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Everything posted by pontevecchio

  1. pontevecchio

    RFE for H4 Extension

    You need to contact the clerk of the relevant court and ask for final disposition documents. Did you not have a lawyer?
  2. pontevecchio

    Visitor visa - length of stay

    The visa is an entry foil/document. The I94 determines period of stay and hence they can stay till I94 expiry, obviously leaving a couple of days before to make sure any travel delays do not have them here after I94 expiry.
  3. pontevecchio

    H1B Transfer from India while in India

    The operative words are " company does not want me to work in the US". Hence get another sponsor to file with PP and then come over on approval. Anything else would be considered fraudulent.
  4. pontevecchio

    H1 to H4 Conversion and Stamping

    The COS to H4 is automatically rendered invalid by leaving the country before decision.
  5. Unfortunately not. The PD will be current in 15 years as per current flow.
  6. pontevecchio

    EB1C - I140 denied

    1. No. Once the underlying AOS is denied, the EAD ceases to be valid. 2. What your lawyer said. 3. see 1.
  7. pontevecchio

    green card process

    It makes no difference.
  8. pontevecchio

    H1 to H4 Conversion and Stamping

  9. pontevecchio

    Options when laid off during vacation abroad

    Enjoy your vacation and do not keep in touch with company affairs while on vacation. Given the time frame, there is no problem.
  10. She needs to inform HR that she will be using the AOS based EAD as Work Authorization from now on.
  11. pontevecchio

    H1b approved but COS denied

    1. No H1 status. 2. CPT IS NOWADAYS A RED FLAG. 3. You could leave and return with a H1 visa to start from October,1 onwards though anecdotal evidence has people having difficulty in getting a H1 visa after CPT. 4. Ask your DSO about the status of your SEVIS. You would do well to touch base with a lawyer and discuss your situation before going for the visa.
  12. pontevecchio

    I140 Approved, In india and moved to a new company

    It would be possible to find a new H1 sponsor to file a non cap petition for you, assuming the I-140 was not revoked in the past. In fact approach your I-140 sponsor and tell him you want to come back in H1 status.
  13. It would be a bad move to try and have her visit at this juncture. She should in any case be getting the Interview very soon specially if there is no RFE and all documents have been submitted. I would not take a risk. It is true that some have done this and have had no trouble. In the present administration, this IS ABSOLUTELY NOT ADVISABLE.
  14. pontevecchio

    Travel while H1 & i485/i130 are in process

    Do you not have AP?
  15. Yes. She needs to make sure to have a copy of your latest H1 petition approval.
  16. pontevecchio

    Green Card Sponsorship: RFE on I-140

    The I-140 belongs to the employer and hence they do not have to tell you anything.
  17. pontevecchio

    H1B Extension Denied, i140 Approved

    You should both leave.
  18. pontevecchio

    Eligible to apply for citizenship or not?

    If you qualify as per the flowsheet in M476-Guide to Naturalization, then be prepared to show the factors you mentioned. You can only apply and wait for any RFE.
  19. pontevecchio

    Question about I-131 Approval Notice

    Just wait for the card to arrive.
  20. pontevecchio

    I-140 revoked

    Your option is to get a new H1 sponsor.
  21. 1. This would not be deportation if you leave on your own. Secondly let your lawyer tell you what you should do. 2. You can work for the company from India if the company allows it.
  22. A person awaiting AOS is allowed to return in H1 status without affecting the pending AOS.
  23. pontevecchio

    Transfer h1 to B1/B2 visa

    You can apply to change status. The word visa does not apply. What would be the reason? The USCIS would need an appropriate reason and proof of funds and under this regime, I would not consider approval likely.