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About daliangaurav

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  1. daliangaurav

    EB2 to EB1

    Hello, I am looking for some feedback on my current situation. My GC is in EB2 category and I have an approved i-140. I have been promoted to be a manager and have a masters degree from US. My question is that can I port my GC under EB1 given my new title, US masters degree and 10+yrs of work experience along with various work related certifications? thanks.
  2. daliangaurav

    FMLA & H1B Transfer

    t75 - Thanks for your reply. I guess its more of which side of the coin we are looking at. The employer is not tied by law to reinstate their employee after their return from FMLA. My fears came true; after my return my employer did not reinstated me for 10days. They couldn't decide where they can place me and they did not wanted to take a hit on their practice's finances to keep me on bench. After multiple follow ups and calls from my side and playing a game of hide and seek; I resigned and my director and HR replied within an hour :). Please note that my employer is one of the biggest companies in the US. I am thankful to them that they helped me but as an ex-employee, I think I did my share of saving their finances for 3+ months (FMLA and resigning) :D. Hope this helps and answers your question.
  3. daliangaurav

    FMLA & H1B Transfer

    Hello, I have a question about changing jobs during FMLA. Currently, I am on FMLA from my current employer and I am in India. During this time, I have accepted a job offer from another company. Can the lawyer initiate the H1-B transfer while I am on FMLA or I have to return to the US, resume my job at my current employer and then H1B transfer will be initiated? Thanks.
  4. daliangaurav

    Bench Time and PTO

    Hello, I have a question related to bench time. I am a full time employee of a big corporation with about 7000 employees. Recently, I came back from PTO of 3 weeks. Currently, I am on bench and this is my 2nd week of bench. In the meantime, per company policy I am available to help in any project if they want and I am also preparing for certification. Can they legally ask me to take PTO till the time I am on bench? I have just came back from PTO and if I had to take some time off I wouldn't have resumed office.Is this correct on the Company's part to ask me to take PTO? Thanks.
  5. Hello, I am in a similar situation. The Company initially asked me to pay for the H1-B cost. I told them that this is against the law forcing a job applicant to pay. Now, they have come back and asking for LCA legal fees of $2200 and saying that they can take legal route if I fail to reimburse. Please help :( Thanks.
  6. daliangaurav

    Legal fees Liability

    Hello, I am in an urgent need of advice to face an employer. I am currently working for Company A. Company B interviewed and offered me a new job and agreed to file H1-B and GC just before the shutdown. I accepted the offer and sent all the required paperwork. But,due to shutdown the process was not started. After 1 week of government reopen, I asked Company B that I see an issue that I will not qualify for EB2 category (in which my current GC is in) and if this cannot resolve, I would not want to join Company B. After a lot of discussion, I said no to the offer. Now, Company B is coming back and asking for the legal fee of $2200 for LCA filing. Initially, they were asking for remittance of H1-b filing, but, I notified them that this is illegal. My question is, am I liable to pay them $2200 legal fee for the LCA process? Is it not the employer who bears this cost? Thanks.
  7. daliangaurav

    EB2 or EB3

    Hello Everyone, I have a quick question which is creating a great amount of doubt for me. There is no better place than to check in the forum community. Currently, I have a approve EB2 I140 from a company. I am planning to take up a new job. The new job requirement is Bachelors +5yrs of experience. The new company is ready to process my GC. But, I have a Masters from a US university. My questions are - Will I be qualified for EB2 or EB3? If yes, will my 140 date be ported when the new company is ready to file my I140? I know the USCIS web site says that Bachelors degree+5yrs of experience qualifies for EB2 but I am not feeling comfortable in opting it? Please provide your suggestions. Thanks for the help.
  8. daliangaurav

    Travel on H1-B stamped of previous employer

    thank you so much for your replies.
  9. daliangaurav

    Travel on previous employer H1-B

    Thanks you so much jairichi.
  10. Hello, I am on a H1-B of Company A and the visa is stamped till 07/2015. I am about to move to a Company B and file my H1-B in premium processing so that I can get the approved I-797 under Company B. I will be travelling to India in 3 months for my wedding. The 2 questions I have are: Can I enter US with the visa stamped under my previous employer with the new approved I-797 under Company B? For my wife then, can she file for her H4 or will i have to get the new visa stamped before she can apply? Any help provided will be greatly appreciated. Thanks.
  11. daliangaurav

    Travel on previous employer H1-B

    Hello, I need some help on the H1-B and visa stamp. Currently, I am on H1-B visa for company A and my visa expires in 07/2015. I am about to change my employment to Company B and I have to travel to India in 3 months for my wedding. I will be applying my H1-B in premium processing so that I can get my H1-B approval letter before the wedding. My questions are - Do I have to get the visa stamped under Company B by visiting the consulate or can I use my current visa stamped under Company A with the new I-797 while returning? Also, for the H4 of my wife then, will I need to get a new visa stamped or can she apply her H4 ? Thanks.
  12. daliangaurav

    Employment Change after I-140

    Hello, I have my I-140 (EB2) from Company A. I moved to Company B and got my 3 year H1B transfer using the I-140. Can I move to Company C and use the I-140 from Company A to get a 3 year extension and get my I-140 transferred to Company C? Thanks.