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Everything posted by pontevecchio

  1. @SPRINGFIELD, I see no issue.
  2. pontevecchio

    can we file two i-140 for one PERM/Labor certification

    Based on the job requirements and your credentials the job is either under EB2 or EB3 and these are mutually exclusive.
  3. pontevecchio

    H1-B visa applied from India

    You will need a visa to return and start work at the appropriate time.
  4. Either they will give you the GC directly or they will reschedule. Please get an INFOPASS Appointment to enquire politely.
  5. pontevecchio

    CAN WE submit for H4 EAD Renewal Before 180 days of Expiry?

    You can apply. If they take away the H4 EAD, then that will affect you even if you have got an extension before that.
  6. I will tell you how it works. You pay a lawyer for a consult and then tell him all the facts. He has to b**ody well give you a response in writing. You have to pay them for their services. The story seems a bit convoluted. How did they know about 25 minutes? What was the background?
  7. pontevecchio

    H1 --H4--H1 last approval rule

    The last action here is your H1 approval valid from October,1. Hence no problems.
  8. pontevecchio

    || Kindly Guide and Help ||

    Have employer B file with PP and leave and return on the H1 visa after approval. As said a brief question is better answered.
  9. Your current H1 visa remains valid for use with the new petition. Just travel and get a new I94 on return.
  10. pontevecchio

    Travel to US on DWI

    You should consult a DWI Lawyer in the relevant state and seek to find out whether any statute of limitations applies to your case and whether there is a likelihood of being arrested for the said charges. Do not attempt to enter without talking to a DUI Lawyer in that state and possibly consulting an Immigration Lawyer about possibilities.
  11. pontevecchio

    My H1 Approved without I 94

    The OP had a question. Others barged in and the whole post is totally out of kilter. The answer to the OP stands.
  12. You are making the matter very complicated. You have an H4 visa till June 2021. Your spouse has a H1 petition valid till June, 2021. Come back on the H4 visa and his H1 petition approval .
  13. pontevecchio

    H1B -> B2 -> H1B

    Since they do give you 60 days, it is difficult though not impossible to convert to B2 status. Once your application is on file you do have the many months they will take to look for a H1 sponsor. You will need to return and come back with a H1 visa if a sponsor gets your H1 petition approved. Your total 6 years remains available to you.
  14. Since you got an I94 with the H1 approval at that time, you are considered to have been in status.
  15. pontevecchio

    Waiting for F-1 while aged-out

    Basically ""By way of background, section 212(a)(9)(B)(ii) of the Act states that an alien who is present in the United States without admission or parole, or who remains in the United States beyond the period of stay authorized by the Attorney General, accrues unlawful presence towards the 3 and 10 year bars under section 212(a)(9)(B)(i)(I) and (II) of the Act. Section 212(a)(9)(B)(iv) of the Act is a tolling provision that covers certain nonimmigrants. If an alien has timely filed a nonfrivolous application for E/S or C/S, the first 120 days of unlawful presence are not counted towards the 3 year bar under section 212(a)(9)(B)(i) of the Act. Section 212(a)(9)(B)(iv) of the Act further states that the alien must have been lawfully admitted or paroled into the United States, and must not have been employed without authorization before the E/S or C/S application was filed or while it was pending."" PEARSON Memo of 2000.
  16. Usually they cancel existing H1 VISAS without prejudice as an initial step. Hence wait for the visa.
  17. pontevecchio

    Waiting for F-1 while aged-out

    You will have to get a F1 visa and return at the appropriate time up to 30 days before classes start. If your family has an Immigration Lawyer, you should consider discussing the future with her.
  18. pontevecchio

    Change of employer - PERM refile?

    If you have an approved I-140 with ANY employer, ANY employer can file a three year extension based on the approved I-140. If the I-140 has been approved more than 6 months back, you are entitled to any number of 3 year extensions with ANY employer till the PD of this I-140 is current.
  19. 2. No. You can stay. Once the I-140 is approved your H1 will not be cap subject.
  20. pontevecchio

    H1 Clock reset

    Unless you stayed out more than one year and then the sponsor filed a cap subject H1 on April,1 you cannot get a fresh 6 years and time in L1 status will count.
  21. pontevecchio

    Traveling while H1B approval pending

    Travel nullifies the COS though the H1 petition can be approved. Are we talking about an University here?
  22. pontevecchio

    Marriage Certificate RFE for widower

    Write back with the DC and point out he is a widower. A clerical error.
  23. pontevecchio

    H4 Visa On Old Employer Approver Petition.

    She needs to show an H1 petition approval from B to get a visa. The receipt will not do. It may be worth your while to seek help from the company lawyer in case he has some tricks up his sleeve.
  24. You can enter on the H1 visa up to 10 days before the start date. You then have 30 days to report. Hence you can enter in July.
  25. pontevecchio

    Passport impound notice

    You should get an Indian Lawyer involved in the matter.