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About kuku82

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  1. kuku82

    H4-H1 , H1 filed when am in India

    Even if you travel to USA on any other visa status, your current petition will be approved without COS ( if at all it gets approved) as you left the country while COS was in process. In that case you will have to step out of the country again for stamping of new H1 petition. Btwn yes, would like to hear about the question asked before. If your petition is direct employer then you dont have to worry about stamping. It might be troublesome in some cases if your H1 b is through consultant.. Would like to know about it from you
  2. kuku82

    H4-H1 , H1 filed when am in India

    @sssshyam Once you leave the country your COS becomes void. So you need to get your stamping done from India. Btwn can you please tell us if you got your H1 through direct company or consultant based company, if you dont mind ?
  3. kuku82

    Very Weird -- Urgent Help Needed

    Ideally if you changed your status from F1 to H1b , then you can not start working until you get your I 797A copy in your hands.. This is true for any change of status situations. If you were already working for that employer on OPT status then you can continue to work before you get notice. usually Employers do not let someone start who changed their status without getting actual approval notice as the HR department has to work on your paper work and payroll stuff which is not possible until they get actual notice. if it was H1B transfer or extension, then "yes", you can start working before you get actual notice as you were already on h1 status. Hope this helps.
  4. Luck has definitely to do with visa dude !!!! more than 75% cases going to so called administrative process have no reason even if all required documents presented. Some times they do not even bother to ask to applicants if they have required documents. They just give a a colored form mentioning required documents no matter you carry them with you or no., Many cases they just give yellow forms and no documents required. No matter how genuine and perfect the case is, it totally depends on luck.
  5. kuku82

    B1 to H1B

    it seems like your change of status is not approved as your I 94 expired earlier than your H1b starting date. You might need to go to India for visa stamping. Still you will come to know after you get actual notice. USCIS is inconsistent about this issue. I also changed my status from b1 to h1b. In my approval Email -the consulate notified section was blank, and I got I 797A notice with new I 94 attached.
  6. @tejal I did not go for new B1 visa...I already had it before I got my first H1b stamping.... So there was no issue of getting b1. Secondly how would you know if the refusal was employer related ... ---- Well, when you get a letter from US consulate after your interview stating that they are sending your petition back to USCIS they always mention a reason. The most common reason for EVC or even EC model is - Employer-employee relationship not maintained. This is true for all H1b visas through consultants.. Second reason - Your educational qualification do not match for the position and for that matter for this visa. Third reason - At the time of approving your status, USCIS adjudicating officer was not aware of some facts... ( this was my case. I do not remember exact words what they mentioned) Now I am a non IT guy, a direct employee in a health care field with non for profit non cap organization with more than 2000 employees - a very straight forward case. I got this reason in a letter by the consulate because I asked them to withdraw my case as my employer had already terminated my contract after waiting for 3 months. So there was no reason for continuing the pending case.. But instead of withdrawing my case the consulate returned it to USCIS stating the above mentioned reason and it was pending since then. In the lat but not the least - entering on b1 visa with intention to changing status is a fraud if you did not declare your intention at POE. I did not intend to do that. I came to see my employer and discuss further options and that is what I informed at POE when I was asked the reason to visit, I also told them that my H1b is pending with the same employer. they did not bother about it and gave me 6 months entry even if I asked for only 15 days. But they noted it down in their system. So I met my employer and decided to apply for new H1b next year. But on a previous day og my leaving I got a call from him asking me to start if I can as they had someone leaving the position. So we tried my luck from there and got lucky enough to change my status. USCIS must be aware of my previous pending h1b, my current status and what I mentioned at POE as a reason of my arrival to the USA. So fortunately I had uttered truth at POE and it helped me.
  7. Well I already have B1/B2 visa on my passport before I got H1b and it was valid for 7 more years.... Getting new b1/b2 with h1b pending is really not a good idea..
  8. kuku82

    I-94 expired over a year, H1 valid.

    Well if you did not get I 94 with your approved I 797 than it was approved for the consular processing. you attorney must have received the separate letter along with approved I 797 mentioning that you need to go out of the USA for visa stamping. So you need to make it clear with your attorney who filed your H1B So in that case you are out of status since the last day of your I 94 expiry date which in your case is more than one year back. You need to consult a good attorney for this issue.
  9. well, my two cents !!! Reapplying with a new petition is the only option when your petition is sent bacl to USCIS, as it will take forever to get response from them. Going for the same employer again is not a good idea if the refusal of first petition was employer related. If it wans't employer related then chances of getting approval with second petition is very high. I had the same case.. my petition was sent back to uscis and expired.. I came back on b1 visa and applied for new petition with change of status which got approved. My previous petition is still pending by USCIS under review after 1 year.
  10. USCIS run a random review over a different period of time on various petitions to verify genuineness of that petition. You do not have to worry if you did not do anything wrong at first place. If your H1b was through consultant, chances are there that USCIS might ask for more documents from your employer to prove employer-employee relationship. But anyways this review takes its own time starting from few months to a year.
  11. kuku82

    Unknown Status

    It looks like a receipt notice. The format is similar to what they put for Receipt notice.
  12. your first I 94 becomes void after you get the new one... it is your most recent I 94 which decides your status in the country. Still you can submit both of them.
  13. kuku82

    B1 to H1B Status Change

    @ priya it depends on your h1b start date. If h1b start date is later than your current I 94 expiry date, then your change of status won't be approved and you might have to leave the country and re enter with new visa. In your case like you said your current I 94 is expiring on April 2012 and if your h1b start date is Oct 1, 2012 then you will be out of status after april 2012 if your COS is not approved. In that case it is better to apply with premium processing which will give you a better and earlier idea about your approval status . My case is also the same. I entered in Nov 2011 on b1 visa and applied for new h1b in dec. ( Mine is non cap, non for profit). My i 94 is valid till may 2012 and my h1b start date is Jan 1, 2012. I have got the email approval of my H1b petition now waiting for Actual I 797 approval notice to know if my change of status approved and i got new I 94 or not. Will update you once I get my notice. Good luck
  14. @raghav Thanks. it was such a relief. I read somewhere on the forum that people still get I 797b ( without new I 94) even though email approval mentioned I 94 number. So I was quite worried. More suggestions will be appreciated.