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Jyothis

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Everything posted by Jyothis

  1. Jyothis

    H1B & I140 Job Positions

    Your Green Card processing and H1B are independent of each other. GC process is based on a future employment, so you need not really worry about that. for your H1b, work with your companies attorney when it needs extension to properly file with where you are at that point.
  2. Jyothis

    H1B Visa Stamping Ottawa

    Thanks for sharing!
  3. Jyothis

    H1B AMENDMENT - EMPLOYER MOVED WITHIN SAME MSA

    It is probably better to consult an attorney and decide this than asking here IMHO. It may be better to file the amendment as the physical job location will be moving, but check with an attorney on that. As for DS-160 filing, it may be better to consider what the employer address will be at the time of interview.
  4. Jyothis

    H1b role change

    As long as your employer works with the attorneys to properly follow procedure and file the required amendments, there is no issues with switching roles.
  5. Jyothis

    H1 B RFE - Denial

    You should be able to switch her to H4 since you have an H1B. if she did not get her status changed or applied for an extension of visa, she may already be out of status. I would recommend working with an attorney ASAP to make sure you get ready for whatever step is needed to be done by the time the decision comes. Better to be prepared than not. Best of luck!
  6. Jyothis

    GC Initial status

    >I heard that they have to start apply labor before 365 days means before April 2016 . Not necessarily. Thats an option for 7th year extension, but as long as your 140 approves before your visa expiry, you should be fine. >Do they need to wait 3 months for advertisement? Yes, there is no shortcuts there. > What if they apply in May / June 2016 ? See question 1. What if the labor approved by December 2016? Good for you - See question 1.
  7. Jyothis

    Parents self-sponsor visa question

    B2 is really self sponsoring the visa. Its mostly not about just bank account alone. They have to show that they have substantial assets and connections back in India that can support them on the visit and causes them to go back. They can get a Chartered accountant to prepare an asset statement to show what they have. If you have good enough balances in your bank here, you can offer to cover the expenses in a letter.
  8. Jyothis

    Re-Visiting to USA in <6Months on visitors visa

    Really depends on the POE officer whether they want to question something or not. If s/he is concerned with the frequency, I would say they can ask questions.
  9. Jyothis

    H1B Transfer-Urgent

    You paying for H1 is illegal - employer should have paid all the expenses for it. Contact an attorney ASAP and evaluate your options.
  10. It is always safer to get an International Driving Permit (IDP) from your local Motor vehicles department. I94 is no longer attached to passport - you can print online after you land in US. Since you are visiting, at least a copy of your passport is good to have with you. do note, the driving is on the opposite side here and laws are much stricter. Follow the speed limits (and some states haveDO NOT attempt to bribe a cop if you are stopped - no joke, I have seen folks try that while visiting and getting into an even bigger hole than a minor violation..
  11. Jyothis

    H4 visa and husband treatment with her...

    Your best bet is a family court lawyer to settle things out. First, discuss with your family and gain support for your situation and then speak to the lawyer. Indian laws can protect you and he can be made liable for his actions. best of luck and as others noted above, this is not the end of the world - you are qualified, you have some experience in professional life and your will is your way. Shoot forward my friend and NEVER give up.
  12. Jyothis

    Urgent please H1B Extension Chances

    Since your PERM was filed 365+ days prior to the expiry of your 6 year quota, either your PERM has to be pending adjudication by the time you reach your 6 year cap or you should have an approved 140 by then to get your visa extended. Always have a plan B and prepare to exit the country and re-enter once you have an approved 140 and H1b extended in the worst case scenario. Save up some money by then to account for expenses if need be. There is always a risk when you enter into GC process at the last moment. Best of luck.
  13. Jyothis

