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Everything posted by kattu786

  1. Hi, Currently I am on H4 Visa and I have I-94 valid till 10th Aug 2013 , Visa valid till 31st July 2013.My H4 extension has been filed on 5th July and is pending.My question is :- 1) If I get a job and employer is ready to do H4-H1 can it be done after 10th Aug (considering that h4 ext is still pending) or I have to wait for H4 extn approval? 2) If COS can be filed after 10th Aug then am I right in saying that H4 extension application needs to be withdrawn (if H1 approval comes before) ? 3) If COS h4-h1 is filed and is rejected do I fall out of status (my h4 extn has already been filed)?
  2. Hi, My perm was filed in April this year.I was a senior software engineer that time.Now in July I might get promoted to next level (i.e master software engineer). i want to know :- 1) Implications of this on the pending perm. 2) what are the options i have. my 5th year ending date is Nov this year.
  3. kattu786

    H1B issued for one year only

    Recently I applied for an H1B transfer from Company A to Company B.The transfer got approved but with an RFE.The petition got approved just for one year only..... When I asked the attorney she told that they requested for 3 years but there is a recent trend that for RFE cases USCIS is granting the petition for one year only....Is this really happening My understanding was that CIS will issue the visa for the number of years petitioner asks for.Mine is not the case of a vendor-employee but I would be working as a FT employee
  4. kattu786

    H1 stamping

    The stamping doesn't depend on the consulate.If you have all the necessary paperwork/docs you need not to worry.
  5. kattu786

    COS H4 to H1

    your pay stub ? In case of H4-H1 COS , you can not work until H1 is approved and paystubs are not required from beneficiary.
  6. kattu786

    H4 to H1 COS without paystubs

    My view was that a COS is only granted when I have been maintaining status in US.A couple of years back when I did a L1-H1 COS paystubs were required.Since my status is dependent on spouse , I thought they would verify her status via paystubs.
  7. kattu786

    H4 to H1 COS without paystubs

    Hi, I am currently on H4.Recently an employer has filed cap-exempt H1 petition for me but the attorney didn't ask for my spouse paystubs .I have two queries :- 1) Can this lead to an RFE (asking for a valid status proof) 2) Once the COS is approved , is it mandatory for me to join on the same day or as per the 30/60 rule, can i join with in 60 days ?
  8. kattu786

    H4 to h1 Transfer

    Well..there is nothing as H1 transfer.An employer can file a cap-exempt petition for you using the old cap number and you will get 6 years minus the time you spent in US on H1.If you want file a cap subject petition you will have to wait till next yr when the quota opens and you will come under masters exemption.
  9. kattu786

    H4 to H1 COS, probable issue

    I think u would be ok.
  10. kattu786

    H1 and L1 duration

    The visa will be stamped depending on the petition.However , the max duration you can stay in US on H1 is 3 years since you have already spent 3 years on L1. If you take a year gap and go for stamping the situation is the same.If you want to get 6 years the petition should be filed at least 365 days since your last exit from US.
  11. kattu786

    2007 Quota H1B

    Yes , Employer can file a cap-exempt petition for you.Employer would be needing your old I797 with other relevant documents like your educational transcripts.Since you are in India you don't need payslips.Once the H1 is approved you have to get it stamped and travel.
  12. kattu786

    Query regd. Salary when working remote from India

    1) You can expect that but I don't think it will be usual. 2) He can pay you in USD if you are not in US.Obviously, you have to take care of tax calculations.I think you have to stay India till Feb. 3) For this you have to discuss with the employer.
  13. If you have not received any intimation till now , there are more chances of not being selected in the lottery.Talk to your employer.
  14. I don't think there should be any issues.Carry all the relevant docs so that you can present them if asked.
  15. I don't see any issues.You can travel.You status will change effective 1st Oct 2014.
  16. A - Yes , you can ask for H1-B from C. B - If your spouse has a valid I-94 you don't need to ask her for her extn from B or C.But its good if you apply her with yours. C- Yes
  17. kattu786

    H1-B quota

    Going by above information..Any employer can file a cap-exempt petition and it basically be a COS from H4 to H1.She is good to start once her H1 is approved
  18. kattu786

    Duration of stay calculation on H1B plus L1B

    1. Yes 2.The gap should be 1 year from exit to H1 filing date not from the date of next entry.
  19. kattu786

    forgot to attach new i-94 with H1b documentation

    Most probably , you can get an RFE and then you can provide the employer with your i-94 and they can respond back.
  20. kattu786

    H1 B transfer without petition number

    Was this petition approved as COS ? I think to sponsor H1 from a diff employer you at least need receipt no and preferably I797 copy.
  21. kattu786

    H1 Transfer reject previous H1 status

    It remains valid.There is no effect on your current H1.
  22. kattu786

    Maxout for current H1 visa

    No.you will get 6 years - your L1 stay. H1 was filed before 365 days were completed of your US exit.
  23. Hi , My friend had the following situation H1B petition valid from 1 Oct 2005 - 15 April 2008 1st visited US : 13 Mar 2006 - 31 Aug 2006 Again visited US : 26-Aug-2007 Visa Ext applied valid from 10 Apr 2008 - 08 April 2010 Left US: 02-Aug-2008 A new L1B petition applied valid from 09 July 2010 - 08 July 2013 Visited US on L1 on 6th Feb 2013 and I-94 is valid till 2016. On the previous H1 almost 17 months were spent and on this L1 two years have already been spent.I think that the cap exempt petition can be applied in this case to use the remaining (6 - 3.5 = 2.5) years on H1.My query is 1) can it applied anytime or 2) Should it be applied with in 6 years of H1 approval (i.e 10 Apr 2014)or 3) should it be applied with in 6 years of beneficiary maintaining H1 status(i.e 02 Aug 2014).
  24. kattu786

    existing H1b or new H1B

    An employer has to file a new H1 for you which will be subjected to cap.So H1 can be filed anytime after 1st April till the time cap is reached.
  25. kattu786

    L1 to H1B

    Yes it will be valid till April 2015.However , if you go for H1 stamping (once it is approved), quite likely they will cancel L1 visa.