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permaudit

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About permaudit

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  1. Hi - I have an I-140 Approved under EB2 with Employer A. I am being offered with another employment with Company B and they are ready to file the GC under EB3. If the new employer applies under EB-3 and uses the same PD. What will happen to by EB2 I-140 with Company A, if they do not withdraw the petition? Company A is a small company and they are willing to keep the position open for me if I plan to come back when the PD is current. Can I have both the EB2 and EB3 I-140's with the same Priority Date? Insights appreciated.
  2. permaudit

    H-4 employment

    It depends on what kind of work she would like to do.
  3. Sorry posted in the H1 Topic, but couldnt get any responses. Hence Posting it again in this Topic. Hi, I am working from Company A on H4 EAD. Was on H1B with Company A and was maxing out on H1 and hence recently converted to H4 EAD. Company A was not ready to sponsor GC and hence converted to H4 EAD. Company B filed PERM and is ready to apply for I140 for me. Can I keep continuing to work for Company A and have an H1B approved from Company A, based on Company B's I140 approval? 1. If so, Would I get unlimited extension as along as the Company B's I-140 is active? 2. Can Company B withdraw the I-140 application even after 180 days, if I do not join them? 3. If Yes to above. If I work part time for Company B (Since I am on H4EAD, I believe I can do multiple jobs) for more 180 days. Will that be considered where the I140 cannot be revoked any more? and Company A can apply for H1 based on that I140 The questions above might be odd, but here is my situation. and Here's a bit of a background. I work for Company A as full time with very good benefits. While Company B was applying for my PERM, I was in Dept A and they were not willing to apply for GC. Hence I moved from H1B to H4 EAD(While Company B was filing PERM). I recently got a better opportunity in Dept B within Company A and there could be a possibility where they could apply for GC. In the mean time, If H4 EAD gets revoked and might have to switch back to H1 at Company A (have a couple of months of H1) and if there is an approved I140 from Company B for more than 180 days, I intend to work with Company A on H1 if I could get multiple extensions from Company B's I140. From Company B's standpoint (Its a consulting firm) and they are fine with me working remotely part-time till I get onboarded to them when I am ready to file I485 (which I understand could be a zillion years from now). But, they company is ready to wait for that time as long as I work part-time or if I decide to join them full time(they will sponsor my H1) Inputs Appreciated. Thank you!
  4. permaudit

    Move H1B and I-140 to new company

    @pontevecchio - If the I-140 is approved and is more the 180 days, but if I do not take up the employment with the employer. Will I still be able to retain that PD?
  5. Hi, I am working from Company A on H4 EAD. Was on H1B with Company A and was maxing out on H1 and hence recently converted to H4 EAD. Company A was not ready to sponsor GC and hence converted to H4 EAD. Company B filed PERM and is ready to apply for I140 for me. Can I keep continuing to work for Company A and have an H1B approved from Company A, based on Company B's I140 approval? 1. If so, Would I get unlimited extension as along as the Company B's I-140 is active? 2. Can Company B withdraw the I-140 application even after 180 days, if I do not join them? 3. If Yes to above. If I work part time for Company B (Since I am on H4EAD, I believe I can do multiple jobs) for more 180 days. Will that be considered where the I140 cannot be revoked any more? and Company A can apply for H1 based on that I140 The questions above might be odd, but here is my situation. and Here's a bit of a background. I work for Company A as full time with very good benefits. While Company B was applying for my PERM, I was in Dept A and they were not willing to apply for GC. Hence I moved from H1B to H4 EAD(While Company B was filing PERM). I recently got a better opportunity in Dept B within Company A and there could be a possibility where they could apply for GC. In the mean time, If H4 EAD gets revoked and might have to switch back to H1 at Company A (have a couple of months of H1) and if there is an approved I140 from Company B for more than 180 days, I intend to work with Company A on H1 if I could get multiple extensions from Company B's I140. From Company B's standpoint (Its a consulting firm) and they are fine with me working remotely part-time till I get onboarded to them when I am ready to file I485 (which I understand could be a zillion years from now). But, they company is ready to wait for that time as long as I work part-time or if I decide to join them full time(they will sponsor my H1) Inputs Appreciated. Thank you!
  6. Please note, this is my understanding of the law based on my personal experience and interactions with attorneys. For legal counsel, its always better to get in touch with an attorney.
  7. permaudit

