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care_candidate

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Everything posted by care_candidate

  1. Yes, but you will still need H1b for new employer.
  2. Assuming your sister is Indian, By employment route (I-140), her PD will take about 5-10 years to become current as she already has it in the system. By family route (I-130), her PD will take about 15+ years to become current as you have not initiated application yet.
  3. care_candidate

    Approved I130-AOS-I485

    Why irrespective of priority on visa bulletin? You just have to wait till your PD becomes current.
  4. care_candidate

    Pay delayed by a month

    This will have significant consequences. Not because you didn't receive paycheck but this shows employer's inability to fulfill basic qualification for sustainable employment. Your H1b comes with certain conditions employer has to follow. If they can't it is problematic for them particularly.
  5. care_candidate

    H1B Extension Denied - Car and its loan

    How is this an immigration problem?
  6. care_candidate

    B2 visa for my mother and father to visit for graduation

    No matter what is allowed or not allowed in their own country, it is not allowed in US. Therefore there is possibility that they may get into legal trouble and thereby you too. They can try but know your and their risk in any way they do apply. This is rare situation but I am sure Visa officer and CBP officer may be aware of it.
  7. care_candidate

    h1b SSN to b1 status limitations

    1. No. You are no longer eligible to have Social Security and you should formally abandon it. 2. Read details of B1 visa. https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor 3. Absolutely not. Read #1 and #2. 4. No. If information is not clear, you should consider hiring decent immigration attorney.
  8. care_candidate

    Trying to get B2 visa for 20 yr Cousin

    Based on what you mentioned, chances are low. If you read your #2, that alone will make them deny visa. No one can sponsor visa expenses and as you mention that, it means that you are helping him get here in beginning and then because he is about to graduate, he will try to find job here and stay legally or illegally. The single most item he needs to project in his application is that he has more inclination to return back to home country than staying in US. He can show that by Strong ties in home country (job, job prospect, family, other) Have strong source of income or source in India Have less or no benefit in staying in US beyond time period. Understand that it is difficult to convince that he will return when he is about to finish education and have no further plans on doing anything there. An obvious question officer can ask that why he wants to return beyond the fact that he has family to return to in this case.
  9. care_candidate

    Minor mistakes in I130

    There is always time to do right thing. However, you will face some validity of proof issues since these are important items.
  10. care_candidate

    General Question on 485

    You will have to start the whole process from PERM, then I-140 and file for Green card with new employer. You can make request to use same Priority date. Also if you remain out of US at the time of applying for Green Card (third step) you will have to file using Counselor processing rather than Adjustment of Status.
  11. Technical documentation, milestone tables, funding documents doesn't look like actual technical work but a sideline work. For H1b, there are specific criteria to approve. As a matter of fact they all indicate different work areas Technical Documentation: Engineering? (Are you writing technical documents such as patents or instruction manuals?) Milestone table: Schedule? (Do you create production schedule? Human resource schedule?) Funding requirements: Finance? (Are you creating funding proposals?)
  12. care_candidate

    60 day grace period - new employment start date later

    Ask your employer's attorney. H1b is sponsorship; you have to ask sponsor.
  13. care_candidate

    Inconsistent middle name across documents

    Typically passport will be primary document. I have seen same issue many times. Candidates from India have this issue that they combine first and middle name together and then it can be construed as first name only. You can do what many people do. Just list your first name ABCD wherever they ask and if they ask middle name just have it EFG. If they ask for middle initial, have it E. And obviously last name as it is.
  14. care_candidate

    Overstay on B1/B2 Visa i539 pending.

    The issue is not that you filed I-539 in timely manner, but your overstay. Why?
  15. No issue at all.
  16. care_candidate

    Travel to Bahamas by cruise with short H1B validity

    No risk for closed loop cruise, use AVR.
  17. care_candidate

    B2 rejection for parents

    The reason office asked your parent about your loan is that many times parent help student to get student loan, which is not case with you. If officer has a doubt that since you are already in US and if parent have no good reason to return, whole family may look to be running away from loan altogether and settle in US. The only thing you can improve is to get your numbers straight. Know all the details and explain in concise manner in few seconds. Keep in mind that they may not ask same questions again.
  18. care_candidate

    Overstay on Visitor visa due to green card processing

    Any overstay is bad.
  19. care_candidate

    Automatic Visa revalidation for F-1 OPT

    Situation may have changed in last few years. When I was in same boat many years ago, reentering with F-1 OPT was a risky task. The clear reason was the reason for returning to US if you completed your degree, regardless how long the OPT is remaining. If you have job or offer, it became slightly easier as you would have something to look forward to maintain or change status. One thing clear is that they will ask your purpose to return and what you are going to do in remaining time.
  20. Keep copy of your return ticket with you.
  21. care_candidate

    DS-160 and I130A

    You should ask direct questions with pertinent information rather than generic ones.
  22. AP is for reentry only; and GC supersedes AP.
  23. care_candidate

    Initiate GC with new employer

    Assuming you are EB-2 India: Normally you should always encourage employer to start GC process as soon as possible. Nobody knows when/if your #1 bill becoming a law. However, considering starch difference of opinions in congress and political situation, passing anything new related to immigration is distant possibility. You have valid reason to suspect if anything goes wrong about possibility of not approving H1b extension. Coming back to my original claim, it is remotely possible to pass such bill as there are many in boat that will get affected thereby affecting few companies, which are dependent on such employees. Since your PD is Feb 2012, most likely none of chart is going to catch that is next 2-3 years. This means you have time to wait if your employer do not want to start procedure right away. But then, you still should pursue them to do so....Good luck!
  24. There is nothing as "Sponsoring" in visitor's visa. It's their own application.
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