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Everything posted by hmaster

  1. hmaster

    H1B Visa posibillities during Covid19

    Effectively “100% impossible”!
  2. Extension can be filed under emergency. Corona is a global emergency. I would certainly not risk my parents lives. Can surely consider extension. Apart from the risk of infection itself, they could be quarantined at the airport for 14 days.
  3. hmaster

    B2 travel after 221g

    you mean you have a valid b2 when you applied for H1? If your b2 visa foil is not yet cancelled by consulate, yes you can try and take a risk. When at POE it's pure luck - I would say 50/50, I am just trying to imagine what the POE Officer is going to ask you. Sure he knows you where there just before on H1. So the first question he is going to ask you is what's your purpose of travel to US. What are you going to say? You can say tourism (even if true), is he going to buy that? If you are going to say "take care of apartment and to dispose other stuff" he may or may not find this consistent under B1/B2 classification. It's all pure luck. The problem is that you were on H1 before - its very easy for him to suspect that you might sneak in and apply for COS. Even a doubt in his/her mind is enough to assume immigrant intent and he may revoke your B2 based on that doubt/indication. If he revokes it, you will face issues with future visas cos such revocation could potentially be done under visa fraud category. Again don't find this discouraging, its just pure risk/luck and Poe's Offs perspective on the matter.
  4. hmaster

    H1B travel after 221(g)

    Generally they stamp the old foil with "cancelled without prejudiced" stamp. If you ask the passport back and find that they have kept it intact, you can try that trick, may work if you get lucky. There is no way POE would know, but if they ask questions be prepared with a logical answer to give. Usually when you appear for a new US visa, as a practice, all active visas in your passport are termed cancelled.
  5. hmaster

    h1b approved only for 40 days

    Why would you risk stamping if you have only 45 days whats the point? If you get 221g it could take 2-3 weeks anyways. Find a new job and reapply for a new h1 hoping it gets approved for a longer duration.
  6. hmaster

    O1 visa_Vancouver 221g

    1. O-1 is not one of the routine visas like H1 or B1 - so you could have expected that you will get stuck. 2. Email the consulate requesting passport back - normally they will give you a token via email to collect it from the consulate. 3. Your B1 would have been already stamped as cancelled by them. Even if they don't cancel. I think once you apply for a new visa its automatically termed cancelled. Assuming its not cancelled and you try and use it, the POE could ask questions about your trip to us. If they suspect that you are returning just cos you didn't get your O1 and you are using B1 to sort matters or return to your employment (not just a visitor), they may cancel the B1 under visa fraud. I understand your pain and frustration. Its your back luck and you are not the only one. One doesn't anticipate these hardships coming out way sitting in the US, its only when you are stuck. I would say just wait it out for a few more weeks and then you can return to your home county eventually and return once processing is completed. Ask you relatives/friends to vacate your apt in US.
  7. hmaster

    Leave-No pay H1 stamping

    if they ask you, will end up getting stuck in 221g for months and case referred to USCIS for pay violation. So either get 6 months continuous pay stubs or avoid stamping.
  8. hmaster

    Leave-No pay H1 stamping

    During stamping there are 95% or more chances they will ask for recent pay stubs. Maternity leave has to be fully paid for if you were in US on H1.
  9. hmaster

    OPT or H-4 EAD - which is better option

    not a rumor but "....talk among the government officials for now." coz the matter is under litigation - but as your know in the current climate - just about anything could happen anytime - so one has to take a risk anyways. No one option is safe. Its about what works best for the moment given the situation.
  10. hmaster

    OPT or H-4 EAD - which is better option

    Did you read the latest Murthy breaking news article? OPT EADs wont be allowed to work off site, so if your wife intends to work with a consulting firm this may be an imp consideration. H4 EAD until rule rescinded, is a relatively safer option for the interim.
  11. hmaster

    Passport status confused - 221g AP

    Just patiently wait. 221g are very uncertain as to when they resolve, could take a couple of months to a year or more based on what they are doing on your case. If you need to travel you can ask your passport back by emailing the consulate.
  12. hmaster

    LCA wage is higher than actual wage

    Only option is to wait and watch what they say or ask for.
  13. hmaster

    LCA wage is higher than actual wage

    Should present a problem for you. LCA has min wage.
  14. hmaster

    RFE Declined today- Can we do h1b Transfer?

