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Everything posted by Chitown01

  1. Chitown01

    H1B expired, extension filed, going on vacation

    If you travel outside while petition is pending, you extension of stay is considered abandoned....i.e. they will approve the I-129 petition with Consular Processing....You will need to get stamping done before re-entry.....There is no set time frame on how soon you will hear about approval..... 4-6 months for regular processing.... if you have deadline, you upgrade your petition to premium, you will have update within 2 weeks
  2. Chitown01

    H4 to F1 to H1

    Wrong Forum !!
  3. Chitown01

    Lost i 797 & i94

    you should have a copy of it... or your employer or your attorney... Contact your attorney to request a duplicate copy of the approval notice.... Its a nominal fee for the application, however, it might take sometime for them to re-issue you a new one
  4. As JoeF mentioned "This is the age of computers and databases, in case you didn't know. All consulates have the same information. And they are getting smarter and stricter on Consulting fraud...
  5. Employer has to control your day to day work activities. He should tell you what to work on and how to work on. You have to report status of your work to him... Send status report... Weekly status meetings.... Time Logs Email conversation regarding work assignment performance review etcc...
  6. Chitown01

    H1B amendment after RFE

    1. If it was your first time H1, and your petition gets denined you were NOt counted towards the 2012 CAP. 2. Processing time varies from center to center usually 4-6 months 3. It all depends on your case, terms of employement, Employer Employee relation and client letter
  7. Chitown01

    Visa Rejected - what options do I have?

    Are you on EVC or EC model? How can I check with USCIS about my case?: Go to their case status website, punch in your Receipt Number and they will display it... What options do I have now if its rejected?: Re-file thru same or different employer Can my employer do something about this?: Probably USCIS will have question for employer, ask them to reply OR ask them to file a NEW petition.
  8. Chitown01

    Withdrawal or Denial

    Withdrawal mean you or your employer withdrew the filed petition. Denial is USCIS or State Dept refused your visa or petition
  9. Chitown01

    H4 to H1 change of status (H1 is cap-exempt)

    What is the process to do this change of status? Same as that of H1 filling, just select Change of Status classification on Form I-129 What forms do we need to fill up? I-129 and H1 supplements What supporting documents do we need to provide? Same when he applied for H1 frist time + Documents of current H4 status Will his change of status impact my current GC processing? NO Ask them to consult an experienced immigration attorney
  10. Chitown01

    H1-B transfer case

    If its regular processing then anywhere between 2-4 months. Mostly close to 4 months. Premium processing 2 weeks.
  11. Chitown01

    Can call USCIS ...

    No, you cannot contact uscis directly...they wont answer you... your employer or attorney has to do so....
  12. Chitown01

    Employer not ready to give Federal Tax Returns for 221G

    Submit the letter.... However, chances of rejection are high
  13. Chitown01

    H1B Status

    Who holds your visa? Vendor or Employer?
  14. Chitown01

    F1 to H1 and H1 transfer

    If I transfer to another company 'Y', will it be a problem? : NO If your change of status was approved then You will receive I-94 with new validity dates, you can continue working. You dont need stamping untill you leave the country and in between you can transfer (change employers) as many times as you wish to
  15. Chitown01

    H1B - Going back to previous employer

    Yes you can if company wants you back
  16. Chitown01

    H1 transfer from Company X to company Y

    If your old employer cancels h1 and worst case your petition with new employer is denied, you will be out of status on day of denial
  17. Chitown01

    H1 and H4 issues

    There is no set time line... depends how long employer is ready to wait.. on H1 you should be paid all the time....so sooner the better but week or 2 here or there is ok I have read certain guidelines that say upto 30 days but some ppl dont agree...
  18. Your attorney shoud contact USCIS and they can fix the issue and re-issue a new one... Go to local CBP and see what they say... did u ask your attorney about it.?
  19. 1. You Cannot file amendment or LCA... Your employer or his attorney has to. 2. No fee for LCA i guess... amendment is same as that of H1 3.YES, its almost the same process with new additional information...better attorney do it.... 4. You DONOT pay any fees, your employer is liable for all the fess
  20. Chitown01

    H1-H4 number of years

    Can I go as H4 dependent after that: Yes
  21. Chitown01

    H1 transfer + renewal

    There is Nothing like transfer it is always a new petition which will be cap exempt since you were counted towards the cap in the past. If you change jobs, your new employer will file a new H1 petition with Extension of Stay (So its one thing and not two different things like transfer and renewal) and with approval it shall be approved for 3 years (unless the new employer is consulting) No additional fees, regular H1 fees
  22. Chitown01

    H1B transfer query

    2. What happens if i get a query/RFE and cannot provide paystubs for jan 4th , 5th and jan 6th. Then can i cancel the H1B transfer petition sponsored by employer B and continue working with employerA Very unlikely..... In worst case your attorney can explain that you recently started and got fully paid w.r.t company's payroll policies. DONOT OVER ANALYZE 3. If i have a RFE will that affect for my future visa stamps/H1B transfers or for my GC processing. NONE
  23. If I do get another job in 2 months, can I staill transfer the same H1 to a new employer ? You will be staying illegally in country for 2 months + Yes, a new employer can file for your H1, however USCIS will ask for recent paystubs, since you will not be working for those 2 moths you wont have paystubs, so USCIS will approve I-129 petition AND DENY Extension of stay... You will have to go back for stamping and re-enter with new stamp to start working with the new employer. Are there any other ways to stay in the US and look for another job ? Apply for Change of Status to B1/B2 You were on H1 so you are NOT cap subject, so if you find a employer tomorrow who is ready to file for your H1, they can do and you can start on approval (assuming u get extension of stay approved)