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  3. Thanks for your reply , waiting for lawyers advice as i have received the approval notices, H1 with approval date of Sept 10 and H4 APPROVAL DATE OF Sept 11th.
  4. Hi, I have stayed in USA for almost 6 years and have returned to my home country when few more days were left in my H1B. Date of my H1B Expiry was 17-JAN-2016. I left USA for good on 30-Dec-2015. Since I want to work in US now, my current employer filed a new H1B. But my application did not get selected in lottery process. Hence I would like to check whether I can file H1B OUT OF CAP with my little period left from my previous H1B and the process to file for PERM after that. Below are my entry and exit dates to USA. Assuming total number of days permitted for H1B is 2190 days ( 6years 365*6 ). Seems I have 12 more days left on my previous H1B. It would be great if someone could guide me in this regard. Entry Exit Days 15-Jul-06 9-Nov-07 483 9-Dec-07 21-Feb-09 441 22-Aug-10 25-Feb-11 188 20-Mar-11 21-May-12 429 5-Sep-13 7-Feb-14 156 21-Aug-14 30-Jan-15 163 16-Feb-15 30-Dec-15 318 2178 Total Days Thanks in Advance!!
  5. Mohammed1988

    L1B Blanket "Not Clearly Approved"

    The VO actually did not land on "Specialized Knowledge" but did on the job description. Here is the pattern of questions asked: VO: Where are you going to work? Me: New York City VO: What is your salary in the US? Me: xxxxx VO: Since how many years you are working with XXXXX? Me: 2.5+ years VO: Who is your Client? ME: xxxxx VO: Since how many years you are working with client XXXX? Me: 2.5 Years + VO: What are you going to do? Me: I will be implementing and integrating my company proprietary products with my client's products by engaging with business stakeholders and architects on both the sides. I will also be designing and solutioning the integration process for better results. and finally she says "your visa is not clearly approved and the reason being it is blanket and you know it's very narrow". Handed me over I129S - 2 sets with "not clearly approved" and a blue slip which was checked with visa not clearly approved and asked me to give this to my employer and they will take further course of actions.
  6. Hello Everyone! I need your urgent help/experiences/insight on below H1B interview questions. Below is a little background of my situation: My H1B petition was approved and I have the Visa interview scheduled for next month. Currently, I am in India(working for employer ABC) and I will be working for the same employer(ABC) in the US at the headquarters. This is more like a permanent position in the US for my current employer. I am currently a part of the internal IT team and I will have the same responsibilities in the US as well. My employer is implementing new ERP and I will be leading those efforts. After the implementation, I will lead the Production Support. There are 3 questions which I am not sure what to answer if asked: 1. If the VO asks: "Will you be working for a client or Is this an internal project?" What do I have to answer? I am not sure if Internal project is the right word to use as it has been misused in the passed by Consulting companies. Also after the new ERP is implemented I will be doing the Production Support so that is not exactly a project, that will be a permanent job as support goes on for years. I will be a full-time permanent employee in the US. What shall I answer in this case? 2. If they ask for timelines of the project what do I have to say? My initial approval is for 3 years and it may extend at the end of the tenure as after the implementation is complete and we go live the production support will begin and I will be leading that effort as well. What do I say if they ask when will your project get over and when will you return? 3. My company processed my H1B. As I will be working for my current employer itself can there be a question "Why H1 and not L1?". What do I answer in this case? Can they ask this question? 4. As my current employer and US employer are the same what do I have to produce for "Employee Verification letter"? Will it be a letter from my Indian HR or will it be a letter from my US HR? And what details do they expect in this letter? Any help is greatly appreciated. Please provide your valuable feedback. Thanks,
  7. British Guy

    RFE: Residential vs Employment Address

    Hi, any update on this? Even i need a solution to this please
  8. JoeF

    Profile Flagged - NOIR not yet recieved

    So, did you get paid on bench? If not, why didn't you file a complaint with DOL?
  9. collegian

    Options when laid off during vacation abroad

    Do you know if they typically do that? I'm not sure how the update happens. Is it just a web based system which updates instantaneously? Will I not get the 60 day grace period?
  10. collegian

    Options when laid off during vacation abroad

    Is there a rule which requires companies to inform USCIS as soon as an employee gets laid off? Do you have any idea as to how long does it take to get reflected in USCIS system?
  11. priyadharsini.s

    H4 Receipt not yet received

    Thank you so much for your reply. Appreciate your help. Will follow up with uscis as suggested. Thanks, Priya.
  12. JoeF