    Bonus/Gift Cheque from from vendor company

    Technically, your Client /Vendor can arrange it as a bonus payment via your employer. As JoeF said, you should not take that check directly.
  14. Jyothis

    i-140 and EAD query for H1B

    (a) If I change my job ( different employer ), what will happen to my approved I-140? One of two things can happen in the most cases - your employer who filed it can revoke it or just leave it alone. I think if it is not revoked for fraud reasons, you can still use the priority date for your next GC process. (b) Can my wife continue to work with EAD she has now or should stop working? I think she should be able to continue, but best checked with an attorney. © Does the new employer have to file my GC petition again? Yes, under the current laws, your new employer will need to re-file from scratch. However, you may be able to retain the priority date of the original filing, so you shouldn't lose your position in the long queue. (d) Does the new employer can file in EB1 category? If you and your offered position qualify for it, sure. http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1
  15. Jyothis

    H1b transfer / cap exemption

    I think you should be able to - check with an attorney or ask your potential employer to check with their attorney.
  16. Jyothis

    H1B Visa - General question

    She will need to go for stamping once she goes out of country.
  17. Jyothis

    Successful visa stamping in Tijuana

    Thank you for the update!
  18. Jyothis

    PERM process by NEW EMPLOYER

    GC is based on a future job offer and not current and I believe they will need to go through the whole process as mandated by DOL.
  19. Jyothis

    I140 and Change of Jobs

    Thats a draft, and not a rule yet. It may take a indefinite / significant time before that comes into play. You will need to have a new petition filed through your new employer at this time. PWD is calculated by the combination of location, job availability and currently offered salary for that position at the point of time.
  20. Jyothis

    Engineer to Manager promotion

    1.) Question is, considering I take up the promotion, should my H1-B amendment LCA be filed under Biomedical Engineer (as my Master's is in that field) or as an Engineering Manager / Manager, all others ? Depends on your JD, but most likely as a manager and not an engineer. IC and manager roles are two distinct functions with different responsibilities. 2.) And subsequently, how should it be done for GC application ? You will need to file for the new position and if you revert to an IC role, you will need to re-file all over again. 3.) Considering that I do not have an advanced degree in management, would it lead to any issues with H1-B amendment or GC ? Not necessarily, but you can get a good attorney to review your situation before proceeding.
  21. AFAIK, PD can only be used from an approved Labor - find a better employer.
  22. Jyothis

    GC - EB2 - Experience Requirements

    >>To file GC under EB2 category I would need BS + 5 years of exp. This is only a general guideline - what determines your EB level is not your resume years, but the requirement of the position you filled in. You could have the BS + 5, but still end up in EB3 if your Job description does not fit an EB2 bill. Your attorney can advise you where you fit in correctly.
  23. Jyothis

    I140 approved - travel to India

    No problem in traveling with an approved 140. Just get your new visa stamped and come back. Enjoy your time in India!
  24. Jyothis

    What happens if I get promoted

    If your job duties change by more than a certain percentage as a result of your promotions, you would need to re-file for a fresh GC based on your new job duties. So, going from a Technical (Individual contributor) role to people manager role will trigger a re-file in most cases because your approved 140 was not for that function. It is very well common in large companies to end up in this situation.In most cases you can port your PD without issues. I would suggest focussing on your career growth and ability to bring in more money over being worried about paper work. Attorneys and companies can worry about it and they are paid for doing that. my 2 cents from personal experience.
  25. Jyothis

    H1B - GC - TIMELINE

    My employer says i have a 95% chance of my I 140 approved before 17 DEC 2016 with premium processing of I 140. May Be. Really depends on how lucky you are and strong your case is. I myself have done worse than that in the past (changed employers with less than 10 months remaining and extension was filed just days before expiry), but I wouldn't recommend that to anyone else. If i fall in the 5% category, and have to leave USA, can i come back to USA when my I140 gets approved? Correct. You would need to get the H1b extension approved based on the 140 approval If a new H1 is applied, Do i need to go through a fresh H1 application, exempt limit etc...? Not sure if you are referring to post 140 approval or starting a completely new one with someone else here Overall, follow an attorney's advise.
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