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jairichi

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Everything posted by jairichi

  1. jairichi

    H4 online case status vs calling customer service

    Sorry. Do not rely on online updates. Contact them.
  2. jairichi

    H1b transfer while h4 is in process

    Yes, employer can file H1B while H4 petition is in process. On approval of H1B petition you can withdraw COS to H4. You can start working for an employer only after H1B petition approval.
  3. jairichi

    What if my H1B amendment denied

    You are out of status. Find a new employer and apply for cap exempt H1B petition. University is not a grocery shop where one can go any day to get entry. They have admission deadlines and specific intakes in a year.
  4. jairichi

    H1B case history question

    Your petition is still under process? Online update might be an error. Do not trust them unless employer contacts USCIS and get it confirmed.
  5. jairichi

    H1b to H4 cos issue urgent

    There are instances where H1B beneficiaries have returned to US with a H1B amendment petition pending. You can see some posts in this forum related to that. If at POE immigration officer decides to scrutinize your H1B documents thoroughly you risk being denied entry on H1B. However to enter on H4 you need a valid H4 visa and a copy of your spouse's I797.
  6. jairichi

    H1b to H4 cos issue urgent

    You can enter with a valid H4 visa & a copy of your spouse's I797.
  7. jairichi

    Dates descrepencies !!

    Typically online I94 is valid. But, better to cross the border & enter with renewed passport to get new I94.
  8. You are out of status from Oct 1st and you have performed unauthorized employment from that date. Talk with an attorney.
  9. jairichi

    H1B Cap exemption

    A cap exempt H1B petition can be filed and on approval can travel to US with a valid H1B visa and I797.
  10. jairichi

    H4 To H1 conversion with same I94 #

    Then attorney/employer has to file a cap exempt H1B petition and pay again.
  11. jairichi

    Attorney not returning money

    I am not an attorney and I am not after anyone's money :) You could retain the attorney to further process your GC at a later stage when the dates are current.
  12. jairichi

    Automatic Revalidation of H1B visa

    Carry documents related to your H1B.
  13. 29th April as mentioned in online 194. Better to go to nearest CBP and get it corrected in their passport.
  14. jairichi

    140 revoked, Please advice

    A PERM is valid for 6 months by which an I-140 has to be filed. Company 2's attorney competency is doubtful. Company 1 has to start from beginning. Even if you recapture those 4-5 months it will not help you stay beyond that date on H1B status as you will not get your PERM and I-140 approved by that time.
  15. jairichi

    I 140 and H1B retention for relocating to India

    I would not trust online status. File a FOIA with USCIS.
  16. jairichi

    Can one have H1 and L1 both...??

    Probably US consulate will cancel it. Having said that you can stay in US on only one status.
  17. jairichi

    H1b to H4 cos issue urgent

    1. Yes, you need to ask for new I94. 2. Yes, if your H1B amendment has not been filed there will be issue.
  18. jairichi

    H4-EAD Extension - Premium processing

    1. No. 2. No.
  19. jairichi

    H4 to H1B COS

    If the cap subject H1B petition was revoked by employer (which should have been done by employer according to law) then your spouse is not eligible for a cap exempt H1B petition. In a May 21, 2014 Teleconference between the American Immigration Lawyers Association (AILA) and USCIS, the agency addresses the issue of withdrawal: If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap.
  20. jairichi

    Automatic Revalidation of H1B visa

    If your travel is within 30 days you can use AVR. Hold on to your I94. You need a visa to enter Canada.
  21. jairichi

    H1B Transfer-Urgent

    If she is paid less than LCA she needs to complain with DOL. if not she needs to talk to a labor attorney from her state.
  22. jairichi

    Interview Waiver program

    A passport is needed for stamping. Sending passport outside country by post is an offense. Such passports might get confiscated. You need to exit US and then use dropbox facility.
  23. jairichi

    h1 fees increase

    Oh was not aware of the implementation. Thanks.
  24. jairichi

    Attorney not returning money

    Normally you sign an agreement when you take the service of an attorney. I do not think you will get a refund if you change your mind.
  25. jairichi

    Canada H1B Stamping after 6 years

    Yes. It is always better to go to home country.
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