    H1 to H4 Conversion and Stamping

    If you go abroad, any change of status with an I-539 will get denied because if you are abroad there is no status to change. It is irrelevant if you enter with the visa.
  13. immig2015

    Question about I-131 Approval Notice

    Thank you for the reply.
  14. pontevecchio

    H1B Transfer from India while in India

    The operative words are " company does not want me to work in the US". Hence get another sponsor to file with PP and then come over on approval. Anything else would be considered fraudulent.
  15. Yesterday
  16. SW_employee

    I-140 Premium Processing EB3 RFE

    Hi, I received RFE for my I-140 petition recently. Is this common or does it indicate possible denial? Does it depend on job type, job level or education as such? I previously had issue with expired I94 but it was approved by USCIS by NPT route. Can this be the reason of RFE? Has anyone faced similar issues?
  17. pontevecchio

    H1 to H4 Conversion and Stamping

    The COS to H4 is automatically rendered invalid by leaving the country before decision.
  18. You can NOT use the H1. Traveling with the H1 when the job no longer exists would be immigration fraud.
  19. That is unlikely to work. There always should be somebody in the company who can handle that, e.g., HR.
  20. willsvk

    H1 to H4 Conversion and Stamping

    Thanks for your response, what will happen to I539 which i already applied?
  21. ssy320

    Visa Stamping Ottawa Passport Return Wait Time

    How soon did you get your Passport back? I had my H1b visa interview on September 11 and it was approved. But I am still waiting for my passport. I have some travel plans scheduled for next week. Can you let me know how long did it took for you to get the passport? Any help is greatly appreciated.
  22. Hi, I came to USA in June 2011 with Employer A who filed by petition in In-House project. I was on the bench for almost 5 months and things didn't work properly and moved to Employer B in March 2012. I am still working with Employer B since then and have got my I-140 approved with Employer B. I didn't have any issues while amendments (or) extensions (or) stamping. I have got my stamping and visa is valid until Nov 2021. Been to Canada for two days and while coming back to USA, i was sent for secondary screening at Port of Entry By CBP. Initially the officer mentioned that one of my past H1 petition has revoked by USCIS and cannot enter into USA but later she said, NO. Profile has been flagged but petition has not revoked yet, and the case officer didn't mention any notes on my profile regarding the flag. She gathered all the information from me since 2010 and allowed me to enter after 4 hours. After I entered, I came to know that Employer A has been pleaded guilty for misusing the H1B pettitions with inHouse projects after USCIS approached them. I am not sure if they are revoking all the petitions filed (In-House Projects) by Employer A. Appreciate any support and guidance on the below: How should i handle before USCIS issue NOIR? (Checked w/Attoorney and they suggested to wait until USCIS responds) ? IF NOIR issued, where will USCIS send the NOIR? As of now I see the petition status is approved on case status. Can i appeal to NOIR even if i am not in USA? If i dont appeal, what would be next steps? Thanks !!!
  23. Hello, my 6 year H1B quota will end in March 2020 which include the recaptured time. My employer submitted the Labor application in July 2019 for PERM. I got to know last week from the attorney that it has been rejected because my employer missed to respond to the questionnaire email from Labor dept. Now I am trying to find a ray of hope in this dark situation. My employer has submitted request to reconsideration to Labor Dept with explanation why he missed to respond (He was going through personal medical emergency etc.) which I dont hope to hear back about at least in next 2-3 months. My employer is also starting new application in parallel including Prevailing Wage determination as the last one is already expired. Hoping to hear from experienced people here on possible options I have including moving to neighboring countries (Mexico, Canada) and work remotely etc. Thanks in Advance,
  24. Nik07

    Buenos Aires H1B Visa Stamp

    @sachin3011 and @Nikhil Raj I am in the same situation now. Can you guys provide your previous experience with Buenos Aires H1B Visa stamping process and how did it go?. Did they stop for Admin process and how many does it take ?. I really appropriate for the inputs and it will help me with my business trip.
  25. Raghav45

    H1B Visa Stamping Confusion

    Thank you Krishna.
  26. Noah Lott

    L1B Blanket "Not Clearly Approved"

    it means that the CO questions the 'specialized knowledge' and the job description, etc. The petition has been shipped back to the Kentucky Consular Center for review and then final denial.
  27. Noah Lott

    221G Yellow slip

    Just answer the questions....likely you will be approved because if the CO wanted to deny you outright, it would have already happened.
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