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Everything posted by Attorney_21

  1. One in this situation can file a change-of-status. However, the normal result would be a Request for Evidence from USCIS requesting proof that the H1B extension was actually approved to "fill in the gap" in status after the expiration of the I-94.
  2. This is a common scenario - one CANNOT be admitted to the US beyond passport expiration. The I-94 governs how long one is allowed to remain in the US, so this should normally be resolved either by travel with a new passport, or by having the employer file an extension of H1B status. Remaining beyond the I-94 expiration would likely render one's stay "unlawful", which has serious consequences.
  3. Attorney_21

    Joining a direct client full time on H1B Receipt Number

    H1BUser24: It is legally permissible to join an H1B petitioner based upon the receipt notice. As long as the petition is ultimately approved, then there is no issue with this strategy. However, if the new H1B petition is ultimately denied months later (after you have left the original company and they have withdrawn the H1B petition), this would generally leave one "out of status" and potentially "unlawfully present", which can have serious consequences. Sometimes there is no way around this issue, particularly when premium processing is unavailable. However, there are risks to doing so. This is ultimately a personal decision, based on the relative merits of each employer - if your current employment is becoming insecure, this is definitely a factor to consider.
  4. Attorney_21

    B2 I-94 Extension of stay in the US

    HI Rushme27: 1) One can apply for 6 months, and there is generally no reason to apply for a shorter period, given the long processing times. 2) A letter explaining that travel is impossible because of Covid-19 will likely be sufficient at this time. 3) One should provide evidence of sufficient finances to remain for 6 months without having to work without authorization. This can be the applicant's own bank statements (a few months), or it can be an Affidavit of Support signed by a financial sponsor (I-134) supported by the financial sponsor's bank statements, proof of employment, etc. This will frequently be requested if it is not supplied. 4) USCIS will sometimes request proof of ties to the home country - proof of property ownership, finances, etc. in the home country. If one doesn't have all of this available in time to file, one can submit a skeletal application. It is likely that USCIS would issue a request for evidence for any missing documentation. rather than deny the application outright.
  5. Attorney_21

    Filing Multiple H1B petitions

    You can have multiple petitions filed on your behalf, as long as the companies are not "related" - you should note that USCIS has become vigilant on the issue of "related" companies filing multiple H1Bs for the same person, which is not permitted.
  6. Attorney_21

    Travelling to Mexico with Expired H1b visa stamp

    parikh Automatic visa re-validation is available to you as long as: (1) You have valid H1B and H4 USCIS approval notices (with I-94 cards attached); and (2) your trip is 30 days or less. You are NOT allowed to apply for a new U.S. visa during the trip.
  7. Attorney_21

    Leaving for H1 stamping with shoplifting charge

    You need to discuss this with a qualified attorney, as this is a complicated issue. Several attorneys at MLF are designated to discuss complex criminal matters like this. I would suggest that you schedule a "criminal" consultation.
  8. Attorney_21

    India visit during h1 processing

    If your H1B is filed as a "change of status" (i.e. it's filed while you are in the United States), you are not allowed to travel until it is approved. Travel while it is pending is an automatic withdrawal of the "change of status" request, meaning that the H1B will be approved for "consular processing" only. If your H1B is filed for consular processing while you are still in India, there is no reason that you cannot continue to travel to the US on your B1/B2 if you have a valid reason. You will still, of course, have to return to India for your H1B visa "stamp".
  9. Attorney_21

    Change Client Letter After Filing

    mumbai0007: We've had some success with providing "updated" documents like this along with a premium processing "upgrade" request. It seems like the Premium Processing unit will frequently consider documents provided this way (although they have never told us one way or the other what their policy is) so it is worth a try.
  10. There are provisions for "household members" who do not qualify for dependent (i.e. H-4) visa status to remain in the U.S. in B-2 status for longer than the normal time limits. This normally is applied in the case of elderly parents who had been living with the H1B visa holder in the home country, and require the his/her support/assistance when the H1B goes to the U.S. There was a USCIS memorandum released on this several years ago, but it is a complicated issue, and you should consult a qualified immigration attorney for guidance.
  11. Attorney_21

    H4-EAD approval taking too long

    Mumu: Did you just apply for the H4 EAD, or was there a concurrent H4 change-of-status filed with it? Processing time for an EAD is normally 60-90 days, but the change of status would take much longer, generally. 4 months is outside normal processing times for a stand-alone EAD.
  12. Attorney_21

