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About H1B_boy

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  1. H1B_boy

    H1B Job After Maternity

    I am in a big IT company on H1B visa. I went for maternity leave (FMLA). Now I am ready to return back to work. Issue is project manager is telling they don't have any work for me at same location. They hired a new guy for my vacant position. Is this ethical? Now they are telling me to relocate to some other state. How can I relocate away from my husband and with infant to other state. please help me. Are there any option I have.
  2. yes FMLA is for father also, no issues. FMLA can be taken anytime before or after. It can be split-ed also. FMLA is generic its not only for Maternity, it can be for any serious health issue and to take care of family person. Please google FMLA you can get all official info from Federal website. Please help yourself.
  3. That's correct, also one must have worked 1250 hours in last 12 months.
  4. Its very simple vikky. Please search FMLA, you can take 12 weeks to take care of new born, unpaid. Its legal. You just need to ask your HR for the form , fill it up and send it to HR. You are good to go.
  5. I am requesting your help on behalf of my wife. Hi, My 6 years on H1B will be completing on 4/2017. I-140 is approved through my current employer say 'A'. I am in a process of changing state and employer say to 'B' in October-2016. Now, if I get pregnant in October-2016 and due date is in June-2017, then as per state FLMA rule, I will not be eligible for FLMA as I have not completed 12 months with new employer 'B'. In that case, if employer 'B' is okay to take me in the same project after maternity leave, however they will not pay me as I will be on maternity leave and not on FLMA. My question is: Can I go on maternity leave (not FLMA) and be in H1B status. And rejoin them after maternity leave? I there any funda as maternity leave and not FLMA in H1B status? Thank You.
  6. Seniors please suggest your thoughts and real rule. Thank You.
  7. Hi, My I-94 expire date is: 3-June-2016. My H1B extension was filled on 15-April-2016 in normal process (which will that 8 months for result and I can do PP) In the meantime, if my projects ends and I have to go to another location say in July. Can I change location? I have checked with my company's visa team, they told me when I get a new project at new location they will file an amendment and a new H1B extension with new location on top of the earlier h1B extension application with linking old receipt number. Is that true, can I change location in USA when H1B extension is in progress. Thank You for your help on this.
  8. Hi, Currently I am on H1B in US. I have 3 more years for extension. My employer has starting processing for GC in EB3. My question - 1. My spouse is also on H1B in US. Has 3 more years for extension. 2. Spouse's employer as of now is not going to start GC processing. 3. But my employer has starting GC processing for me in EB3. 4. Is there a way through which I can include my spouse in my GC process so that in future when I will get H1B extension after 6 years, spouse can also get H1B extension. 5. Or there is no way spouse can be linked to my GC for getting H1B extension after 6 years in US on H1B. Also, let me know if below is correct. a. If PERM is approved - Person normally get 1 year H1B extension after 6 years in US on H1B. b. If I-140 is approved - Person normally gets 3 years H1B extension after 6 years in US on H1B. Is there any wait period after Perm approved to get H1B extension. Really appreciated your guidance on this.
  9. H1B_boy

    H1 India --> H1 Canceled -->H4 -->H1 Cap?

    Thank you DontWorryBeHappy and pontevecchio for your valuable inputs. We will take our decision soon...thank you...
  10. H1B_boy

    H1 India --> H1 Canceled -->H4 -->H1 Cap?

    I am sorry but...her current employer will take her passport and will return with 'Cancelled' stamp on her visa. So in that case also, as you mentioned above 'she can come in H4 status and get a H1 sponsor to file with COS for her.' The above h1 you mention will come under cap or no? Thank you..
  11. H1B_boy

    H1 India --> H1 Canceled -->H4 -->H1 Cap?

    Thanks pontevecchio for replying. Can you please clarify below....Sir Request you to please reply.... My wife was in USA earlier (few months back till June-2012) on H1B. As her project got over she went back to India. She has H1B visa stamped on her passport. So now if she resigns in India her employer will cancel her H1B visa. So in that case I am planning to get her on H4 to USA. Once in USA, can she apply for COS or new petition for H1B through consultant. (can this be done even if H1B visa was canceled? It will have cancelled stamp on visa through her old employeer) Or Will it come under cap ? As you mentioned I am also checking in DOL... Awaiting your reply....
  12. Hi All, Let me tell you that you people are doing great job! by helping people. I salute you all... Below is my question. I am on H1B in USA. My wife is in India but she has H1B stamped visa. Now if she resigns in India , her H1B visa will be canceled by her empolyeer. And she will come to USA on H4. Now once in USA , can she apply for H1B(to re-activate old H1B which was canceled by her employer in India)?. Will she come under H1B cap? She will not have latest pay stubs, then also H4 to H1 can be done? Request you to please reply soon..as on this reply ..we will decide whether she resigns or not form India... Thank you...
  13. H1B_boy

    H1B to H4 and again H1B

    Hi, I am on H1B extension valid till 2014. But as my project is getting over my employer (company) is sending me back to India. My wife is on H1B she has her project in USA. My question is can I transfer from H1B to H4 in USA. And then try for an job and again change to H1B. Is it possible? If I transfer H1B to H4 will my H1B gets cancelled? And after H1b to H4, to get again H1B do I need to again apply for H1B (new) or my old h1B gets activated. Thanks!
  14. H1B_boy

    H1B extension app issues at VSC.....

    It got approved on 13-Dec....