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xfitter

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About xfitter

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  1. I am seeing this link in murthy site, but this is dated 2008. Have things changed? http://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/ Experts/murthy attorneys, can you please comment?
  2. I have AP and EAD valid until Oct 2015, based on pending EB I-485. My H1B petition is valid until June 2016, however my I-94 is valid only until mid-September 2015 due to my Indian passport expiring in Sep 2015. The H1B visa stamped on my passport already expired in Sep 2013. I would like to travel to India in Dec 2014 and return to US in Dec 2014. I will be in India only for five days, so I don't have the time to stamp H1B visa. I would like to use AP to return to US. My question is that if I use AP to enter US, would I have to work on EAD henceforth or would I be able to continue working on my H1 status even though I used AP to enter US? Please let me know. Thank you.
  3. xfitter

    H1B-->EAD - question regarding status

    Thank you very much for the quick response, pontevecchio.
  4. xfitter

    H1B-->EAD - question regarding status

    My wife is on H1B (>6 years based on approved I 140) valid until march 2016. Recently she got EAD/AP combo card valid for 1 year, based on pending I-485. She filed AOS as my dependent. She wants to change her job on EAD. She hasn't found another job yet, but wants to quit current job. Should I worry about her being out of status or any such issues while she has quit her current job on H1 and not started another one on EAD? Will she be accruing any unlawful presence in this period? Any advise is greatly appreciated. Thanks.
  5. xfitter

    EB3 to EB2 - Same Employer

    Yes, it's possible to do an EB2 for a position in the same company using the experience within the same company, but not for the same title as you did your EB3 for (if you want to port your Priority Date). This is assuming your experience in the company in US counts towards the requirement for the new position and that your new position is different from your old position in terms of job duties by 50%. You need a qualified attorney to review the situation - job duties of both titles, requirements for the position (viz alternative requirements in ad if any. eg. if ad says Bach + 5 yrs OR Masters+X years, make sure SVP years are equal for Bach+5 and Mast+X) etc. Your HR may be required to provide the attorney a breakdown of job duties for each position and the percentage time allocated to each tasks (to evaluate a 50% difference). You also need to individually do a thorough research and not be satisfied with answers until you see light at the end of the tunnel. I'm certain you will get "It's not possible" and negative responses from several quarters (HR/attorney/even this forum), but do not give up. Be persistent and ask questions until you find the answer you want to hear. You would also need the research to "educate" few people in this journey. Good luck.
  6. I haven't corrected the date and am going to let it go as is. I will update this in case there is any related issues.
  7. I apologize if this has been posted before, I searched and could not find any similar posts. This is regarding my medical form I-693. My PD is current in July bulletin and am getting ready to file AOS. I got a sealed I-693 and a copy of it yesterday from the civil surgeon and have a question on the dates printed in the form. Part 2. Summary of Medical Examination - Date of First Examination = 06/17/2014. Part 3. Civil Surgeon's Certification - Date Signed = 06/17/2014. The Date Tuberculin Skin Test (TST) was applied is 06/17/2014 and Date TST Read is 06/19/2014. Is it fine to have Civil' Surgeon's Date Signed as 06/17/2014 when the TST follow up was actually done on 06/19/2014? Would that not indicate surgeon pre-signed the I-693 before verifying TST results? The test was negative, so no further action was needed. Is there any cause for concern here that I should get Civil Surgeon Date Signed corrected to 06/19/2014? It's an easier fix now than possibly get an RFE. Your response is deeply appreciated. On another note, the surgeon's office had sealed the envelope with date 06/18/2014 which I made them change to 06/19/2014, as the TST follow up was done only on 06/19/2014. I did bring the concern about Civil Surgeon Signed Date to their attention, but they said we have given like that in the past for all cases from here, and no one ever reported any issue. Thanks!!
  8. Don't know your situation, however, read this: http://forum.murthy.com/index.php?/topic/61983-h4-rfe-overstayed-in-usa-for-more-than-180-days/?hl=tunc#entry236361
  9. xfitter

    H1B visa stamping after transfer

    I had a similar question earlier this year and was advised I would not be able to go for stamping in India unless the interview is within 3 months of expiration date of currently valid visa. I was within the 3 month period during my visit to India, but did not go for stamping. I returned with old valid visa and new employer's petition valid until 2016.
  10. Assuming you qualify in terms of education and experience to match requirements of Solution Architect position, yes, you should be able to file in EB2 demonstrating your progression within the company. It may be ideal to begin the GC processing after you start working in the position of Solution Architect. I have seen an EB2 porting case recently (Bachelors+5 yrs progressive experience) which has been successful so far up to I 140 approval, and waiting for PD to be current. Review your case with a good immigration attorney such as murthy, and you should have success. Good luck!
  11. Crimes Involving Moral Turpitude.
  12. I don't think it's true that you can't get promoted if employer files for GC. If you are currently on H1, and you start GC for your current position, and then you get a promotion, employer certainly should amend your H1 for the new position, and employer can continue GC for the old position, as long as the employer can offer you the old position (for which GC was filed) upon receipt of your GC. There is a practical difficulty here, going back to an old position when you receive your GC. Also, after promotion, your employer can start a new GC processing for the new position, while retaining the PD from your old filing (if I 140 was approved for it).
  13. xfitter

    Switching company After I-140 is revoked

    Yes, you should be able to recapture your PD.
  14. xfitter

    New Employer after I 140 approved

    1) If your present employer is fine with keeping the GC case open, I think it's okay to change employer, as GC is for future employment. But do not just assume your current employer will continue your GC processing just because your new employer is a big client of your current employer. Also, I think it's considered fraud if you have no intent to work for the petitioning employer - am not sure - I remember reading something similar in this forum. And you may face questions/issues if you are planning to naturalize later. 2) I believe you can file I-485 if your current employer still offers you the position - you would need EVL from current employer. 3) Your 6 year term would be complete only in 2015, and it looks like your PD is < June 2011 in EB2. You can get 3 year extension whenever you transfer based on approved I 140, as long as your PD is not current at the time of transfer, and approved I 140 is not revoked. If your new employer doesn't get an approved I 140, and if your old I 140 is revoked or if your PD does not become current before your H1 expires, you would have to leave whenever that H1 expires. Please consult a qualified immigration attorney to confirm. My opinion above is just based on reading this forum for last several months. :-)
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