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Everything posted by pontevecchio

  1. pontevecchio

    Multiple H1B Transfers and switching between them

    The word "transfer" is a misnomer. Nothing gets transferred. A new H1 employer files and gets an H1 petition approved and you can join him if you want. Since both the petitions were applied for when your current I94 was valid, you can decide to join whichever.
  2. pontevecchio

    I140 validity - Division spun off before completing 6 months?

    1. The PD of the existing I-140 remains available to you for any future filing. 2. B could have taken over as" successors in interest" and did not need to file another I-140. Only the company can tell you why not.
  3. You had issues personal issues involving your Mom's health and you sorted it out and returned for the Interview. If the sponsor provides documentation in reply to a query from USCIS, you could be all right. The word bench had no place. You came back on AP and also have an EAD. Was it too much to have spent a few hundred dollars on talking to a lawyer before the Interview? You should be all right.
  4. pontevecchio

    I 140 withdrawn within 4 months and retention of PD Date

    I-140 revocation does not take away priority date retention and hence your PD is retained for a subsequent I-140 filing.
  5. pontevecchio

    I140 validity - Division spun off before completing 6 months?

    Once you have an I-140 approved for 6 months, you are eligible for H1 extensions beyond 6 years till the PD is current.
  6. You should also have realized that this forum is sponsored by a very qualified firm and hence feel free to contact them.
  7. pontevecchio

    H1b stamping in Hyd consulate

    I refer you to the saying "fools can ask questions which the wisest men cannot answer.". You should have no trouble and are certainly allowed to answer "I do not know" where relevant. Would you know more about your field than a VO? Let us know.
  8. pontevecchio

    H1B reuse remainder period

    "December 5, 2006 USCIS memo by Michael Aytes " should help. In your case, the only way to convince the company is to have a lawyer speak on your behalf.
  9. pontevecchio

    Stem OPT to Phd and Travel advice

    If it is a continuation of your studies and the university is well known, you will be fine. In any case, you will need to discuss the matter with your DSO to make sure your bases are covered.
  10. pontevecchio

    Automatic visa revalidation for Transit to Hyd via Canada

    AVR is not applicable if you travel to and from another country to Canada and then return.
  11. How did you manage to get a huge loan in the first 6 months of your H1? a. Your financial credit is irrelevant to USCIS. b. It depends. For example, Banks may do a credit check for employees in certain areas. c. Your financial credit is irrelevant to USCIS. d. Your financial credit is irrelevant to USCIS. Why the extreme urgency?
  12. pontevecchio

    H1B reuse remainder period

    Should you be working for an employer who does not seem to have a clue about the H1 duration allowed? You are entitled to 3 years in H1 status as the remainder option and your employer should be filing for three years.
  13. pontevecchio

    Convert from EAD to H1

    You should talk to a lawyer. The only question is whether you are entitled H1 extensions once the PD is current and then retrogresses. Based on the fact that you were in H1 status till 2015, I suspect you can get back into H1 status once the company files and gets an H1 non-cap petition approved and you may need to leave and return with an H1 visa after petition approval. This would be the way to go under your situation.
  14. pontevecchio

    Visa Issues

    Since your existing visa has been cancelled, you will need a new H4 visa to return.
  15. pontevecchio

    NO Insurance and unemployed on GC

    You have absolutely nothing to worry about. Just answer any questions truthfully. At this stage, there is no risk to your Naturalization.
  16. pontevecchio

    Travel to Canada and back using AVR

    Yes. You still need a visa to enter Canada.
  17. pontevecchio

    NO Insurance and unemployed on GC

    Having an employer is not a must. How did you get your GC and when did you last work?
  18. pontevecchio

    GC priority date

    You can convert your case to consular processing.
  19. pontevecchio

    Cruise closed loop travel query

    AVR means that one needs a valid I94 to return and NO current VISA is required. You do not need an unexpired multiple entry visa, which in this context makes no sense at all. You need to know whether MEXICO will let you enter their territory and under what circumstances.
  20. Yes, You can. There is some paperwork involved in changing to CP. Discuss your matter with the company Lawyer. By the time your L1 ends, you will have the GC.
  21. What is your country of birth? Any reason why you are not getting professional guidance from your Immigration Lawyer?
  22. pontevecchio

    Cruise closed loop travel query

    Ask the cruise line whether you can enter Mexico without a visa for Mexico or the USA?
  23. pontevecchio

    Perm 2008

    Once PERM is approved, the I-140 has to be filed within 6 months or that PERM approval is redundant.
  24. pontevecchio

    Employer Withdrawn Approved I140 within 6 months

    That ability will go if the I-140 is withdrawn before 180 days.
  25. pontevecchio

    Travel when F1 to H4 and EAD is pending

    1. Many months. 2. She can either leave and return with the H4 visa and reapply for the EAD or she can stay based on the pending COS to H4. 3. No crystal ball. COS to H4 is merely a status change and implies no petition approval. She can leave and return with the H4 visa any time and show your H1 petition approval to come back. 4. See 3. Nothing called applying for H4 from India unless you mean an H4 visa stamp.