    What do you mean by RFE declined? Did you get NOIR or H1 Revoked? Irrespectively, 1. Can that company initiate H1B transfer when my RFE is declined and I don't have valid I94 too? We call it "transfer", but it's actually as new petition. Yes you can file as many. 2. Is there any problem that company need to face for the H1B transfer for me. Yes. There is a problem. You are technically out of status as of the day of denial. Don't acquire too much un lawful presence as you will attract a Ban on entry. Best is to file another petition. You wont get a I94, but you can exit and reenter with new I-797 and get a new I94 at POE if you have a visa. If you don't have a visa then you need to go for stamping.
  15. You can't have dual status in US i.e. you can't be in H1 and then also have a parallel extension sought for L1. When you COS'd to H1 your L1 ext. is void. It's just that they have not gotten to it as you may not have filed premium. Once they see it they will deny. If you are currently on H1 then yes you can transfer to another company provided they file a cap-exempt petition. This is basic stuff.
  16. hmaster

    H1B Extension for IT project Manager

    I know a couple of people that got it with exact TPM title, just need to make sure the TPM job responsibilities are stated with tools used in the job and explain how technical they are. Example you work on or manage apps that require you to use or understand SSIS or SQL or any other technology, subsequently then identify courses in your SE degree that relate to those tools. Example: The BE course in "computer programming" has helped the candidate acquire the required knowledge to perform the following duty: Duty: Use SQL/programming to create or manage reports and so on. The above is just an example. You will have to draft your reply accordingly based on how technical your PM role is.
  17. hmaster

    H1b Amendment Change of Location System Analyst

    Yes. Even an amendment is scrutinized from scratch these days. Something that got approved can get denied based on adjudicator. Amendment is required in case of a USCIS site visit, if you are going to be 100% remote and never going to use the original site mentioned.
  18. hmaster

    H1 Stamping in Vancouver steps

    Steps are simple: 1) Canada Visa (Coz you need this info on DS160) 2) DS160, H1 Visa Fee & Book a date 3) Travel to Canada 4) Attend H1 Stamping; either get Visa or 221g 5) Return to US if lucky or stay in Canada or return to home country.
  19. hmaster

    Wrong Information in DS-160

    Don't panic. I to my surprise, I had entered by DOB in incorrect format in DS160 - I normally always verify don't know how it happened. The lady at the pre-check counter asked me what up with that? I said it must be a typo and she overwrote it on the DS160 on her end and said you are all set. In your situation its not a major demographic error. I would say just ignore it and if the VO asks you specifically that question again say that it was filed, and if he/she asks why not stated on DS160 just say that thats a mistake.
  20. hmaster

    H1B Stamp vs I797 - Different Employers

    Yes. Typo, sorry. Thats exactly what I meant. A valid H1 stamp can be used with any valid H1 I797. Show your new I797 to get a later date for I94. Sometimes officers might still defer to visa date to set I94 expiry, you can politely request/explain.
  21. hmaster

    H1B Amendment - Speciality Occupation RFE

    1) Nothing's safe in current times, but to answer your question, technically yes you should be able to return. Generally a COS is considered abandoned once you travel. For Extension or amendment - if it's resolved before you come back you can use the new i797 approval to re-enter, someone will have to mail you the notice while abroad. Complication will arise if it's just approved; but you re-enter using the old one. Last action rule will technically invalidate the old I-797. 2. For EVC model - For anything including, even a minor amendment, third party placements are heavily scrutinized these days so I would say your chances are 30/70.
  22. hmaster

    My H1 visa got 221g from chenai visa consulate

    Asking you to give a written declaration at the interview doesn't sound like a good sign for you personally. Do you think you mis quoted anything about your india Trip to the VO? At best, make alternate plans like finding another sponsor in US and re-apply.
  23. hmaster

    H1B visa stamping-221G and work from India

    Couple of scenarios for you here: 1) If you get your visa soon i.e. in < 3~6 months total and money was paid to your US account and you never got it to; or withdrew it in India. Then you can just file taxes directly in US and risk ignoring filing taxes in India. This is a reasonable risk as you would be under 6 months and you aren't considered as a Tax resident of India. 2) If you are stuck for long i.e. closer to 6 months. Then you have complications. First, IRS is going to expect taxes from you as they don't know your location. For them you are still in US as your employer would be paying you in your US account. If you want to play this safe ask your employer to convert and pay you in your India account. If this is possible then you are just looking at paying taxes in India as an Indian resident. If this happens then your employer is not paying you in US and not withholding taxes with IRS on your behalf, so then IRS is not concerned.
  24. Do you think they will reject the Premium package as there is already an RFE? NO Or if the documents provided with Premium if is sufficient, will make a decision? YES
  25. hmaster

    H1B Stamp vs I797 - Different Employers

    Not required and you are right, "can travel with the Employer B stamp on passport and show I797 from Employer B at re-entry"