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nightshade

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About nightshade

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  1. nightshade

    Working during grace period-H1B Transfer

    @Sangeeth01 Did you get some resolution on this? I'm seeing conflicting information regarding this. Did you start working after your petition was filed, and did it get eventually approved?
  2. nightshade

    H1B Transfer: 60 days grace period

    @Jbha1234 I am in a similar situation. What was your end result? Did your Company C petition get approved? Did you end up involving any documents from Company B in the Company C petition?
  3. nightshade

    H1B to H4 while looking for job

    1. If I apply for a petition to change my status to H4 today (July 2), can I continue to work in my current job on my current H1 until July 31st? Line things up to file your H4 COS (paperwork, lawyers etc.), but file it a day before or on the last day of employment on H1. 2. If I get a new job on July 15 with company B I will transfer visa from company A to company B.If July 31st is my last day at company A, will I be in valid immigration status after July 31st while I wait for my H1 transfer decision? Yes, you will be in status, since you filed the H4 COS before your H1 status ended. You will need to send proof of your H4 petition receipt with your new H1B petition. 3. If I apply for H1 to H4 change of status today (July 2), and if I get a new job on July 15, can I submit another petition to transfer H1 from company A to B? I will be employed with company A on the day the petition is sent. This doesn't apply since you can only file H4 COS on your last day on H1 with the current employer. 4. If the answer to #3 is YES, then can I have 2 petitions pending ie H1 to H1 transfer and H1 to H4 transfer? If yes, will I be able to withdraw the H1 to H4 petition once my H1 to H1 transfer is completed? Yes, you can file concurrent petitions. Either withdraw the H4 after your new H1B is approved, or request withdrawal of the H4 along with your new H1B petition (if you're okay with doing both things at once). You will have to wait until your new H1B is approved (and the H4 is withdrawn) for you to start working for the new employer. 5. Generally speaking will I be in valid immigration status if I submit a change in status petition before my current H1 becomes invalid? Status would be "awaiting decision". Yes, "awaiting decision" is typically considered as in status for immigration purposes. For example, during a regular H1B transfer, you can typically start working for your new employer with your receipt notice (while you're awaiting the decision).
  4. I work full-time on H1-B for an employer in CA out of my home-office in TX (since they don't have an office in my area). When filing for PERM, we decided to use the employer's main office (in CA) as the primary work location. I understand that I'd have to move to the employer's location for some time after the I-485 is approved. I had the following questions regarding AC21 in this scenario, Can I file my I-485 while continuing to work from my home office in TX, and still avail of AC21 after 180 days of filing the I-485? Basically, is the 180 day period for AC21 only related to working for the sponsoring employer, or do I have to work specifically from the location the PERM was filed for. If AC21 requires that the employee work from the location in the PERM for 180 days, would I need to move to CA just before filing my I-485? Any info regarding the above would really help me decide on what the best time would be to relocate and maintain my ability to use AC21 (if I ever needed to).
  5. nightshade

    PERM application and remote work

    @dpk123, My company's lawyer was okay with filing PERM for my home office location, but I ended up filing the PERM with the employer's main office location (and not my home office). This simplifies the recruitment process, and I'd basically have to move to my employer's main office location for some time after the I-485 gets approved (I'm okay with doing that). What I'm not clear on is whether I'd need to move when my PD becomes current and I file my I-485. Would I need to work 180 days for my employer from the location stated in the PERM to avail of AC21? Or can I continue working from my home office for that 180 day period?
  6. nightshade

    221g Chennai Blue Slip

    @gitasankar Any updates regarding your 221g? Did you receive anything from the Consulate? Were you asked to submit your passport?
  7. nightshade

    221g Chennai Blue Slip

    Thanks for the update, that is very useful information. I guess you can finally heave a sigh of relief! Were you able to eventually determine what triggered the initial 221g? Or is that still a mystery?
  8. nightshade

    221g Chennai Blue Slip

    Thanks for keeping this thread updated, there seems to be some movement in your case. Any news since they mailed you the documents? Were you requested for your passport?
  9. nightshade

    PERM application and remote work

    I am on an H1B (6th year) and work full-time for an employer out of my home-office (since they don't have an office in the location that I work at). Upon filing for PERM, I'd ideally want to list my home address as the primary work location (as we'd done in the LCA for the H1-B). I had the following questions. Is it even possible to file a successful PERM application in a remote home-office scenario? What are the chances of the PERM getting audited? Is there anything we should be mindful of with our application that would help minimize this? If we list the primary work location as my employer's main office on the PERM, could I move there at a later date? If so, at what stage in the GC process would I need to do this? Any info regarding the above would really help me decide on a course of action related to either relocating, or potentially looking for a local employer. Thanks in advance for your help.
  10. I am on an H1B (6th year) and work full-time for an employer out of my home-office (since they don't have an office in the location that I work at). Upon filing for PERM, I'd ideally want to list my home address as the primary work location (as we'd done in the LCA for the H1-B). I had the following questions. Is it even possible to file a successful PERM application in a remote home-office scenario? What are the chances of the PERM getting audited? Is there anything we should be mindful of with our application that would help minimize this? If we list the primary work location as my employer's main office on the PERM, could I move there at a later date? If so, at what stage in the GC process would I need to do this? Any info regarding the above would really help me decide on a course of action related to either relocating, or potentially looking for a local employer. Thanks in advance for your help.
  11. nightshade

    First time visa stamping after visa transfer

    Your previous employer will have no bearing on the interview, only your current one. While the H1B Visa you will procure (upon successful completion of the interview) will contain your current employer's name, you can use it until it expires to re-enter the US, even if you were to transfer your H1B to another employer in the future. All you would need to show at the Port of Entry is the H1B Visa and your most current I-797 Approval Notice.
  12. You should be okay as long as you're paid at least the prevailing wage. It should however, as the previous reply mentioned, qualify for a specialty occupation (typically a position that requires at least a Bachelors degree).
  13. I work for a software consultancy, and had a question on how best to indicate that a position with a client qualifies for a H1B specialty occupation. I have a Master Service Agreement (MSA) and a Statement of Work (SOW) from the client. The SOW outlines the technical aspects of the work to be performed (related to advanced software programming). However, I have no documentation (like a client letter) specifically stating that a Bachelor's degree is required for this position. Could the SOW be used instead (with possibly having the position evaluated by a third party)? What is a suitable way of demonstrating that the client requirements align with my educational background, and this type of position in my industry typically requires a Bachelor's degree? Incidentally, I do have a Bachelor's degree in Computer Engineering.
  14. nightshade

    H1B Amendment End Date after H1-B Approval?

    I think this will affect the end date of your current H1-B extension. It seems like in the recent past, the USCIS has starting issuing amendments with the I-94 based on your project end date (and not the end date requested by your employer). One consequence of this is that you'd have to apply for your next H1B amendment before the current one expires (i.e., much earlier than you might be used to doing). I'm not entirely sure about this, so please verify with your attorney.
  15. My end-client changed and my employer filed an H1-B amendment. The project with this new client only lasts until Feb 2014. However, our lawyer requested a validity period until Nov 2014 (based on the i-94 in my current i-797 approval). They mentioned in my petition that my employer will be filing further amendments for any future projects. The USCIS issued an RFE stating that "the Change Request shows a project end date before the end of the requested validity dates. Without additional contractual documentation USCIS is unable to determine the duration, availability of details of the specialty work to be performed by the beneficiary." What's the best way to address this? In our response, is it possible to now request the USCIS to grant us an amendment valid only until the project end-date (Feb 2014)? Are there any alternatives to this, since it would it would give me very little time to transition to a future project. Thanks in advance for your help.
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