    Incorrect dates on H-4 approval

    chopshop File a Service Request with USCIS (call them). This can take several weeks, or longer, but it should be corrected. This does appear to be a USCIS error, given that your wife's status expires in November.
  13. US_REV This is a very complicated issue that we've dealt with before - you should seek out a qualified immigration attorney to discuss this matter. It's not something that can be adequately addressed in the Forum.
  14. Attorney_21

    H1 b transfer before October 1

    You are not "counted against the [H1B] cap" until October 1st - if employer A revokes the H1B before October 1st, then you are no longer "cap exempt". Also, filing a "change of employer" H1B before October 1st is generally a bad idea (if you are filing based on your "cap case" with an October 1st start date). This is a complex situation, and I would advise discussing it with an attorney.
  15. Attorney_21

    H1B Cap exemption query

    You should consult with an attorney on this issue - until recently I would not regard this as problematic, but it appears that USCIS has changed their policies on this (claiming cap exemption more than 6 years after being "counted against the cap", even if you haven't exhausted your 6 years of H1B time). This is an issue that's clearly in flux, and too complex to discuss adequately here....
  16. Attorney_21

    Question about the pay

    That's fine, as long as your Labor Condition Application (LCA) and H1B Petition list hourly pay (and you are actually receiving that wage, and working the correct number of hours)...If that's not the case, you should consult with an attorney to see if you have a problem or not.
  17. Attorney_21

    After Deportation can I go back to the US.

    This is a complicated question - were you actually ordered removed or did you accept voluntary departure?
  18. Attorney_21

    Does bonus count in prevailing wage?

    To be counted as part of the wage for "prevailing wage" purposes any bonus must be "guaranteed" and "non-discretionary". In other words, if there is a chance you won't get the bonus, it doesn't count towards meeting the PW.
  19. No - the employer is required only to pay the "offered wage" from the approved LCA filed with your H1B petition. If your H1B is extended, and a new LCA is obtained, the change in prevailing wage will be reflected at that time.
  20. Attorney_21

    H1B visa stamping Consulate

    You can normally go to any Consulate for visa stamping (not just the one listed). However: (1) If your change-of-status was denied because USCIS formally determined that you were "out of status" you are only allowed to go to your home country for visa stamping (See Section 222(g) of the Immigration and Nationality Act). (2) Not all consulates will consider "third country" applicants (i.e. people who don't reside in the country where the consulate is located - you need to check the consulate website - the consulates change these procedures all the time)
  21. Attorney_21

    Using H1 before Oct1

    No - you have H1B status from October 1st only, not before. You need to find a way to remain "in status" until September 30th, or else return to India and apply for an H1B visa stamp to return for your H1B employment (you can enter 10 days before the H1B goes into effect). I don't see any way to work for Company Y before 10/01/2015 unfortunately.
  22. Attorney_21

    Working on EAD

    1) The H4 EAD is unrestricted, she can work for whomever she likes, either full-time or part-time and with multiple employers if desired. 2) Yes, the EAD is unrestricted - she can work for whomever she likes.
  23. Attorney_21

    H1 expires 09/15 COS

    You are in a "period of authorized stay" as long as your change-of-status application is FILED before the expiration of your current status, so you are allowed to remain in the United States until USCIS makes a decision on your case. (You are not allowed to work after the expiration of your H1B, however).
  24. Attorney_21

    h4 to f1 for family reasons

    1) An F-1 visa is a non-immigrant visa, so you will always have to show proof of ties to your home country and an intent to return. I don't believe that your history will present any particular issues in this regard. You will need to disclose that you are still legally married, but you can explain your situation to the Consular officer (i.e. that you are separated from your spouse, have no contact with him, and will not be residing with him). You will need proof of finances sufficient to support yourself (i.e from your parents). 2) I don't see any need to contact your spouse.
  25. Priority Date "Chargeability" is normally based on country of birth (NOT citizenship). Acquiring another country's citizenship will not normally change your chargeability. There are some limited exceptions (i.e. children of diplomats, or children born in a country where their parents did not reside and were not born in). If your parents resided in Pakistan when you were born then you are most likely subject to the more-favorable Pakistani dates, but talk to an attorney about your individual circumstances to confirm this.