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Everything posted by pontevecchio

  1. pontevecchio

    Indian Citizen marrying to US Citizen

    You should consider discussing the various options with a Lawyer, maybe the firm of Murthy or any of your choice. Multiple opinions have confused you and more opinions will only confuse you further.
  2. pontevecchio

    AOS Valid - L1A Denied

    Why was the L1 extension denied?
  3. pontevecchio

    Employer control on I-140

    It would be in your own interest to regularly scan the Murthy site. Since your I-140 is approved more than 6 months, you can get H1 extensions till the PD is current. Any revocation by the employer now does not affect your ability to get H1 extensions till PD with any employer. Obviously you will need some new employer to file the GC from Scratch with PD retention. You are safe to leave if you want.
  4. pontevecchio

    I-94 Extension

    Change in passport has never been accepted as a valid reason to modify the existing I94. OP should inform his company/supervisor/company Lawyer as to what happened.
  5. pontevecchio

    H1B Transfer Before going to US and Stamping

    At least read the Murthy lawyers take on H1 visa stamping making your cap count legal and presumably allowing you to change employers. Search the website or talk to the firm..
  6. Multiple posts do not help. Maybe you did not like the response in your other post. Facts remain facts.
  7. pontevecchio

    H1B Transfer

    Visa is an entry document stamped in your passport. If you mean you are in H1 status and are working for A and would like to work for B, then B has to file a H1 non cap petition for you and once they have the receipt, you can join B.
  8. pontevecchio

    I-539 and visa stamps

    She can apply for the visa when she is there with the same paperwork she had when she got the visa the first time. Visa is a physical stamp in the passport. So you do not have to extend her stay here if she can do that. I suspect it is not a regular B1 but one annotated domestic worker?
  9. pontevecchio

    H4 Visa and I-94 expired 362 days ago

    Did he not tell you of the 3 year ban for overstaying the I94 more than 6 months?
  10. pontevecchio

    H1-B visa stamping for future dated petition

    Just show the new petition on entry. Remember the computer screen is telling the Officer your entire H1 history.
  11. pontevecchio

    Employer control on I-140

    1. You are entitled to PD retention. 2. The receipt # is irrelevant. 3. He can revoke the I-140. But after 6 months you will still be entitled to H1 extensions till the PD. If the previous I-140 is not revoked then you have no problem . 4. That is for the new employers lawyer to decide. Is the original I-140 still approved and not revoked by the employer?
  12. a.b. Please run this by the Lawyer who represented you. c. Impossible to say under the current regime. d. You do not tell us what exactly happened at the Airport.
  13. This forum is run by a highly regarded law firm.
  14. pontevecchio

    H1B visa: permanently want to move India

    You can book tickets and leave ASAP. Obviously you would need to inform your employer.
  15. pontevecchio

    Port of Entry documents

    Only show the Officer your H1 petition approval if asked. No need to stress over a month.
  16. No concept of sponsorship for a tourist visa. Have her apply and go for a local language Interview and she can explain her wish to see the wonders of this great country. No coaching of any kind.
  17. pontevecchio

    H1b Visa stamping interview location different then DS160

    Maybe read https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/forms/ds-160-online-nonimmigrant-visa-application/ds-160-faqs.html
  18. pontevecchio

    Passport name change - new visa required?

    Using both passports should work. It may be prudent to have the Airline make a note in her booking about the matter if they want to. She will need a return ticket . If she has a Canadian visa, she can show them the return from there only if asked.
  19. pontevecchio

    EAD for dependent child after 18yrs age on L2

    1. Yes. 2. L2 children are not eligible for an EAD. 3. See 1. I am sure your filing involved a Lawyer and he may be able to clarify many of your questions.
  20. pontevecchio

    H4 Stamping while H1B extension is in progress

    1. It is possible and if you explain that you will be filing an extension based on your husbands pending H1 extension, they may give you the visa but only till December,28 and so will be the I94 on entry. You need to file an extension of H4 status as soon as you arrive, based on the pending H1 petition of your spouse. 2. No
  21. pontevecchio

    GC Traveling

    As long as you file US Income tax returns and have a fixed abode here, short trips abroad are allowed. Trips more than 6 months allow for a rebuttable presumption of having lost the GC. Trips above one year will lead to loss of the GC unless you have a re-entry permit. Discuss your specific needs with a lawyer .
  22. pontevecchio

    I-94 Extension

    Why did you not show the petition approval from B when you entered?
  23. pontevecchio

    H4 extension along with H1B extension

    yES. https://www.uscis.gov/i-539
  24. It is safer to assume there will be a delay. This way you are prepared.