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About realhyd

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  1. realhyd

    PERM delayed until office gets opened

    My wife's employer says that since their office is closed for physical presence and since that bars employees from seeing the notice of job, they said they can only move further with PERM application only when the office gets opened for all employees. She has her visa valid until Oct. 2021 ( 6 years will be complete then ), we are now worried that the current situation will push her PERM application submission date into the 6th year. Right now, Wage determination has been done, and that is valid until Sept. 30th, 2020, her employer said that if we can have the office open by say, Aug, 2020, it will give them enough time to conduct recruitment and submit the application before Sept. 30th. If everything fails, what are our options when it comes to extending H1B status beyond the 6th year assuming that we would be applying for her PERM in the 6th year? Can she apply for H1B extension beyond the 6th year by just applying for PERM or should she have an approved PERM or both PERM and I-140 to get that approved ? Please help!
  2. Thanks, everyone. @gopalakrishnach You said " I would suggest start apply for H4." Did you mean to say that I should try and get a job on H1B and then move to H4? or something else? Kindly clarify.
  3. realhyd

    Asylum in case of Covid-19

    Asylum from something that's already affecting the same country that you are trying to get asylum from? Doesn't make sense to me.
  4. realhyd


    If your new employer can't provide work for you, i.e. provide paychecks, you would be out of H1 status, which means you would have to do a COS ( Change of Status ) to H4 to continue to live in the US. If for some reason you would have to leave the country, you will have to get back with a valid visa, which I presume will be your already valid H4. I guess you meant to say that your visa valid until July 2021?
  5. Given the current situation w.r.t COVID-19, I am afraid I am gonna be laid off as the company I work for is strapped for cash. My wife works for a cash-rich MNC and has her own H1B although she doesn't have an approved I-140. I, on the other hand, have an approved I-140, which was approved 6 years ago, but I am already in the 7th year of my H1B stay here. If I get laid off, I may have to get converted to H4 after 60 days of the grace period. My question is if the situation were to get better later this year and if I continue to live on H4 in this country, can I make a cap-exempt switch to H1B? Any help is greatly appreciated!
  6. I am in a very tricky situation, I got offers from two employers which are both great and I accepted both of them assuming that I get to reject one at the end. I just realized that they both are using the same Immigration law firms, and I am worried that one might come to know about the other and I will lose both. Please advise what to do here.
  7. I recently lost a golden job opportunity ( good base pay, joining bonus and awesome stock/RSU grant ) as the employer realized at the last min that I only have 2.5 years left on my H1B. My current employer is supposed to start GC process now ( this month ) , but I thought 2.5 years is still enough to start that process from another company, it has been really depressing to think that my candidature was only dropped because of my H1b status. I definitely delayed my GC process but didnt think that it was to an extent that I may not receive offers anymore :(. Has anyone been through such experience? May be I am looking for some compassion here
  8. realhyd

    H1b Renewal After I140 Approval

    I dont know if that needs a congressional approval or not, but the speculation outside is such that these kinda rules, if and when they get implemented, can be countered with a lawsuit, at which point it all boils down to the interpretation of the law written in the constitution. It's not uncommon to have these kinda lawsuits. If the lawsuit happens and we, the H1B holders see a favorable outcome from it, then the Govt. would be forced to present a bill in the house, which would need a congressional approval. Either way, this will be an harrowing experience for us to go through, with all the uncertainty looming around us.
  9. realhyd

    H1B New Changes in consideration

    Sambasiva, you, my friend, are blowing some life in to our hopes. I think this is cruel to all the people who have been religiously waiting for their "chance" of getting an EAD, who were here legitimately and have contributed so much towards building a community here. If the US does this, I dont know what other country we can look up for an example.
  10. realhyd

    H1b Renewal After I140 Approval

    Well, there are some rumors circling around. There might be some truth about the "considerations" made by DHS or USCIS about introducing a rule that will not allow people to renew H1B indefinitely while they are waiting for green card approval. If it becomes a rule, I know a ton of people ( including myself ) who would be forced to leave the country, although I heard that this particular rule cannot be implemented as a result of Presidential Executive Order, it needs congressional approval. Knowing how the President won certain similar cases ( partially ) in the past, like banning certain people entering the country, I am kinda worried about reversal of my fate, right now, all I can do is take whatever the outcome will be.
  11. realhyd

    Final Regulation for High Skilled Workers

    You mean, if your employer revokes your I-140 not your wife right ?
  12. realhyd

    Revocation of I-140 - New Rules

    I also heard that there is going to be a such new rule, The following is the link to the same: https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled Although, I am not entirely sure if its true, i.e., employees get to avail the advantages that come with an approved I-140 even after the employers withdraws or revokes the I-140 petition, the benefits include unlimited extension of H1b in the increments of 3 years, priority date retention but I am not sure of H4-EADs which are tied to these approved I-140s. Please correct me if I am wrong.
  13. There was a problem with my employer who somehow forgot to file a H1b amendment and I have already started for work for 1 week, he's gonna file the amendment in a day or two, is this a grave mistake ? Is there anything that can be done in this regard? Please help.
  14. realhyd

    H1b Transfer from India

    I was exactly in the same situation and I was able to get visa transferred from india from company B to A using premium processing and it got approved in 15 days and I didnt have to go to stamping again for company B ( I already had a stamp from B ). But this was in 2012 and I would assume the rules have changed ever since. It would be good to have a lawyer review ur case.
  15. My wife is planning to travel to India this April and given that our wife's visa could be selected in lottery, is it ok for her to travel to India while H1 is being processed? Will there be a problem if she were to come back before her work permit gets approved ? ( Shes currently on H4 ). Please help us in this situation. Thanks,