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Everything posted by Jyothis

  1. Jyothis

    H1B transfer with I140

    yes that should be ok.
  2. Jyothis

    Job changes after I-140 Approval

    Assuming you have enough time left in your H1b, your next employer should be able to file for a new GC. current employer need not file for a new GC for you to get one with your next one. Do remember, GC is for a future employment.
  3. Your employer should have an attorney that takes care of the routine extensions. Have you asked them for advise? H1 extension should be your employer's headache, so it is best to bring it up with them and seek advise.
  4. Does your wife have an approved 140? how are you planning to work on H4?
  5. Jyothis

    Greencard and Employer change

    I usually advise people to revel and worry more about opportunities and great things you could do and let the paperwork takes its own course. As long as you stay legal and yourr future employer files for it and does it right, you should be just fine. if not, you always have other avenues to look at.
  6. 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.
  7. Jyothis

    H1B Visa Stamping Ottawa

    Thanks for sharing!
  8. Jyothis


    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.
  9. 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.
  10. 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!
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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..
  16. 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.
  17. 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.
  18. 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.
  19. 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
  20. 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.
  21. Jyothis

    H1B Visa - General question

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

    Successful visa stamping in Tijuana

    Thank you for the update!
  23. 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.
  24. 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.
  25. 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.