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coolwave1447

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About coolwave1447

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  1. Hi, My H1B Extension has been applied in Normal processing. Packet was sent on 15th Apr, 19 via Fedex. I see that packet reached USCIS on 17th Apr,19. My last day with current H1B is tomorrow, 24th Apr,19. (I know we shouldn`t have waited this last week for this, but, we were waiting on letter from client which was getting delayed). My employer`s attorney or employer haven`t received notice of receipt yet. My employer mentioned that Fees check hasn`t been encashed by USCIS either. They are asking me to not worry since USCIS have received the packet and asked me to continue to remain at work. But, i am getting a bit anxious and want to cross verify this information that i have received from them. Kindly let me know: 1) By when do we received H1B notice in Normal processing? By when does usually USCIS encash the fee check. 2) Am I allowed to work after 24th Apr since we don`t have receipt notice yet? 3) What if USCIS takes up my case for processing after 24th apr? in that case is my in US considered legal for days after 24th Apr? 4) What are my options now?
  2. Am I H1B cap-exempt? Here is my situation: 1) Worked for Company A from Oct, 2007 to Feb, 2016 (Approx. 8 years on H1B with I-140 approved in Feb, 2013) 2) My last H1B was valid from May, 2013 to May, 2016. 3) I went to India in Oct, 2015 on account of pregnancy and worked from there on H1B for 4months till Jan, 2016. My last pay stub is of Jan, 2016. 4) After that, I left job and lived in India for a year more. I did not file for H1-B extension since I did not intend to work till my kid is atleast 2yrs old. 5) I filed for H4 visa in Nov, 2016 and came back to US on H4 visa in Feb, 2017. (After staying in India for approx. 1.5yrs in total) 6) I have been in US since last 1yr on H4 visa. Now that my baby is 2yrs old, I feel I am ready to start work again. As of now I can work on H4-EAD. But, main questions are - 1. Can I reapply H1B without going through lottery since I have an approved I-140 ? (My employer hasn`t withdrawn my I-140) 2. If Yes, Do i have to get H1 extension process done through same employer or can I find job with another employer who is willing to file my H1 extension? 3. If No, what are my options if I want to get back on H1?
  3. coolwave1447

    H1 ammendment and Visa Stamping

    Thank you all for your time and responses.
  4. coolwave1447

    H1 ammendment and Visa Stamping

    My wife is on H1 visa. But, she is a consultant. Her employer (company holding H1) is a small consultancy company who sends her to client side for work on projects. She has done visa stamping through during her last visit to India in Dec,12 which was valid till May,13. We have got her visa extension for next 3 yrs. At the time of visa extension application she was working at client A in location A. So, on visa petition we have client A`s letter and in LCA we have location A mentioned. But, now that project with client A is over. Since last 1.5months she has been working at client B and location B in the same state. We need to go on a vacation to India on 6th Dec,13. My Questions: 1) Does her employer need to apply only for a new LCA mentioning the new location OR Will she need to do H1 ammendment before she goes for visa stamping? 2) What are the risks involved if she goes for visa stamping without H1 ammendment? 3) What if she does not do H1 ammendment and is able to prove her new client location by LCA, client B`s letter, vendor B`s letter and other necessary docs? (But, her visa petition – I129 will still show location A and client letter attached to petition will be of client A) 4) Since she is with the same employer will she need to go for visa interview or will she need to submit only documents as she qualifies for interview-waiver program. But is that safe compared to visa interview in case of consultants working under Employer-Vendor-Client (EVC) model? 5) If suppose her H1 visa stamping faces problems, can we immediately apply for her H4 (Dependent on me. I am on H1)? Does chances of H4 rejection increase if you H1 visa stamping has recently faced issues? 6) I think since she had had H1 before so she will not come under quota . So, if she gets H4 visa successfully and comes to US then can we again apply for her H1 immediately, provided her employer agrees / she finds a new employer? Correct? 7) She has I140 approved (Green Card process) with her current employer. What happens to her GC process if she moves from H1 to H4?
  5. coolwave1447

    H1 to H4 to H1

    My background: I have completed 5 yrs in total on H1 visa in USA. I have I-140 approved with current employer. My current H1 is valid till May,13. ( So, i should still be having 7months left on initial 6yrs of total H1). Now, due to personal reasons i need to take a break from job for 1yr. So, I think the best option is to go on H4. My question: 1) If I do H1 renewal in Jan,13 and supposed get 3yrs H1 extension (Since I140 is approved)...and then go on H4 in May,2013... if I again apply for H1 in May, 2014 (after 1yr break) till what date should i expect H1 visa? Kindly answer in both scenarios; I-140 maintained by employer Or I140 withdrawn by employer. 2) If I do not do H1 renewal and go on H4 in Feb/March,2013..and then do H1 renewal after 1yr of break, then, till what date should i expect H1 visa? Kindly answer in both scenarios; I-140 maintained by employer Or I140 withdrawn by employer. 3) In which scenarios employer will withdraw my I-140? Kindly post your reply in case you would know the answer. Your reply should help me in taking decision.
  6. I am in US on H1 visa. I have completed almost 5 yrs in total on H1 in US. At present I work as a contractor. But, now, I have an offer for a full time employment and am stuck in a dilemma. In case you know the answers to below 3 questions, it would be really helpful if you could take out time and reply: 1) I had H1 visa valid till Nov,2013. In May,2012, I changed client and applied for H1 ammendment, I got only 1 yr client letter. So, when my H1 ammendment got approved, I got new I797 and I94 valid only till May,13. Now when this end date nears will I need to apply for H1 extension or renewal of visa? will I get a new visa for 3yrs or only till Nov,13? 2) I have my I-140 (2nd step of GC process) approved with current employer. Say, in Jan,13, If I change my employer and new employer files for my H1, will I get H1 for 3yrs or only till Nov,13? 3) If I change my employer, join a new employer who does my H1, then, say, lays me off or company closes in 6-8months, then how much time do I get to find a new employer and get my H1 done before I no longer am allowed to stay in the country?
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