico and get stamped. They allow H-1 to H-4 as both are the same class. 4. No USCIS does not do that. You would have to still file 2 times. 5. Again it is upto you. They can check her latest H-1 pay stub when you apply for H-4 extension to check to see if she was in status. Try to find out from your employer's attorney if that is fine. You don't want to take chances with USCIS.
  8. xTDx

    LCA for business systems analyst

    Nobody here can tell you that and even if someone do, you should not follow what they say. Only your employer and their attorneys are in a position to review your case , position and job specific details. They should be the only one who should file LCA with appropriate SOC code w.r.t you job functions. Nobody here can magically come up with a SOC code and wage level for you. USCIS is cracking down on consulting positions with low level wages and made up positions where the employee work on some random client site. Better suggestion is to find a better employer and or job profile.
  9. I dont think your program is eligible for STEM OPT extension. STEM extension is for Science Technology Engineering and Mathematics field related programs. A MTR and or any subsequent OPT STEM extension requests will most likely be denied unless you can demonstrate and convince USCIS that your program falls in STEM category.
  10. shekar11#

    F1 to H4 COS and H4 EAD

    Yes, you can apply for COS to H-4 and H-4 EAD now. Don't wait. Processing times are longer. Take advantage of the time you have now.
  11. shekar11#

    H-4 Visa Transfer And Renewal

    1. Yes. 2. Not needed. Your I-797 is enough. 3. 2 to 3 weeks from the dropbox date.
  12. She can stay till 23rd October 2020 based on I-94. If she travels out of country after July 31st she will need a new visa stamp.
  13. Today she attended the interview during which, the VO asked her common questions and asked her for my latest visa stamping copy. After she gave it to her, she took some time to review and told her that "Your husband's current petition is denied" When VO asked above question your wife might have submitted your visa stamp copy that had employer A information on it. Instead she should have told that you transferred employer and should have given employer B H-1 petition. That is the reason for denial. No issues. Just book a fresh appointment and prepare for the explaining the situation in detail when asked.
  14. shekar11#

    H1 to H4 and another H1 transfer concurrently

    Not mandatory now, but you need to withdraw once your H-1 is approved.
  15. shekar11#

    H4 EAD can be applied from Out of USA?

    No time limit Yes, there is no status for your spouse if she is not in US. If she is not present in the country during the process of RFE, they might sent you a NOID (Notice of intent to Deny) stating that the applicant is not in the country.
  16. The grace period starts from the day of layoff. The employer by law has to inform USCIS that she no longer works there.
  17. JoeF

    Received offer from US, H1B expired 4 years back

    You can not work for the company on a visitor visa.
  18. JoeF

    Unpaid Leave of Absence on H1-B and Outside USA

    When you are outside the US you are by definition not in any status, so there is no problem not getting paid.
  19. akhil kovialkonda

    Change of status - H1 to H4

    1) Please let me know the process to file for change of status from H1 to H4. Can someone file for this on their own or need attorney for it. Please let me know how much time it takes to complete the change of status request. 2) After filing for change of status do i need to wait for some approval or can file for change of status back to H1 along with extension while i am waiting for H1 to H4 change of status request.
  20. Can an employee remain on Unpaid Leave of Absence of H1-B if he/she is outside the US and as soon as they return to USA it'll be converted to Active Employee with Pay? Thank you
  21. Need help regarding my OPT STEM EXTENSION which was denied on June 12th 2019. my initial OPT expired on may 19th 2019, i applied for the STEM EXTENSION on feb 28th 2019, and the reason they have stated for denial was: “ A review of your application, all supporting documents submitted and SEVIS indicates that the degree program you completed in Business Administration and Management, General is not listed on the STEM Designated Program list”. And it says that i can file for MTR within 30 days of this notice. my grace 60 days period has already began. My question is: if I file a MTR, what is likely to be in my favor, as i have checked the filled I-765 form that was sent to USCIS, doesn’t have any mistakes on this from my side. Or should i take another masters program and transfer my SEVIS and become a Student again and work on CPT? need some guidance please. And also one last question, should MTR be filled with the help of an attorney?.
  22. vignesh.vijay

    LCA for business systems analyst

    Hi, I was in the US working for Syntel, Inc. My visa extn was filed and was rejected due to speciality occupation. I have a masters degree in computer science from Arizona state university and 6 years of experience.My petition was filed with job title- business systems analyst; SOC title: Computer Systems analyst; Wage level- 1 .. My company is refiling my petition under Cap exempt. What should I ask my company to put in LCA.. Could you please let me know what job title, SOC code and Wage level they need to use?
  23. vt541

    H1 b Stamping in Canada

    Hi Sravani , I have scheduled my interview in Vancouver in July 17 , Is it good to go Vancouver for first time stamping F1 to H1B after 6 years , please advice Thanks
  24. Hi Gopal , I have scheduled my interview in Vancouver in July 17 , Is it good to go Vancouver for first time stamping F1 to H1B after 6 years , please advice Thanks
  25. vt541

    H1B stamping in Canada

    Hi , It is my first time stamping from F1 To H1B is it good to go for first time stamping for canada in current situation ? Thanks
  26. My Premium transfer Case : Applied in premium - April 28 RFE received - May 10 RFE replied received by USCIS california center - May 30 No Status change, still in RFE status . No Decision given till June 18. frustrating situation . Has anyone experienced such situation?
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