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Everything posted by Mr.

  1. I apologize @JoeF if I didn't make it clear earlier. My company is not going to renew my H-1B and wanted me to work from Canada. So, I will be moving to Canada as I am a PR there. Since, I will have to visit the Stakeholders of the company in US once a month, I intend to use B-1 visa as this is supposed to be a short Business trip. Would that be a legitimate way of doing it? Or, does it raise any flags? Thanks for all your insights on this.
  2. Hello Experts, Is a Canadian PR eligible for B-1 visa? I'm little unclear with the information on this page. https://help.cbp.gov/app/answers/detail/a_id/1192/~/canadian--citizens%2Fresidents%2Flanded-immigrants-entering-the-u.s. Past history: F-1, H-1B with an approved I-140 from US. Also, never worked in Canada earlier since I got my PR recently. The company I was working in US wanted me to meet the Business people once in a month and as part of it, I have to travel to US. Just trying to figure out what my options would be. Your valuable suggestions would be helpful. Thanks!
  3. Thanks @JoeF. Does that mean, once I leave the country, I wouldn't be able to come back to US? Or, if I cross the border either to Mexico or Canada or any of the British Virgin Islands, would I not be able to come back to US? CBP website doesn't show my I-94 but my I-797 says that my I-94 is valid until end of this year. So, wondering if I leave to Mexico or Canada or any of the British Virgin Islands and come back to US within 30 days with the existing I-797 without going for a US Consulate for Visa. I appreciate if you could please shed some light on this.
  4. Thanks @JoeF. My question was more specific about the B-1 visa. Am I eligible for B-1 provided I have an approved I-140? If I am eligible, are the hours/days I am here in US on B-1 not billable?
  5. @pontevecchio @JoeF Any suggestions/recommendations/thoughts on this please?
  6. Hello everyone, To respond for an RFE for Employer-Employee relationship and Right to control (EVC model), is the SoW/PO between the Client and Vendor needed? If the vendor couldn't give their contract agreement with the Client, would the case lead to denial? Since that document is confidential between the Client and Vendor, they are not willing to give and was wondering what would be the option in this case to respond to RFE. Your suggestions and expertise on this matter is highly appreciated. Thanks!
  7. Thanks @JoeF for the reply. I didn't get your last point. 1. Would my employer not be able to file a new H1 petition for a different client now as the old I-797 has expired and the extension with the current client is in progress with RFE? 2. If I move to a different employer, would the new employer be able to file a new H1 petition for me at a different location now as I already have an offer?
  8. Yes, they do have a lawyer but asking me to push the Vendor to get the SoW. The situation is I-797 expired and a new petition has been filed before the expiry for the current Client. Now that I am only missing the SoW but has all the other required documents (Client and Vendor letters and agreement between Vendor and Employer) to be provided for Right to control RFE, am I eligible to switch to another Client/Vendor at this time because I do have another offer with another Client/Vendor and are ready to provide all the required documentation. Would that jeopardize my petition in anyway if I amend the Client/Vendor now while the petition is pending with an RFE?
  9. Thanks @mehopeful. So, based on what you mentioned, I believe they can file multiple LCAs at a time for multiple locations. When does the H-1B petition come into play? Once the LCA is approved? Also, if the H-1B has expired before filing the second LCA for another location (before I-94 expires), would it be an issue?
  10. Hello Experts, I have job offers from two different clients (EVC model) at two different locations. Since I am not sure which client would be giving the client letter yet, I would like to know if it would be possible for us to apply H-1B extension for both the locations and withdraw one later, based on the situation. Also, if I choose to go to the Client-1 initially by filing only one LCA, would it be okay to come back to Client-2 while the extension with Client-1 is in processing and apply LCA for Client-2? Would that impact the legal status in anyway? Thanks!
  11. Hello Experts, I got an offer with a startup company whose size is fairly around 200. It is an American owned company providing services to healthcare providers within the country. I would like to know if it's advisable to file H-1B through a startup company like this. Also, how do I verify the credibility of a startup company in general, in legal terms? Thanks!
  12. Mr.

