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balilanai

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About balilanai

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  1. Not getting paid on H1-B is a violation of status. Consult an attorney. Unpaid maternity leave is not allowed under h1-B. You need to be working and get paid.
  2. balilanai

    H1 Transfer - URGENT

    You can transfer to any employer from employer A as long as you have your approved I797 with employer A. Not sure what you mean by "I have not traveled from employer A". How and where you travel does not matter.
  3. What is your question? Is it a good idea to get stamping in Canada? Yes. Be sure everything is legitimate.
  4. balilanai

    H1B Petition approved but no stamping

    What do you mean there is no opportunity to travel? If you are asking about visa stamping, you will be maintaining your legal status even without a visa stamp as long as you have an approved I797 and are employed.
  5. balilanai

    Urgent H1b Transfer RFE

    If your first h1b petition was approved, you were counted against the cap. Provide USCIS with your I-129 from your original petition along with your approved I 797 which will prove that you were counted against the cap. Even if company A withdraws the petition, it will not change the fact that you were counted against the cap.
  6. balilanai

    H1 B Visa Stamping required

    You are allowed to travel back using the visa stamp for employer A as long as you carry an approved I 797 from employer B when you re-enter and are genuinely employed by the company.
  7. balilanai

    H1b stamping after getting a criminal traffic ticket

    Just pay the fine and get written or official evidence that the case is closed. Don't try to save money by fighting. Sometimes it is better to close the issue than fight it and open the possibility of it haunting you in future immigration pursuits like a green card application.
  8. " Hypothetically she might get her green card in a year or so post graduation " That is a big assumption. Be careful there. EB1-A and B have a high bar and the rejection rate is about 60%. Getting a PhD is not even 10% of what she needs to qualify. She will need publications, letters from people reputed in the industry mentioning her impact (need 150+ citations typically). She will also need to be a reviewer of journal articles and be prolific in her field. The myth that a PhD can help you get a green card has long been shot down. You have time to plan and take steps accordingly.
  9. balilanai

    I-140 Denial after NOID

    Check with your lawyer. It is difficult to respond without knowing more details
  10. balilanai

    PERM Approved, Applying for I140

    You should correct the mistake. Working more than 20 hours per week on a student visa (I am assuming) is a violation of your F-1 student status. You should correct the mistake as soon as possible. Note that you are allowed to work 40 hours per week on F-1 visa in summer and winter breaks.
  11. There is no hard and fast rule as such. Either way RFE is equally likely/unlikely based on the cases I have seen.
  12. Anybody? It is a fairly straightforward question
  13. My I140 was approved with my previous employer A a few years ago My current employer B has filed an I140 which is pending I am in the 8th year of H1B (valid for 2.5 more years) with current employer B. My H1B extension was approved recently based on having an approved I140 from previous employer A Questions: 1. Can I change my job from current employer B to new employer C and have C transfer my H1B, even though my I140 petition is pending with employer B? I will use the clause that I already have an approved I140 with my previous employer when I transfer and extend H1B beyond 6 years. 2. If my I140 with employer B is declined, my current H1B status is still valid for 2.5 years with the current employer, correct? 3. If my I-140 is declined with employer B, can I change my job from current employer B to new employer C and have C transfer my H1B? I will still have an approved I140 with my previous employer.
  14. balilanai

    h1b renewal

    It is not required for your company to be profitable. It is required that you are getting paid.
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