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mohan.july

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Everything posted by mohan.july

  1. mohan.july

    L1A to H4 EAD

    Hi, My L1A 7-year limit is coming to an end by May 2018, roughly in another 6 months. My Employer does not want to apply for Green Card. So the only option for me is to apply for H4 EAD as my spouse has approved H1B and I-140. 1. Once the conversion from L1A to H4 EAD is approved, can i still continue to work for the same Employer without informing the Employer. Will there be any USCIS violation if i do that. 2. My Spouse is in travel job and every month he goes for 1 week travel outside US and come back. Can he travel like this after i submitted my H4 COS & EAD applications with USCIS as we need to provide I-94 details along with the application. Please help.
  2. mohan.july

    L1A to H4 EAD

    Could you Please answer to the below question- “My Spouse (who has H1B with i40 approved) is in travel job and every month he travels outside US and come back. Can he travel like this while my H4 COS & EAD applications are pending with USCIS, as we need to provide I-94 details of both of us along with the applications.”
  3. mohan.july

    L1A to H4 EAD

    Could someone answer for my second question please
  4. mohan.july

    L1A to H4 EAD

    Thanks for the reply. Can I continue to with the employer until the end of the L1 period with the approved H4 EAD without informing the employer that i did COS from L1A to H4 EAD?. Is it mandatory that i must inform employer when i do COS even though both are working Visa?. For example, current L1A period ends by March 31, 2018. Let's assume that the H4 & EAD applications get approved by Dec 31st 2017. Can I continue to work until March 31st 2018 with the same employer without informing him. Could you please answer for my 2nd question in the original post as well?
  5. My H1B Transfer Denied today morning. My employer told that he will apply Appeal after receiving denial notice. Currently I am employed, Can I work continuously while Appeal in progress? I-94 Expiry Date is January 2016. This is URGENT, please help.
  6. So, please advice me on the next best option - (it's been almost 2 months since COS application is received by USCIS). 1. Withdraw the L2 COS and EAD applications? 2. Wait and See whether USCIS approves or denies?.. But I heard that, even if the COS application is approved (which should have been denied as I left the country when application in progress), it will still be considered as INVALID.... is it true?. Kindly suggest.
  7. Applied for H1B to L2 COS and EAD together on Aug 17th 2015. Went to Canada for Business on Sep 7th and returned back on Sep 11th on H1B and got new I94. Will there be any impact on I-539 and EAD applications? Do I need to mail new I94 to USCIS? Please clarify.
  8. Yes initially i had H1B, then L1B, then L2 and then this H1B approved petition. The previous admission before getting this approved H1B petition was thru L2 Visa. So, i think they have still used AVR, by referring back to my history and used H1B visa which was expired in 2008, and issued admission on H1B now. Not sure though. Now my only concern is, The new I-94 number from this trip, is different from the one on the H1B petition copy. I checked with my company attorney and they said, it's okay.
  9. Ok Jairichi. I totally agree with you. The confusion was due to the fact that previously i entered USA thru L2 Visa and later moved to H1B and it's not stamped. Basically, i was having expired L2 Visa and approved H1B petition, and seeking entry using AVR. Since there was a change in Visa type, the officer got confused which Visa type that he had to re-validate. Could you please also provide your thoughts on the below questions, 1. He put the seal and mentioned H1B in it, Is this correct when i dont have H1B visa? will it harm me anytime in the future? 2. New I-94 is generated online after this visit. This I-94 number is different from the one on the H1B petition copy. Can this happen?
  10. Hi Jairichi I had Terrible experience in Toronto Port of Entry, after completing 5 days Business Trip in Canada. AVR automatic revalidation program did not work very well. 1. Officer#1 at the POE booth sent me to the secondary validation room which i showed him L2 expired Visa and H1B approved petition copy. 2. There, two officers officer#2 and officer#3, jointly asked me questions, and i told them that i am seeking entry as per AVR. And i gave them the AVR pdf document which i downloaded from the USCIS website. 3. They told me that since i changed the status from L2 Visa to H1B which is not stamped in my passport yet, they were wondering which visa to revalidate whether it should be L2 or H1, and whether this is a legal entry or not. 4. They both want to take seconday opinion and went to another room. 5. Then came back after 15 mins, and discussed with me for 10 more mins and then allowed me the entry. 6. In my passport, he put the stamp and mentioned as H1B and expiry date to be same as petition end date. Questions: 1. He put the seal with H1B and allowed me in, when i don't have H1B visa stamped yet. Is this correct? will it harm me anytime in the future? 2. New I-94 is generated online after this visit. This I-94 number is different from the I-94 number on the H1B petition copy. Can this happen? I am worried about this now. Kindly help on this. Thanks! (overall i felt i should have avoided this trip as my i-140 is in progress now, which was filled last week)
  11. Thanks much. 1. So it's not required that i need to first get H1B extension done with my current employer who has approved I-140 approved, before moving on to next employer. Am i right? 2. And in your previous to previous reply regarding Canada Business trip question, you mentioned like "Should not be an issue if you are planning to use AVR facility." How do i use the AVR facility? do i need to do anything. i thought at the port of entry, they will apply this rule automatically.
  12. Thanks a lot. One question: In 6th year of H1B and it's expiring by Jan 15th 2016. Current employer has filled for I-140 today. Once it's approved, Can another employer file for H1B and get 3 years approved? provided if all the necessary supporting documents are available. Kindly clarify, as i am thinking whether i can take Full time position or not.
  13. as you know, i am currently in H1B petition (expiring Jan 15, 2016) but not stamped yet. i need to go to canada for 1 week business trip, and not going for stamping. Is that okay and would there be any problem while entering back to US. Please advice.
  14. Recap and Current situation: History: Moved from L2 (and had EAD) to my old H1B in January 2015 (you might remember this was one was denied in jan 2014 while transferring to a new employer). Current Situation: Currently in H1B and in sixth year ends by January 2016. Labor is filled on March 20th, 2015. My wife has L1A for next years. Questions: 1. Do you think it's good idea for me to go back to L2 (and EAD) till i-140 is approved, which i am expecting around Nov/Dec 2015, and my current H1B expires in Jan 2016. 2. Can i apply for L2 and EAD at the same time while being in US itself. (plz note this is the second time i will be applying for L2). Kindly help
  15. In case if I had not moved back to H1B in Jan 2015, would i had chance to apply for new H1B under CAB in 2016 Quota.
  16. Sorry, actually I re-entered US in Oct 2010 in L1B. Overall: 2007 May - 2008 Dec ==> H1B 2009 Jan - 2010 Sep ==> India Break (1 yr 9 months) 2010 Oct - 2014 Jan ==> L1B 2014 Feb - 2015 Jan ==> L2 EAD 2015 Jan - Current ==> H1B (this is my old H1B and claimed the last left over amount under Cab Exempt and got it approved for 12 more months) Do you think I am not eligible for new H1B in the 2016 Quota? Kindly advice.
  17. But why, I stayed outside for 1.5 yrs and came back in October 2010, which means continuously I am staying here for about 4 yrs and 3 months so far... So I am edible for the next H1B right? Kindly provide me little more details...
  18. mohan.july