    H-1B with a startup company

    Thanks @Leavemessageh1b. -This is a consulting opportunity with this company. So, they are making a decent pay to my employer based on my qualifications which aligns with the market rate. -Since, this is not a big company, I don't think they have a legal team that dealt with H-1Bs in the past. Again this is a consulting opportunity with this client. So, I don't know if I can approach their legal team. -How do I check/know their business licenses online on the State Dept Website? PS: This company has been awarded the fastest growing company award quite a few times in the last decade in the State it was established. I don't know if that makes it legit in anyway.
  13. Mr.

    H-1B with a startup company

    Thanks @JoeF. This is a consulting opportunity with this company and I would like to apply for my H-1B extension with this client. The only way I could know about this company was through Glassdoor and the reviews are very good. Of course, I cannot just rely on these reviews, but they are paying a decent market salary to my employer/me based on my qualifications. So, I would like to know if there needs to be something else to be considered before accepting this offer.
  14. Mr.

    Travel back with H-1B

    Hello Experts, After completion of 6 years of H-1B with a Master's Degree and an approved I-140, if I leave the country and work in the home country for few years, would I be able to come back with a cap exemption or would that be considered as a new H-1B and should go through the lottery again? in case, if I don't work in home country during this period of stay there but does some business and if my current employer is willing to sponsor me again in the future for a work visa, would I be able to come back to US provided the lottery goes through (if at all)? and what are the chances of coming on B-1/B-2 during the period of staying in home country? Thanks!
  15. Mr.

    Travel back with H-1B

    Thanks Chai. What do you mean by "priority date should NOT be current"? Also, 1. Would that be considered as CAP exempt or not?
  16. Hello Experts, A fried of mine has his parents visiting USA and are leaving soon to their home country as they have their six months being completed now. But, my friend has actually fallen really sick recently and he wants his parents to stay back until he gets better. Would it be possible for him to apply for their extension after six months? If so, how prior they should apply for the extension before their I-94 expires? Thanks!
  17. Hello Experts, I have applied my H-1B extension in July and the existing one expired in August. My I-94 says valid until September. Now that I got my extension approved, am I legally eligible to stay in the country? Note: It took 3 months for my H-1B extension to be approved from the expiration of my I-94. I hope that is not considered as an illegal stay. Is that correct? Thanks!
  18. Mr.

    H1 California Service Center

    I've applied in July and then upgraded to premium processing after October first week and got an RFE immediately. I would suggest you to wait another month or so if you wish to continue with regular processing.
  19. I just realized that the link is session specific. Here is the actual link that takes to CSC processing times at the "Service Center" option. https://egov.uscis.gov/cris/processTimesDisplayInit.do
  20. Hello Experts, It's been more than 60 days that I got my receipt notice for H-1B extension. Upon checking on this website, I see two different updates. Does anyone know which one is correct? The chart says "Field Office Processing Dates for California Service Center as of: July 31, 2017" But the whole webpage says "Last Updated: September 22, 2017" If the former is correct, we are already at the end of September now and why is it still showing the processing dates as of July 31? If it's July 31, then the extension says I-129 Petition for A Nonimmigrant Worker H-1B - Specialty occupation - Extension of stay in the U.S. June 1, 2017 I am kind of confused if they are processing the applications as of June 1 or July 31? 2. How long can I stay in the country with just the receipt? Is it until I hear any decision or certain period? https://egov.uscis.gov/cris/processingTimesDisplay.do;jsessionid=abc5LWvepvG3V9xrIHd7v Thanks!
  21. Hello Experts, I will complete my 3-years of H-1B this September and have to apply for an extension. My question are, If I apply for an extension now, can I still request for a start date of October this year? In case my extension is not approved before October, can I still legally stay here? If #2 is true, what is the maximum time I can stay here while the application is in process until I get my approval? Thanks!
  22. Mr.

    Timing for H-1B Extension

    Thanks everyone!
  23. Hello Experts, I've been juggling around the web and couldn't find a post that helps my situation. My parents have applied for their passports in India a couple of years ago and their Visitor visa an year ago which was approved. Since, the passports were applied just a couple of years ago, my mother's last name is different as what it appears in her degree certificates. Would this be an issue when travelling to The States, since I'm planning to bring them for vacation soon? Would this ever be an issue in India as well? Thanks!
  24. Mr.

    Last name impact for Vistor Visa

    Thanks everyone. Got the same confirmation from everywhere.