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QuestionV

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Everything posted by QuestionV

  1. QuestionV

    H4 to J1 for residency

    My spouse on H4 needs a J1 for residency. How hard is it to get a J1 visa from home country (India) for someone who is on H4. We are not eligible for H4 EAD right now. If J1 is denied for some reason, can the person come back on H4?
  2. QuestionV

    Grad Medical Training on J1 & 2 yr HRR

    If someone to come on J1 visa from India to do a residency, can he/she extend J1 to do a fellowship immediately after residency and meet 2 years HRR requirements after fellowship?
  3. QuestionV

    H4 EAD...

    It is an "either - or" situation. In my opinion, if you meet one of the conditions, you are all set. If you read the news on uscis.gov, it clearly says "or" after the first condition.
  4. USCIS is seeking comments on 'Immigration Policy': http://www.regulations.gov/#!documentDetail;D=USCIS-2014-0014-0001 The deadline for comments is 29th January 2015.
  5. Hello, My employer has decided to sponsor me for an full time engineering position in the EB-2 category. My question is when the I-140 is approved and one has been in the waiting line for PD to become current (the current projections are 118 months of waiting time for 2015 PD - everything else remaining the same), are these two situations possible while allowing retention of initial PD: i) The same employer re-files PERM / Labor and I140 for a higher position in a different wage level? ii) A different employer files PERM / labor and I140 for a higher position in a different wage level? Thanks, QuestionV
  6. QuestionV

    H1B or LCA Amendment?

    Background: I started working with the current employer on OPT in summer of 2012. I continued working for the employer on H-1B from October 2013. My H-1B is valid till September 2016. Just this week, my job title changed from Staff Engineer to Project Engineer I. It is the next level position in the company's career path. However, there has been no change in job responsibilities and the salary raise was within the same wage level on original LCA / H-1B. Original LCA / H-1B petition have Staff Engineer as job title. The responsibilities may change later this year once I obtain professional licensure but they haven't so far. Employer, office location, etc. all are the same. I am curious if any changes to petition are required: new LCA or H-1B amendment? Thanks.
  7. QuestionV

    EB2 clarification

    Can the employer file for GC in EB2 category if the job requires 5+ years of experience and it DOES NOT require masters degree? If yes, which category of EB2 will this fall under?
  8. Hello, I am currently working with an employer on H1B. The employer is open to the idea of filing for GC. My current qualification is BE (4 yr) + MS (2 yr) + 3.5 yrs work experience. Should I go with EB3 filing now for my current or similar job position OR EB2 for a senior and different position which will satisfy EB2 advanced degree requirements in 2015? Thank you.
  9. QuestionV

    EB3 now or EB2 in 2015?

    The job description says 2+ years of experience with a bachelors degree.
  10. QuestionV

    GC Application and Promotion in Job

    Thanks. Can the experience gained at the sponsoring employer be counted if the GC filing is for a different position? AND Can the GC be filed under EB3 if the job requires bachelors plus 5 years of experience? Are 2 years of MS also counted towards experience? These may be very obvious queries, but like I said this is the first time I am exploring GC options.
  11. Hello, I am new to the green card process. My employer is likely to apply for a green card after I complete one year on H1B. Currently, I am eligible for EB3 category as the job does not require masters degree. I have a masters degree from USA and 3 years of cumulative work experience (2 yrs in India + 1 year in USA). I have two questions which I consider important before I talk to my employer further about the GC application. i) Does a two year MS degree from USA and 3 years of total experience make me eligible for GC in EB2 category even though the job doesn't require a MS degree? ii) In 2015, I will get major promotion after getting PE license in engineering. Which will be a better time to apply for GC: 2014 as Staff Engineer II OR in 2015 as Project Engineer I? The Project Engineer I leads to Project Engineer II in about three years. So, the Project Engineer title is likely to be there for 5-6 years before obtaining a managerial position. If the employer applies for a green card in 2014 when I am a Staff Engineer II, the job description and position will change in 2015. Will that cause problems? Thank you.
  12. QuestionV

    How soon can I go for H1 visa Stamping

    Hello information21, I am planning to do the same. Are you planning to go to your home country (where are you from?). I am an Indian national and I am thinking if I can get H1B stamping in Canada (perhaps even in India) in November. Any help will be appreciated. Thank you.
  13. QuestionV

    Filing DS-160 for H4 before marriage

    Hello, My situation is somewhat similar. It would be very nice of you if you could answer some of my questions: I) I am currently on OPT but my H1B is approved and starts in October 2013. II) I am getting married in December 2013. Since I will need to get my H1B stamped as well, I was wondering if I can schedule the H1B stamping interview and H4 visa interview for my wife at the same time (same interview appointment / slot) within a week after marriage. III) Can I fill the DS160 for her and myself before our marriage in advance (say in November) and state our relationship status as married? We will be scheduling our visa appointment after our marriage. Thank you.
  14. I am in the USA currently on F1 visa with an approved H1B visa petition which means I am currently on Cap-Gap extension. I am planning to get my H1B visa stamped in Canada. Which status should I say I am in USA in the application for temporary resident visa for Canada: STUDENT or WORKER? Thank you.
  15. I am currently working on OPT in the USA. My employer applied for H1B which has been approved this month. I am planning to get my H1B stamped in Canada in October this year. This will be my first H1B stamping. I have a couple of questions: 1) How much time does it take to get H1B visa stamped in Canada? I want to plan the time off accordingly for the Canada visit. 2) What is the difference between getting the visa stamped in last week of September (when I will be on Cap Gap OPT Extension) versus getting the visa stamped in first week of October? Any help will be truly appreciated. Thank you,
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