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About care_candidate

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  1. care_candidate

    H1B - Taking a break between two Jobs

    Another problem with what @rohit369 said is that when you make another trip outside US, you will have to do stamping for employer C too.
  2. Yes, you will be considered as out of status. Unless you have something permanent or special condition, you should never have a single day gap. This may haunt you forever during any application you make for immigration and lower your chances of approval. You will have to find the way to avoid it. You can explain your situation to employer. Also, have you received just a receipt notice I-797C or an approval in the form of I-797A or I-797B? If you haven't received one of later two, it is not approved and switching employer is not allowed as you I-94 is expired too.
  3. I-797C has not meaning - it is just receipt. I-797A and I-797B are approvals with I-797A has I-94 attached at the bottom. Your stamping will be based on I-797A approval that is valid till 2021. Your wife also need to accompany with you for her H4 visa. Both stamping are mandatory to enter US.
  4. care_candidate

    Am I eligible to apply for I-130 ?

    I posted this question in incorrect forum before; Please try to answer here. I want to start Green card process based on my spouse's Green card. Currently I am Doctor on H1B visa. I had J-1 visa prior with 2 year home residency rule. Currently I am just six month into that 2-year rule. Am I eligible to apply for I-130 or I have to wait till I finish 2 years?
  5. Your last statement is not true. WHen they "approve" H1b, if you read I-797 carefully, it says this is not a visa. A visa to USA, can be only obtained outside US, in normal circumstances. This is applicable to extensions and change of status also. At Consulate, you are expected to go through formal process of application and/or interview. There are different departments related to approval and admission process. USCIS: Adjudicative decisions performed at the service centers (Formerly INS) CBP: Admission at port - Border agency of DHS DHS: Protect US within and borders and more Consulate: Work with US and foreign law enforcement to combat international crime; And issue visa
  6. Everything you said is unequivocally true!
  7. I want to start Green card process based on my spouse's Green card. Currently I am Doctor on H1B visa. I had J-1 visa prior with 2 year home residency rule. Currently I am just six month into that 2-year rule. Am I eligible to apply for I-130 or I have to wait till I finish 2 years?
  8. care_candidate

    advise on NRI

    What do you mean by "I'm confused about choosing him." Is he related to you in any way. This kind of third party rhetoric won't help you get answers. Just explain what is your situation and how/why are you relating too much with this person and then ask question.
  9. care_candidate

    1 94 extension while location change amendment is is RFE status

    a. Have you renewed your passport? If yes, then when you travel before I-94 expiry and return you should be fine. b. You can change employer but you need to go through all the work before that. By that I mean apply for new H1b, I-797 and all the necessary paperwork. Going to back to (a) if you change employer to B with new I797, you need new stamp with employer B on your passport. Also, if you apply for new H1b for new employer B, and received new I-797A (I-797A has I-94 attached at bottom), then you can leave country with no issue, provided that you have new passport.
  10. care_candidate

    I 485 filing query

    None of them. Unfortunately at this point you are not eligible. Click on link below. https://www.uscis.gov/visabulletininfo This is where you need to check whether you can use "Date for filing" chart. According to March 2019 bulletin, employment based candidate must use "Final action Date" Chart. And, per "Final action date" chart, you are 10 month behind. FYI: It doesn't mean your date will come in 10 months. It could be more or it it could be less. Most likely it will be within next 2-3 years.
  11. care_candidate

    Green Card Process

    To apply for Green card via employment, you have to have employment and have approved PERM to go beyond 6 years of H1b. Your immediate first task is to find employer who can file H1b. Now as you are laid off, your clock started and you have finite number of days before you leave US, otherwise you will become out of status. Once you find that job, without any further delay your employer has to start green card process and finish PERM, which usually takes about a year, many times more than that. It looks like you are out of time for this to happen. Also, finding such employer do do this is difficult to great extent. It is clear that your intention is to stay in US for long time and many employer would like that but irony is that that cannot be your intention when you start your H1b job. I suggest you hire an attorney and explain this.
  12. care_candidate

    RFE on I485 for expired I-693- Clarification on Supplement J

    Yes; I-485J are mandatory nowadays for employment based GC.
  13. @Disturbia There are people here who have waited more than a decade. EB-2 India is one of the worst category to be in and EB-3 is close second. People visit visa bulletin each month for years and try to estimate when their own date will be current. We all know the risk of going for stamping and despite the fact that H-1b is intended for maximum of six years, people stay at that status for more than 15 years. It is not uncommon to complain about your situation but get this that there are hundreds of thousand people similar to yours. In your case, for PD=2012, my estimate is that it will be at least to 3-4 years to become current - Hard to swallow but it is not far fetched. Having PD too old is not the only factor that affects here. There are thing such as number of candidates with you, resources available, political will, elections...and many more things that you have no control of even you are suffering. Nobody forces candidates to work or stay and wait; it is your best choice you opt.
  14. care_candidate

    J1 waiver completion letter- required for H1B transfer?

    You need to explain more. You have J-1 waiver with 2 year rule and H1b together? Are you not working as hardship job? What is your intention?
  15. care_candidate

    Is AOS interview mandatory filed in 2012?

    No, only for August 2017+