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About 0407

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    Advanced Member
  1. 0407

    H4 to H1B COS and H1B Transfer without Paystubs

    File for H1B to H4Cos ASAP. There is a a decent chance that USCIS will approve it. There is a chance of RFE for paystubs as well. But sooner you apply, better. Once H4 is approved, you can file for H4 to H1BCos which is not subjected to CAP and can begin working once it is approved
  2. 0407

    Very Important H1 transfer question

    New I 797 is validity is independent of current I-797 validity. Typically H1B transfer is approved for a period of 3 years from the time of approval. You don't need stamping. You can enter with Old stamp and new I-797. At port of entry visa officer most likely will give you I-94 vlaid till new I-797 validity. But he can choose not to do so and give validity till your visa stamp. Don't try to enter USA on H1B without a real valid job
  3. your previous employer might have withdrawn the H1 Now
  4. 0407

    H1 b with EAC number

    yes. Each new "transfer" gets a new EAC/WAC number
  5. Talk to an immigration attorney. Good one at that. Don't depend on the forum to give you accurate guidance on this. What you have is a tricky situation. Spend 200$ and make your life peaceful
  6. you are on H4. H4 is the lasta ction. Your status won't change to H1 on oct 1
  7. 0407

    H1B approved but revoked

    6 weeks.
  8. 0407

    H1B approved but revoked

    You have to file FOIA. I have posted some more details on the below thread as well. http://forum.murthy.com/index.php?/topic/63562-how-to-check-if-h1b-receipt-number-belongs-to-me/
  9. what I have seen is the following: Any documents that were submitted on your behalf will be given to you. For sure you will get copy of I-129 that has the approval stamp with the receipt notice number. Now let's say, employer submitted the copy of approval notice while withdrawing the petition, you will get that too. I saw the above when my wife and I applied FOIA.
  10. 0407

    H1B approved but revoked

    File FOIA (G639) to get copy of all your documents (including H1B petition - I129) that are with USCIS
  11. File FOIA (G-639) to get all your immigration records. You will get answer to all your questions
  12. 0407

    Employer not giving I797A

    File FOIA ( G639). You will get all your immigration records
  13. File FOIA (G-639) . you will get all your records that are with USCIS. This will have copy of I-129 approved. This I-129 approval will have receipt number seal
  14. 0407

    Transfer H1B without copy of Oriinal H1B

    Your employer can cancel the H1B. But some other employer can still transfer that H1B. Once your cap subjected H1B is approved your subsequent H1B petitions ( a transfer is just another H1B without being subjected to cap) are cap exempt. Withdrawal of previous H1B has no impact on ability of another employer to transfer that H1B. If your H1B transfer is filed say after Oct 1, USCIS might want to see pay stubs. Because your status changes to H1B on Oct 1 and you need to get paid on H1B. If your transfer is filed before Oct 1, as you are on OPT and there is no requirement that you need to be paid, pay stubs may not be required. A new employer can file a H1B for you anytime.
  15. 0407

    Transfer H1B without copy of Oriinal H1B

    File FOIA (G639) you will get a copy of all your immigration documents. your I-129 will have approval seal and that is enough for proof