    Gap in I94 date upon H1 extension

    No, Since you had a Valid Pending petition
  8. permaudit

    Need Suggestion upon Visa Ext rejection

    Firstly, If you and your employer have all the documentation in place. The attorney should be able to file an extension petition that should get you and approval. Every H1 application is very case specific and it relies on a strong petition. But to your question, upon rejection you need to understand 1. You will be in status till 5 Nov and can work till then. 2. Look for a new employment in the mean time and have a petition through the new employer. (But, again it would depend on how the petition is presented to USCIS based on our background and the employment that is being offered) 3. But if you cross the 5-Nov date and dont have a pending petition before that (either from current employer or new employer) you are accruing illegal stay and would need to leave the country. All the best!
  9. permaudit

    H1B Applicable for Cap Exempt or not

    Thats correct. Your new employer will have to file in April as a new application and that will go thru lottery.
  10. 1. Yes. Since your extensions was filed before I-94 expiry, you are in valid status and can continue to work while the petition is pending for 240 days. 2. Yes, if they are ready to file a H1 immediately All the best!
  11. permaudit

    H1B extension denial during maternity period

    Well said on the last line. Have them cherish the moment of the new born rather worrying about the status.
  12. permaudit

    Premium or No Premium

    The "No RFE" is grossly misrepresented. It is only when the prime facial information is not correct and is depended completely on the adjudicating officer. You can apply for extension 180 days prior to expiration as per the law. Depending on the timelines and your choice you have an option to go for premium or regular processing. RFE's are completely dependent on individual cases and there is no such case that Premium Processing's be default would get an RFE. As long as the petition has all the documents needed with appropriate information, one should not fear for an RFE regardless of the processing procedure(premium or regular) Hope this helps! All the best.
  13. Sorry for the delayed response. 1. No. Illegal stay is counted from the day your I-94 expired. 4. There is no permissible limit. That's true anything is under 60 days, you can explain for overstay, but then by law its still illegal stay. All the best!
  14. I think you can, but the H4 EAD will be under normal processing.
  15. permaudit

    Urgent --- H1b Revoked

    a. What is my current status? CAN I WORK LEGALLY AT THIS POINT OF TIME? Out of Status b. Is my i-94 valid in this kind of scenario? No c. HOW LONG CAN I STAY IN THIS COUNTRY? You are accruing illegal stay from the day your H1 was revoked. More that 180 days will entitle you for a 3 year ban. d. My current employer is filing for MTR. How long I can stay in USA once my MTR is in process? Everyday is counted for illegal stay e. CAN My current employer CAN file for a new H1b based on the same client I’m working for right now. Can I continue my work at my current client based on the receipt number I receive from the new H1? You are not supposed to work at the client location as you do not have a valid work permit. You will not be able to work under receipt either. Even if your H1 gets approved it will be under consulate processing. f. Also I have been confirmed with a new job in same city . A new employer is willing to file for a H1 based on this client. The new employer filing will be under consulate processing, you have to go and get a visa stamped before you can start working. g. Is it ok to file 2 H1B petitions from two different employers and 2 different end client locations at this point of time? Yes h. If both the H1 options do not work out, is that ok to change my status to F1 again by enrolling to a second masters course at a US university? Not an option as you are not in any status. i. While my new H1B petition is in process, can I switch to F1 status? No. Best approach is to leave for your home country ASAP and get your H1 applied by the new employer. Get your Stamping done, as soon as your H1 is approved and come back.
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