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Attorney_15

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  1. USCIS sometimes accepts downgrade requests from EB2 to EB3 at the RFE stage. It is usually at the officer's discretion.
  2. Attorney_15

    I-140 Withdraw after 180 days

    Generally, if an I-140 petitioner sends a withdrawal of the approval more than 180 days after the approval date, the petition can still be used for some things like H1B extensions of priority date transfers. One may be able to find out by call USCIS. However, such information should be available by filing a Freedom of Information Act request to USCIS.
  3. Attorney_15

    Porting I-140 to the new employer in 2 months of approval

    If an I-140 petitioner withdraws the I-140 petition within 180 days from the petition approval date, the approval is revoked automatically and there are generally no benefits to take from that petition. In this scenario, the beneficiary would not be eligible for transferring the priority date or getting extensions of H1B status beyond the 6 year limit.
  4. Attorney_15

    H1B Transfer

    Generally, if a "transfer" H1B is filed before the last H1B is revoked, the beneficiary can still qualify for approval of the H1B with status. USCIS can however make a determination that there is some ineligibility.
  5. Attorney_15

    H4 221g Chennai Consulate

    In a 221g situation, there is unfortunately not a lot that can be done. If one has been instructed to get a medical done before a visa is issued, that medical report is generally reviewed by the consulate and then by the CDC in the United States. One can periodically follow up with the Consulate for more information but these sorts of situations can continue for unknown amounts of time.
  6. Attorney_15

    Priority date porting issue after employer change

    The law allowing for one to keep the priority date was changed effective from January 17, 2017. However, the law's requirement of 180 days is post approval of the I-140 and post January 17, 2017. USCIS has been known to take the position that withdrawals causing revocations that happened before the new law or less than 180 days after the new law went into effect do not allow one to transfer the priority date.
  7. Attorney_15

    Will I receive a notice of Intent to revoke(NOIR)?

    If an H1B is approved by USCIS and the start date is from the date of approval, the fact that the employer tells the employee to report to work from December 3 could be a problem. A site visit from USCIS after the H1B is approved and when the worker should already be working there may be hard to overcome. To try to overcome such a possible NOIR, the employer is going to have to explain how the statement that there was work from the perhaps October 4th start date was accurate even though there were no workers. In some revocation situations there really isn't an explanation that would convince USCIS to not revoke an approval.
  8. USCIS may revoke an H1B approved for such an employer and then it may deny subsequently filed H1B petitions if the revocation is of an H1B cap case.
  9. Attorney_15

    L1A Extension Rejected - How long do I have to leave the country

    Generally, if one receives a denial on a petition after the I-94 Card has expired, one is unlawfully present from the date of denial. One is required by law to leave straightaway - unlawful presence means one has no permission to be in the United States. Unlawful presence stops once a person has left the United States. Unlawful presence that does not exceed 180 days after departure from the U.S. does not subject one to a 3 yr or 10 yr bar to return. It must, however, be disclosed in the DS-160 form. It may be helpful to identify the reason for the unlawful presence - the denial of the petition. One who is unlawfully present in the U.S. for more than 180 days when they leave is subject to a 3 year bar to return and one who is unlawfully present for 1 year or more when they leave the U.S. is subject to a 10 year bar to return.
  10. Attorney_15

    Client letter with 1 month validity

    In this situation, one might want to prepare another H1B Petition with a new LCA with a validity period from February 28, 2019 (when the current SOW expires) and file it before responding to the RFE, and then respond to the RFE with the letter and SOW available. In this situation it is quite possible that USCIS will only approve it to February 28, 2019. However, one might not receive the decision until after that date. Furthermore, if the H1B Petition is still pending post-Feb. 28, 2019, as soon as the new SOW is issued, file a supplemental package to USCIS with the SOW arguing that just as the petitioner stated the work is continuing after Feb. 28, 2019.
  11. Attorney_15

    H1B New application: RFE for client letter and Vendor Agreement

    If the only reason for stopping work is the expiration of work authorization AND a client letter was submitted, then it is generally permissible to respond to the RFE arguing the sufficiency of the existing evidence. The odds of approval are on the low side but there does sound like there is a legal basis for responding to the request.
  12. Attorney_15

    Meaning of ‘most recent tax year’ in RFE for spouse petition

    Generally, when USCIS requests a tax return for the 'most recent' tax year if the RFE is due before or one is responding before the due date for a return and before one has filed the return, then the most recently one filed is submitted. So, an RFE issued on February 3, 2019 asking for the most recent tax return would generally be satisfied by a 2017 tax return unless one had filed the 2018 return. IF however, one has filed their 2018 return, in this example, then one would be required to provide the 2018 return. If someone has received such an RFE after the April 15 due date for tax filings but one has filed an extension, so the most recent return is still 2017, then one would generally provide the 2017 return and the extension for the 2018 return.
  13. Attorney_15

    RFE for client and vendor letter

    A denial of a petition without a letter from the client detailing the job duties and role requirements is quite common.
  14. Attorney_15

    I got an Rfe

    It sounds like USCIS is asking for a second copy of the petition filed for the beneficiary. One might wish to consult with an attorney to review the full content of the RFE to verify exactly what is being requested.
  15. Generally, the law allows a person to continue working more than 240 days if the H1B Petition is an Amended Petition with an extension of status request. The 240 day work limit generally applies only to those petitions seeking an extension of employment without any changes.
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