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Everything posted by pontevecchio

  1. I would clarify AGAIN that you can book the Interview before the Marriage and you HAVE to be married at the time of the Interview.
  2. pontevecchio

    Visit India while change of status to H4 is pending

    Once you leave the COS is deemed abandoned. You can come back with a H4 visa and once you are back in H4 status, you can apply for the EAD.
  3. What is difficult about applying for a H4 visa for her? based on your H1 petition approval.
  4. pontevecchio

    PERM & i140

    Tell your employer what you posted and ask for guidance.
  5. pontevecchio

    Family Based Green Card from Sister to Brother

    Surely a novel way of answering a naïve post. Just quote the OP and wait for him to give an answer.
  6. pontevecchio

    Job Change and EAD change

    EB1-C means the company sponsored you for a specific job and the I-140 was approved as per your post. Use EAD to work and wait for the GC. It would seem from thousands of posts that it is easier to get a GC than to get a H1 extension in recent times. Why imagine problems? Your AOS can only be denied if your credentials were laser printed at home and they found out or the company committed fraud and they found out. In either case the H1 along with AOS will be gone in that case. Stick to the EAD and only let a licensed Immigration Lawyer tell you about specifics.
  7. pontevecchio


    The fact that the CBP Officer gave you an I94 in 2017 makes your stay legal. Get hold of a proper Immigration Lawyer and ask the company to pay. What exactly is an Immigration team ? My 2 cents you are fine even if the CBP Officer made an error. Is your current lawyer an Immigration Lawyer?
  8. pontevecchio

    Multiple Out Of Cap

    Why is it a concern since they will pay and file? Or do the big five or other Indian companies ask the employee to pay?
  9. Get specific guidance from their Oncologist and request an appropriate letter from him and proof of enrollment in the trial with letters from the relevant Coordinator/ Hospital.
  10. pontevecchio

    New petition after H1b denial

    This is one of those occasions where a consult with a lawyer may be helpful as to opine whether you are considered to have been cap counted based on all the facts. Also have C file in PP if available and join him on approval if necessary leaving to get a H1 visa.
  11. pontevecchio

    I485 filing

    One is allowed to retain the PD of an earlier filing for a subsequent filing. Your company Lawyer can certainly file your AOS by referencing the Previous PD available to you. First talk to the company and their Lawyer.
  12. pontevecchio

    H1B Extension Denied - Options

    Since it takes many months to decide the COS to H4, I would counsel leaving and returning with a H4 visa.
  13. Yes. But since the wait for the family based Immigration is 12 years, it may not make much sense. In any case wait till November and see how much movement is there for EB2 India. Look at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-july-2018.html for various visa options applicable to you
  14. pontevecchio

    School transfer OPT rule

    Go and talk to your DSO. Since you do not have OPT yet, the rule would not seem applicable to you.
  15. pontevecchio

    F1 expires 05/19 & filing H1 in 04/19 -- extend F1?

    You seem to be under the impression that the visa is material to your legal stay here. The visa is an entry stamp and lets you enter . Your stay is dictated by your status based on the I94. You are allowed to work till 2020 based on your OPT EAD.. You will only need a F1 visa should you wish to leave and return in F1 status after May,12.2019.
  16. pontevecchio

    H4 out of status

    Discuss the situation with a lawyer. They may try and file a forgiveness petition though one does not like the odds. She should not travel unless the matter is resolved either way. She could potentially get a ban if the nunc pro tunc petition is not approved.
  17. You should engage the firm of Murthy or any of your choice to deal with the matter as it would seem the lunatics have taken over the asylum and it would be foolhardy to try and negotiate Immigration matters on your own at this critical juncture in this countries otherwise mostly Illustrious history.
  18. pontevecchio

    I-94 Expired due to passport expiry

    It is possible you overstayed the I94 less than 6 months and the POE Officer used his discretion and gave you an I94 on return basically rendering your stay legal. This is a complex matter which needs the company to involve an Immigration Lawyer. You said Immigration team. Have you reached out to them with your concerns.?
  19. pontevecchio

    H4 extension needed from USCIS?

    No. She has already had her status extended.
  20. You can use the existing visa along with the petition approval to return.
  21. pontevecchio

    Case Sent Back to USCIS for revocation

    USCIS will either agree or reaffirm the petition. If they agree, the H1 is gone. If they reaffirm the petition, you can reapply for the visa. The time frames are very long.
  22. pontevecchio

    Visit India while change of status to H4 is pending

    I assume no 2 year HRR issue. You can get a H4 visa and return assuming your spouse is in H1 status.
  23. What does the company say? Have you talked to HR/Your supervisor?
  24. pontevecchio

    H4 EAD RFE applied renewal before 180 days of expiry

    What exactly does the RFE state? Why cannot you reply that you applied sooner than allowed by mistake?
  25. pontevecchio

    H4 EAD status question from USCIS website

    Most likely, YES.