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morphtk

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About morphtk

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  1. I have a few questions: I took visa appointment date and have appointment confirmation with DS 160 confirmation #s for myself and wife (H1 & H4). I don't have the confirmation page for both(myself and wife), which is a required document to carry. Now when I go to the retrieve application website and insert my Application ID (same as confirmation #) it brings me to the DS-160 form at some Personal info page (meaning, it asks me to go through all questions and prob. re-submit). questions: 1. Can I retrieve my confirmation page and print it (My appointment confirmation has DS160 barcodes (myself & wife) on it) since DS160 confirmation is required 2. Should I go ahead and refill and resubmit the DS-160 with the same confirmation # / application id and then print DS-160 confirmation page? 3. Or Should I start with a new DS-160 for myself & my wife. Submit this new DS-160s and get the confirmation pages along and also email ustraveldocs. (As the customer support suggested). Reading through some forums I'm getting explanations like 1. If DS-160 is submitted, it can't be change so start anew (Now, since I am able to retrieve and edit it, does that mean I never submitted my DS-160). I've started to doubt myself as to whether I even submitted my DS-160. 2. The DS160 website says, you can get the confirmation page by retrieving the application and inserting the required info (This gets me to re-filling the application instead of confirmation page directly) Anyone with some experience, plz help.
  2. So as of current standing, the employer applied for a new H1 extension based on the approved I-140. This H1 extension application is applied after my I-94 expiration and the previous H1 ext denial. I read on various forums that, if I apply for extension after I-94 expiration, I would get approval with no I-94. This means that I should get out of the country and re-enter with a new stamping and I-94 before starting to work. But, few questions/concerns that I have: 1. Can the new H1 extension (filed after I-94 expiration) be denied for the reason of out-of-status when filed? 2. Since the reason for my delayed new H1 extension is because of previous H1 ext denial. Can this be a fair reason for favorable discretion for I-94 issuance?
  3. @DontWorryBeHappy thanks for the detailed response and clear answers. Few things I learnt from my HR dept & lawyer and I am continuing with the discussion with them: 1. I can continue to work and stay for another 30 days within which I should appeal for the denial (motion-to-reopen). I don't completely agree with this either but would like to learn more on this. 2. The lawyer hasn't got the reason for denial yet so that he can put forth a plan of action. Also we are in the discussion of trying to find means to acquire another valid visa status but its good that you mentioned I should ensure employer does not revoke I-140. Added, that I can apply for new H1 from another employer and cap-exempt based on I-140 approval. Will need to cross check with my lawyer or another expert lawyer. I will try to consult with another attorney for a better insight once I hear from my existing lawyer.
  4. Hi, Thanks for your response. Sorry for the late response, but the current status is that my H1 got denied (don't know the reason of denial yet). So now I'm in deeper troubles and want to know what options I can go with. 1. Can I apply for fresh H1? Can I re-apply for H1 extension(new)? Can I apply for H1 transfer and/or extension with another employer? 2. I know I can appeal for the denial but that would just give me more time to stay (and not work) and the success rate is feeble. 3. You mentioned I can transfer H1 based on approved I-140.. Could you please elaborate on this. Thanks.
  5. My case: 1. H1-B completed 6 yrs. I-140 approved with PD Oct 2010. 2. H1-B status (I-94) expired on 03/31/2012 3. H1-B 7th yr extension applied on Nov 2, 2011. 4. Received RFE on June 20, 2012 related to pay mismatch in LCA 5. Responded to RFE on July 8, 2012 with new LCA 6. Received Denial of H1-ext on Sep 10. (Reason not known yet - will post it when avail) Please answer the following questions.. asap 1. What options do I have at this point? 2. How long can I stay in the US? 3. Can I continue working with my current employer? 4. Reading through many forums and discussions I learnt that I can apply for new H1 or new H1 extension. Could someone please explain this further and how to go about this? 5. Also, I can try for motion-to-reopen but that would be based on reason-of-denial and also its pretty delaying with less success. Does going through this path give me option to stay in US and/or work. 6. Can I apply for new H1 or new H1 extension through another employer (given quota is over)? 7. Can I change my lawyer at this point of time and consult better attorney to represent my case. I am trying to discuss this with my employer & lawyer and try to see all (if any) the possible alternatives. This is taking a big toll on me and would appreciate any expert advice. Thank you in advance.
  6. From my understanding, If you already have the 3 yr extension and the I-94 with the extended date, you don't need I140 from Company A. I140 from Company A is needed in 2 scenarios: 1. To request 3 yr extension on an expiring H1. 2. To use its old PD for any new GC application. Hope this helps.
  7. Hi Everyone, I've being waiting to get some response on this issue.. Stuck in a big mess, please advise. If need more clarification let me know.
  8. Hi, I tried to find information on this forum but couldn't see any related answer or situation. My particular case: 1. I-140 approved April 2012 1. H1 completed 6yrs on May 30, 2012. 7th yr extension(3 yrs) applied Nov 2011 with approved I-140 but still in process. 2. Lawyer received RFE in June 2012 (after 6 months on SR) noting a discrepancy in LCA. It seems the prick messed up in the annual pay numbers. So, he has to redo LCA and send it back to USCIS. My question is: 1. He was saying that if the H1 extn gets approved I will have to travel outside country and get H1 stamped since the approval might not come with I-94 extension because the new(corrected) LCA would be filed after H1B(I-94) expiration. Also, there is a possibility of approval with extension (if USCIS is generous) or denial (where he would re-submit). I don't have immediate plans to travel, but he said I would have to within few weeks of approval (if I-94 not extended). Is that correct information? or there is something that can be done to avoid such a scenario? I understand that in normal scenario one has to get visa stamp (if I-94 is expired with valid I-797) but NOT required to leave US. 2. I have very little faith in my lawyer or employer at this point of time. Can I change employer(find a new job) at this time with I-94 expired and h1 extn pending and try to get H1B applied through the new employer? 3. Any other option do I have? Any advice would be appreciated.
  9. morphtk

    I140 approved -Employer change

    Pals, I am also in the same situation. Need urgent help, please enlighten me with any advice. To summarize my situation: 1. H1-B 6yrs (I-94 date expired) completed by May 31, 2012 2. 7th yr extension applied Nov '11 but received RFE(Jun '12... application was delayed for 6+ months), so still under the process. Added: Lawyer says, RFE(received in June '12) is related to erroneous LCA so has to re-file LCA and send to USCIS. So, 1. if H1-B gets approved I'd "have to" travel outside of the country within reasonable time (1-4 weeks) and get H1 stamped on passport. Coz, H1 approval would be without new I-94. 2. if H1-B gets denied then he'd re-submit H1-B application. Questions: 1. What options do I have moving forward? 2. Can I change job at this time? Sincere thanks in advance.
  10. @nidhi_nitya 1. You can change job and transfer (get new H1) from Company B. And since you already have your extension, the new H1 from company B would reflect that 3 yrs extension... To be safer, you can include I-140 (approved) when applying for H1 by company B.. this would ensure 3 yrs extension. Note: Since your H1 already for extending for 3 yrs... it is not expiring in November.
  11. morphtk

    Please urgent help for H1B Transfer

    Similar question: Employer A applied for H1-B extension (7th yr with I-140 approved) and while in the midst of decision I want to change employer. Can new employer B apply for H1-B. If I were to travel outside country next month after changing employer.. hoping I get a response for H1-B extension... can I use the extension H1-B for my stamping (Visa stamp expired) OR do I need the changed employer H1-B for stamping... which I don't think would be in my hand in a month (unless premium process).
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