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About cap-gap

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  1. Yes you need to go out for a activation and don’t overstay on your F1 status. Was the COS actually filed but denied? If so, either CIS made an error or your current status may be deemed questionable.
  2. Unfortunately not possible.. how would the h4 dependent survive in US without working and income? During this difficult time, the H4 dependent needs moral support from family in India.. returning to US should be the last thought..
  3. cap-gap

    Weird H1B case

    USCIS has been issuing NOIR even on already approved petitions so it is not that strange that an Amendment triggered an RFE. if you have already started working for B, then it is risky to go for stamping on A’s 797 at this time.
  4. cap-gap

    Desi Consultant asking for money

    If you signed a non-compete agreement, then it’s not really harassment. Your H1b transfer can’t be filed if your H1b isn’t activated yet.
  5. cap-gap

    H1b rfe cost estimator specality occupation

    What is the exact title in your H1B petition, ONet code and SOC?
  6. cap-gap

    Urgent: Seeking advice on my current situation

    The risk with working on just receipt notice is the you are assuming the risk of (non)validity of bridge petitions. Even if you successfully get an approval with another new employer now, the rejection of the current pending petition- especially if fraudulent employer related, will bring your continuity of legal status under scrutiny in future.
  7. cap-gap

    Confused on Rare H1 Case

    File EOS.. you should have asked for three year I94 at POE.
  8. cap-gap

    Attorney & Legal made mistake in my employment transfer

    As you are concerned, correctly so, you worked without authorization/illegal employment with B. It is definitely advisable to get and keep as much evidence as possible for CYA about your company’s screwup.
  9. cap-gap

    US Passport with held at immigration

    They had this practice at the onset of COViD as lot of NRIs were not complying with 14 day quarantine. But holding on to US PP is strange especially now that most of the quarantine requirements have been lifted. Did they give a reason/receipt?
  10. cap-gap

    IMP: H1b Denied with MTR and new H1b

    You are playing a dangerous strategy.. You are illegally preset in the country now.. if MTR is denied, by that time you will be looking at a 10 year ban.. Even if the other H1b approved it will be almost certainly w/o I94. In that case you need an immediate stamping and again you can’t explain your illegal presence to consular.
  11. cap-gap

    H!B Transfer - Extension Denied - I94 Expired

    There were several cases not long ago where USCIS took a strong position when the bridge petitions were denied. Yours is a bridge petition bcz when you filed a new petition in May with B, you were in valid status even though your i94 expired, with a presumption that extension with A will be approved. Given that the company A filed an invalid extension petition for you, the B petition may be deemed to have been filed while you were in an invalid bridge status. USCIS may make the ruling either now or while at I485 status.. check with a really competent lawyer who is up to speed on all the latest USCIS memos..
  12. If the LCA and Amendment was filed in 9/19 and you didn’t start working on Bs payroll till 10/19, then there’s no issue at all. The site visit agent got confused or you didn’t tell him that you were working for A at site X, before 10/19. it would be a simple response from your lawyer providing all these details and the NOIR should cancelled.
  13. The answer would’ve been very simple if you didn’t leave the most important piece of information out. When did you switch to B’s payroll at X? and you got this NOIR for B, not A right?
  14. cap-gap

    H-1B approval under Consular Processing

    You already answered yourself in your question.. No
  15. cap-gap

    W-8BEN Form question

    What kind of job your wife doing? As a direct employee on W2 or contractor for a firm on W9. My guess is that you have a firm on her name and billing through that firm. then that could be a possibility of this W8 BEN. It should not be bank’s but the employer’s responsibility to collect W8BEn or W9. In recent times, banks have been given some authority to report foreigners’ status in terms of income.. heck, even airline gate agents too oversees. So, if you opened bank account when she didn’t have the EAD, that could’ve been a trigger as well.