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SambaShiva

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About SambaShiva

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  1. SambaShiva

    H1 extension with approved I140

    Employer B should get 3 years as well. Usually, the extension dates are dependent on the LCA validity dates. But, some times for consultancy companies USCIS gives only 1 year extension. If Employer B is a full time opportunity, I don't see any issues with H1B transfer/PERM etc. Make sure, you work closely with HR and immigration attorney at Employer B.
  2. SambaShiva

    H1 B transfer reciept notice

    Did Company B file H1B in premium processing? Did Company A withdraw their H1B petition?
  3. SambaShiva

    H1 Denied - Company planning to file a Lawsuit

    My 2 cents.. You should file for a new H1B in premium processing with consular option. (if approved, you have to go back to India and get a new visa stamping) Since you have a valid I-94, but your I-797 is revoked..you can stay for few weeks while your new petition is being processed.
  4. SambaShiva

    H1B Regular or Premium Processing

    I'd suggest go for Premium. These days, USCIS is taking a closer look at wage level, education background etc. You never know, what new rules/memos they will pass in the near future.
  5. Premium or Regular processing doesn't effect the decision. It all depends on the supporting documents provided and the merits of the case. Seems like yours is a Specialty occupation RFE. If the job description/advertisement says it needs Bachelors in CS, you should be good (since you have CS background). Did you submit Education evaluation and Experience letters?
  6. SambaShiva

    H1B New Changes in consideration

    Even if this happens, here are my thoughts.. After going through AC21 passed in 2000 https://www.uscis.gov/ilink/docView/PUBLAW/HTML/... Here is my understanding 1. Trump admin may change the interpretation of giving 3 year extension for approved I-140 (and that too only after rule making process) Here is the section in the law passed by Congress Section 104 (C) (2) (2) is eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs, may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision made thereon. 2. They CANNOT stop giving 1 year extension for approved LABOR or I-140 Here is the section in the law passed by Congress Section 106 (B) (b) EXTENSION OF H-1B WORKER STATUS- The Attorney General shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien’s lawful permanent residence. Look at the word "may" in #1 & "shall" in #2 So, You may not be able to get 3 years extensions, but should be able to get 1 year extensions. Mind you, Changing the rule for 3 year extension by itself could take years (there will be court cases etc). I am sure, people will file court case saying why are you re-interpreting the rules differently now, what changed etc.
  7. SambaShiva

    H1B New Changes in consideration

    So far it seems like a rumor, but quite a few Immigration attorneys have posted blog posts talking about this
  8. If your I-94 is still valid, you can file a new petition. If your I-94 expired, you can still a new petition but request with consular processing
  9. SambaShiva

    H1 Transfer Advice

    I'd recommend you file for transfer. Make sure your new employer provide good supporting docs for H1B transfer. Also, make sure your new employer will start your Green card process immediately. Just, Don't tell your current employer till H1B transfer is done!.
  10. Did you already join the new employer? If not, just continue with current employer, go to India and join with the new employer after coming back. Also, Do you have a valid visa stamp?
  11. SambaShiva

    H1B Transfer after I140 Approved.

    You have to restart GC again (New PERM & new I-140), but you can retain the priority date even if your old Employer withdraws I-140. I read on forums that, Some people successfully ported their Priority date while filing for new I-140 and some while filing I-485. Only scenario you will not be able to retain priority date is if USCIS revokes I-140 due to fraud!
  12. SambaShiva

    Green Card: Going back to previous employer

    If Emp A did not withdraw your I-140, After transferring H1B to Emp B, you don't have to restart GC. If Emp A withdrew I-140, you'd have to re-start GC process again (new PERM & I-140) but retain the Priority date.
  13. SambaShiva

    H1b Transfer With New Employer

    You can, you'd have to do a "bridge petition" (google that term)
  14. Also, you can ask them put a future date (2 weeks from filing the transfer)
  15. SambaShiva

    H1 Extension approved for only 2 months

    Seems like an error. Do you have same dates on I-797A and I-94? Ask your attorney to reach out to USCIS.
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