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livliv

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Everything posted by livliv

  1. According to US law, Visa only allows one to travel to POE and request admission. Having a Visa in no way guarantees admission. You may always be required to show available funds at POE. These people obviously did not have sufficient money and when asked by CBP officers on how they will support themselves, they revealed that they intended to work.
  2. livliv

    H1B validity after cooling period

    I have already seen Murthy attorney's answer to the question 'Can H1 be filed before completing 1 year if effective date is after 1 year?' So I am not talking about asking that question. The questions I am talking about asking is, 'is this based on a USCIS memo/rule/regulation?', 'if not can we ask USCIS for clarification through AILA or Ombundsman?'
  3. Check processing times on USCIS website.
  4. livliv

    H1B Extension + PERM

    You will qualify for extension beyond 6 years only after PERM is pending for 1 year, so in Sep 2015. Until then any petition filed for you will be limited by the 6 year limit.
  5. livliv

    H4 ead card?

    EAD will soon follow. She can apply for SSN after she gets EAD.
  6. livliv

    Waiting for response to my PERM (2+ years)

    Unfortunately, that's the only way to go about it.
  7. livliv

    H1B validity after cooling period

    Yes, that's a minimum of 18 months not 1 year. So the 1 year requirement is changed from 18 to 24 months, depending upon when you leave. If I were OP, I would leave no stone unturned is all I am saying, rather than relying solely on a forum post. Don't throw the word 'law' everywhere. There are laws and there are rules/regulations/interpretations. Most business with USCIS is conducted on the basis of regulations (CFR, which as I understand is the agency's implementation of laws). USCIS has shown in the past that they can be reasonable in changing their interpretations and providing clarifications when asked through proper channels such as AILA and Ombundsman. I believe this to be a genuine case for asking for clarification if it does not already exist. Which is why I ask OP to seek legal help from an experienced immigration attorney such as Murthy.
  8. livliv

    Work From Home on H1B

    Your home is your work location so it has to be included in the LCA. If it is not in the same MSA as work location mentioned on LCA, a petition amendment has to be filed.
  9. livliv

    F1 to H4 COS

    1. As long as COS is pending, you are considered legal because it was timely filed. 2. You can try, but the H4 extension will be contingent on approval of COS. They may or may not accept it. I would apply for H4 extension only and not the EAD. So that if it gets rejected you only lose the extension fees. If both are being paid by the employer, go ahead, there is no harm in trying.
  10. livliv

    Question regarding F1 to H4 to F1

    1. Yes 2. When she enters the US using that Visa, her status will be F1 3. Yes. It is possible (depending on the consular officer's discretion) that her H4 Visa will also be canceled. If that happens she will have to apply for H4 Visa again. But that is less likely.
  11. livliv

    H1B validity after cooling period

    Too bad, as that practically changes the 1 year requirement to a 2 year requirement. (Petitions has to be filed on Apr 1 even though start date is Oct 1). I would search if there is any solid precedent/rule/regulation/memo on this. (I am not saying there isn't, just leave no stone unturned). Also, if your employer's attorney is accessible, have them ask for clarification from USCIS through AILA or other forums. Logically, USCIS should have no problems in accepting such petitions since the beneficiary will have stayed abroad for 1 year on the effective date of H1B.
  12. Just H1B, unless they have withdrawn their I-140.
  13. livliv

    H1b to L2 COS and Back to H1B

    You should just get L2 Visa while abroad and return directly in L2 status. There is no need to apply for change of status. You will still be cap-exempt for H1B purpose irrespective of anything unless you have used 6 years of H1B (spent 6 years in the US in H1B+L1 status)
  14. livliv

    H4 to F1 (OPT work time issue)

    Yes, previous work in L1B status has nothing to do with OPT.
  15. I-539 is taking very long especially for Vermont center paper based filings. 8 to 9 months is quite normal.
  16. Technically, passports cannot be sent outside the country by mail.
  17. livliv

    H1B validity after cooling period

    That effectively changes the wait period to 2 years because of cap limitations. So if avenues exist, the beneficiary should explore them. The petition is filed by employers and they have attorneys to advise them. So if something is not possible the employer's attorneys will advise them so. What's the point of dissuading someone from the beginning?
  18. livliv

    H1B to H4

    You can continue to work all the way until you receive COS approval notice. But you also have the option to stop working after you get receipt notice.
  19. livliv

    H4 EAD to H1B conversion

    You can start working on H4 EAD. Of course in order to get it your spouse must have an approved I-140 or extension beyond 6 years. The employer can also file a cap-exempt petition for you and get change of status from H4 to H1. H4 EAD is not a special status, it is just H4. So change of status from H4 is possible irrespective of EAD. Also, GC has nothing to do with whether you are on H1 or H4.
  20. livliv

    H1B to H4

    1. Since only paper I-539's are available, apply at least 1 to 2 weeks prior to last date to allow for receipt date. Your status will be application pending. 2. It will be a cap-exempt petition. But since COS is pending, it will be a bridge petition. So in order to start working on that petition, you will have to get H1 I-94. (possibly by traveling abroad and returning) 3. You will need to withdraw the COS and if H1 is approved without I-94, you will also need to travel abroad and return with H1 I-94. 4. See above.
  21. They have been considering I-539 (extension/COS) also alongwith the H1 in the past. But there is no guarantee that they will keep doing so. Technically, they don't have to.
  22. 1. B will also not get approval with I-94 and irrespective of B's petition, C will also not get I-94. At the most they will get an approval. 2. Petition may get approved, but without I-94. 3. C can file the petition, but you are out of status and you will have to leave the US. 4. You will be out of status and USCIS will know about it. Every petition and application in future will have extra scrutiny. It is also possible that they determine that you are illegal not just out of status. If that happens there will be a 3 year ban. 5. Yes, but you will need an approved petition. 6. ASAP
  23. livliv

    H1B validity after cooling period

    IMO start date has to be after 1 year. But some people thing application date has to be after 1 year. Your employer's attonrey will decide.
  24. AVR is not possible if Visa is denied. In this case Visa was approved, just not issued.
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