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kas2013

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About kas2013

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  1. Hi Experts need your quick advice on below. I have an approved EB1C I-140 petition with a priority date of mid 2016. Unfortunately, due to retrogression, my concurrently filed I-485 has not been processed and I believe I need to wait until October when the dates would be current again. I have a recently extended EAD for the next two years based on pending I485. My question is whether it is better to stay on H1B status or move to EAD status by asking the employer to file I-9. The reason for this ask is that EAD status would be much safer and provide flexibility of work location as compared to H1. Please let me know your advise and also the pros & cons of one vs another. Any advise on this matter will be highly appreciated. thanks
  2. Thanks Pontevecchio for your response. I am trying to understand whether the I-140 needs to be approved to use the 180 day rule or in case of concurrent filing, the I-140 can be in process and this rule can still be used. I will talk to a lawyer but wanted to understand if it is even worth pursuing based on the rules.
  3. ---re-posting as I had done it earlier under a wrong topic--- Hi, I have been working for my employer for last 8 years out of which 1.5 years in India and 6.5 years in the US on H1B. In May 2016, they submitted my concurrent application for EB1C I-140/I-485 both of which are pending and looks like they will be for at least 3-4 months from now when a decision can be expected. There are some issues with projects and my employer might ask me to move back to their India office. I certainly want to avoid this situation and change employer if I have to do so. My questions are with respect to AC21 rule when I-485 is pending for more than 180 days: 1. Is this rule applicable even if I-140 is pending (this was a concurrent filing and hence both I-140 & I-485 are pending; fingerprinting has been done). 2. If I find an employer who is offering me same or similar job with a comparable salary, can I switch job to them and still continue with the ongoing EB1C GC process? 3. If my current employer tries to revoke my I-140 after I quit, is there anything I can do to keep the application alive? 4. What will happen to the 'intent' part of the GC application process? At the time of filing, my existing employer definitely showed the intent but with them asking to move back to India and/or me switching jobs, the intent will not still hold good. 5. Lastly, in case the answer to question 1 is yes, what would be the procedure to use AC21 in this case. I would really appreciate your responses and guidance on this matter. thanks kas
  4. Hi, I have been working for my employer for last 8 years out of which 1.5 years in India and 6.5 years in the US on H1B. In May 2016, they submitted my concurrent application for EB1C I-140/I-485 both of which are pending and looks like they will be for at least 3-4 months from now when a decision can be expected. There are some issues with projects and my employer might ask me to move back to their India office. I certainly want to avoid this situation and change employer if I have to do so. My questions are with respect to AC21 rule when I-485 is pending for more than 180 days: 1. Is this rule applicable even if I-140 is pending (this was a concurrent filing and hence both I-140 & I-485 are pending; fingerprinting has been done). 2. If I find an employer who is offering me same or similar job with a comparable salary, can I switch job to them and still continue with the ongoing EB1C GC process? 3. If my current employer tries to revoke my I-140 after I quit, is there anything I can do to keep the application alive? 4. What will happen to the 'intent' part of the GC application process? At the time of filing, my existing employer definitely showed the intent but with them asking to move back to India and/or me switching jobs, the intent will not still hold good. 5. Lastly, in case the answer to question 1 is yes, what would be the procedure to use AC21 in this case. I would really appreciate your responses and guidance on this matter. thanks kas
  5. Thanks LivLiv. Appreciate your response. I have just one more question - in I-94 since there is no end date mentioned, the DS (duration of stay) is decided by what's mentioned in the I-20 (and updated in SEVIS). My spouse's I-20 end date was last week. So, between now and the time when her OPT starts (1st Aug), her stay in the US will still be considered legal - is it correct? Thanks again for your suggestions.
