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  1. Today
  2. Attorney_15

    H1B extension RFE on Specialty Occupation

    Just because USCIS issued an RFE does not mean something went wrong. This is what USCIS does. Sometimes they issue RFEs. The fact that you previously had an H1B approved without an RFE does not mean it was right and this is wrong. Getting an RFE is normal. Unfortunately,
  3. Attorney_15

    H1b RFE

    It means an RFE was issued. It could be for I-20 forms or other evidence.
  4. Attorney_15

    H1B Amendment RFE Query

    If an amendment was not filed for the move to client B because B is covered by the LCA used originally in the H1B Petition, then one would generally reply to the RFE explaining what happened, what is going on and arguing that the case is approvable. One might want to talk with a later to see if there are any other options or arguments. See: https://www.murthy.com/consultations/
  5. Attorney_15

    Stratford NOID issue!

    Typically, I have responded to such Notices by arguing that the Beneficiary was counted against the Bachelor's cap otherwise USCIS would not have approved the CAP case or all the H1B petitions thereafter. Sadly there are mixed results with this strategy. Often USCIS just sits on the case without making a decision. Even if USCIS does deny the petition one can consider suing USCIS. One may also want to consult with an attorney about any other options / alternatives / back-up plans based on one's own circumstances.
  6. Hi Techie, can you update with what did you do finally? Thank you!
  7. Yesterday
  8. filed I-485 EB2 under cross country chargeability rule Primary beneficiary: Indian citizen Spouse or derivative beneficiary: Dubai Born We have filed I-485 EB2 under cross country chargeability rule. However my file is rejected and sent back the entire package by USICS stating Based on the information provided a visa is not available for your priority date. USCIS will accept the form I485 based on the monthly visa bulletin date. However there is not detail mentioned about the cross chargeability . I have filed I485 using my spouse country of birth under cross chargebilty law. https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-6 Has anyone got the green card approved under cross chargebility or has any one face the similar issue as mine if so please suggest the next step.
  9. cap-gap

    H1B based upon I-140

    Working with Y on H1 is only possible if the PD from X’s petition doesn’t become current by that time..
  10. savemeplz

    Stimulus cheque for H1B

    they can receive by check or direct deposit. Hope this helps!
  11. gopalakrishnach

    H1B based upon I-140

    From your post it looks I140 is active and old employer did not revoke it. In such case new employer can apply for new H1B any time of the year...
  12. gopalakrishnach

    Left US but received Stimulus payment

    I heard if you got by mistake or you are not supposed to get it you need to pay back.
  13. savemeplz

    Left US but received Stimulus payment

    You do not have to return your payment, this was not an error in any way, unless you get a double payment. Stimulus payment is not free money but the advance payment of your 2020 tax filing. So file your 2020 taxes next year you will be good, in case you do not have any income to report, just file the taxes without any income or consult tax filing company there are a bunch of them in the market. Do not worry much and do not think it is any error.
  14. Mohan2324

    I-275 and B1 visa cancelled

    Thank you so much
  15. User099

    Visitor Visa extension for 4 family members

    You should hire an attorney to help you with the process.
  16. If she is here already, she just need to file for an extension by submitting I539 and don't need to have a new/current visa in the passport.
  17. 1. Yes, no one will stop you from traveling if you want to. 2. You can stay till the date you requested in the extension and the extension is pending.
  18. venkatay

    H4 to H1 issue

    Thanks for the information, I am still in US and awaiting for approval. Typically how long does it take to get the change of status?
  19. User099

    New PERM required for client change

    It depends on how your PERM was filed. Some employers who are into consulting do it in a broad sense and it usually covers if you change clients. Its better to check with your employer or attorney to see how the original PERM was filed.
  20. 1. Just US or India and US , both are fine. 2 If you are not employed currently in India at the time of submitting the DS 160, you should say not employed.
  21. mcc_student

    H1B based upon I-140

    Thanks Sir
  22. pontevecchio

    Boarding Denial

    The problem is the Op states she was denied boarding leaving the country. Maybe she did not meet the requirements for taking the flight and the mention of CBP was the usual AI competence.
  23. pontevecchio

    Green Card Issue time

    If you have the 551 stamp, that is as good as a GC for the purpose of returning.
  24. newacct

    Left US but received Stimulus payment

    You are eligible for the advance payment if you were a resident alien for tax purposes for the 2019 tax year (or the 2018 tax year if you haven't filed for 2019), you had an SSN (and your spouse had an SSN if filed jointly), and your income for the 2019 (or 2018) tax year is lower than the income threshold. That you have left the US since then doesn't affect it. The payment was not error and you do not need to pay it back. Even if you qualify for a smaller payment or for no payment under the 2020 tax year, you do not have to pay anything back on your 2020 taxes.
  25. Check this reply http://forum.murthy.com/topic/128675-stuck-outside-of-usa-because-of-covid-19/ "As you have noted, if a legal permanent resident (LPR) stays outside of the United States for a period greater than 180 days and less than a year, there is a rebuttable presumption that s/he has abandoned his/her status as a legal permanent resident. Additionally, the continuous residence requirement for Naturalization may also be interrupted. This again is a rebuttable presumption and under the current circumstances, the break may be exempted. It is best to keep documentation to support the fact that one had the intention of returning to the U.S. within a stipulated time while returning to the United States. Further, if you end up staying for more than one year and you do not have a “Re-Entry Permit”, then you may have to apply for status as “Returning Resident” under SB-1 to return to the U.S. " @newacct, maybe you would like to take note.
  26. sushmas193@gmail.com

    H1b transfer from two employers

    hi, I have a situation, I would be grateful if somebody helps me out. I have two job offers from employers A and B. I am interested in B, but I am not sure if visa gets approved with B. Can I apply H1b transfer for A and B, and join the employer for which visa gets approved ? Meanwhile A wants me to join on receipt, as its a normal process, can I start working for A ? and wait for B to transfer. Once I get approval for B (B will be going for premium process), can I resign from A, (while A's approval is still pending). Will it cause any issues ? Please advice.
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