    Can To Mexico for Business Trip

    Hi I am working in a company using my L2 EAD, which is valid until May 2015. My Company is asking me whether I can Travel to Mexco for 4 days for a Business Trip. Do I need to have Mexico Visa to travel to Mexico? I think it's not required as it's mentioned in their site that, " Non-US Permanent Residents with valid US visa stamped. Effective May 1, 2010, all foreigners, regardless of their nationality, visiting Mexico for tourism, business or transit, for a stay of up to 180 days, do not need to apply for a Mexican visa to enter the country. They have to present their valid US visas along with their valid passport. If the US visa stamped on your passport is expired but you have a document proving your legal status in this country, you must apply at the Consulate Mexican visa if your nationality is mentioned below. http://www.inm.gob.mx/?page/Paises_visa " Please help, as I need to tell my company whether I am going or not asap.
  19. UPDATE: My H1B is approved yesterday under cab exempt (this is one was denied exactly one year back). Now I am with different employer and it's been approved for 12 months exactly. This is the time left in H1B out of its 6 years. Question: am I eligible for applying for new H1B in 2016 quota in the coming April 2015 with the Same Employer. Because I feel that this 12 months may not be enough for getting I-140 approved. Please note that, excluding vacations, I am in USA since October 2010. Before that I was in India for 2 yrs.xs
  20. mohan.july

    Can To Mexico for Business Trip

    I went to Mexico and came back to US without any issues. I did not apply for Mexico because I had my US visa stamped in my Indian passport. After coming back to USA, I continue to work using my existing EAD.
  21. mohan.july

    Can To Mexico for Business Trip

    Thanks for the reply. I forgot to mention the below point, kindly provide your thoughts on this as well, I renewed my India passport last month whereas my L2 visa was stamped in my old passport. Does it impact my mexico travel anyway, will it violate the below mexico rule, " Non-US Permanent Residents with valid US visa stamped. Effective May 1, 2010, all foreigners, regardless of their nationality, visiting Mexico for tourism, business or transit, for a stay of up to 180 days, do not need to apply for a Mexican visa to enter the country. They have to present their valid US visas along with their valid passport."
  22. I am back again :) As you know, I am working currently in Minnesota using L2 EAD after my H1B Transfer is denied (long story short). My Employer has applied for PWD certificate and got it approved. He is filling Labor for me this week. Questions - 1. Can I relocate to different state (for different client) with the same employer, while the Labor in progress.? What are the complications? 2. Once the Labor is approved, do I have to have H1B approved before filing I-140. Or Is it okay for me to file I-140 when I am working using my L2 EAD? 3. In case if I am able to file I-140 when i am in L2 EAD, will I be able to get 3 years extention if I once again file H1B and get it approved? (basically gauging move from L2 EAD to H1B is better before or after I-140 approved). Kindly help me as you always do.
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