  6. Hi experts, This is regarding my spouse who has completed her MBA coursework last week. As per her I-20, the completion date was yesterday. We applied for her OPT EAD in April and it is still under process. The start date for OPT that we requested is 1st Aug. We have following questions with respect to this. It will be very helpful if someone can answer the same: 1. We are still looking for a job. What happens if she doesn't get a job by OPT start date of 1st Aug? Will she legally get any grace period like 90 days post OPT start date etc to still look for a job? 2. Although the course ended this month, we applied for 1st Aug as OPT start date after consulting the college and keeping some time for searching job. Hope this does not violate any law. Meaning - for the month of July when the OPT EAD application is in process. 3. In the worst case scenario wherein she doesn't get a job, when should be an ideal time to apply for her COS to H4? Any suggestions in this regard will he highly appreciated. thanks
  7. Hi, I am working for company A. Got a new offer in January and H1b was transferred to Company B. After the transfer was approved, I decided not to join company B and continued with company A as it offered me a better position. I requested company B to cancel my approved H1B transferred but they did not do it and I came to know about it last week when they called me again to offer a very good position. This position is very good and am willing to join company B now and they are also saying that they never withdrew my approved H1B transfer and I am good to join them immediately. My question is whether the H1B transfer will still be valid after 6 months and is it ok to join Company B without any issues? Any suggestions will be appreciated. Thanks
  8. hi, i am doing this post again as i am not sure why the earlier post is not showing up. Basically, i am employed with a company A for the last 3years 3 months. my first 3 year h1b visa expired in oct 2013 and was further extended for 3 years (till oct 2016) with the same company A. this company A has also filed for my PERM last month. I got an offer from company B last year and h1b transfer has just been approved but only for 1 year. I have not yet joined company B. Company B has promised to file for my GC as soon as i join them. I have following questions: 1. i have read somewhere that an extension to H1b can only be approved if there is a GC application pending for at least 365 days (not sure if this condition is only for extensions beyond 6 years). Since company B will not have 365 days before my h1b with them expires, can they still file for my extension for remaining 2 years approx (out of total 6 years on h1b)? 2. In case company B does not even file for my GC in the next one year, can they still file for extension of my h1b for another 2 years (approx remaining out of total 6 years h1b)? 3. Since company A has already filed for my PERM and i have h1b approved till 2016 with them, is it better to stick to them so that i will have till 2016 to get i-140 etc approved? the reason i wish to join company B is that they are giving me a better profile. Any suggestions in this regards will be highly appreciated. Thanks in advance.
  9. Hi experts, any suggestion in this respect will be highly appreciated. I am currently working for Company A for the last 3 years 3 months. My first 3 year period of H1B expired in Oct and got an extension for another three years (till 2016) with the same company A. This company has also initiated my PERM application last month. I got an offer from another company B last year and they initiated my transfer which has recently been approved only for one year (till Jan 2015). I have not yet joined company B but they are ready to start my GC process as soon as I join them. I have following questions: 1. I have read somewhere that to be eligible for H1B extension, the GC process should be pending for at least 365 days (not sure if it holds true for all extensions or only those extensions which are beyond 6 years of H1B). So, in case I join company B now and they initiate my GC, it will not be 365 days before my H1B expires. In this case will they still be able to file my extension beyond Jan 2015? 2. In case my GC process is not initiated by company B within the next 1 year, will company B still be able to file an H1B extension for the remaining approx 2 years of my overall 6 years of H1B - this will be the second extension for me within 6 years of allowed H1B, not sure if two extensions within 6 years is allowed? 3. Is it better to stick to the current company A as it will give the entire 3 years (which is already approved) to complete I-140 etc. The reason I wish to join company B is because they are giving me a better job profile. Thanks in advance.
  10. thanks for you replies, they are really helpful. I have one additional question. Is it possible to withdraw or cancel the H4 approval now by requesting USCIS? In case yes, if canceling/withdrawing H4 approval will automatically get my spouse on the erstwhile F1 status? Thanks.
  11. Hi Experts, any opinion and expert comment on this topic will be highly appreciated. We applied I539 for COS for my spouse from H4 to F1 in March and it was approved by USCIS in May. We received the approval notice and my wife joined her MBA course which she is continuing with and wishes to complete (target completion is Dec 2014). Later this year my employer filed for my H1 extension and filed for my spouse's H4 extension as well. When I realized this, I asked my employer to withdraw my spouse's H4 extension as she was already on F1. The employer then confirmed in few days that it has sent an application to withdraw H4 extension application. My h1 extension got approved recently and when I checked for my spouse's receipt number on USCIS website, it says that it has also been approved (though we are yet to receive the approval notice). I have following questions:. 1. Which status will my spouse be in right now? Either F1 which was approved in May or H4 which is approved in Oct? 2. In case she is on H4 now, will I need to submit a fresh I-539 to convert it back to F1? Is I539 really required or a simple application (explaining this scenario and requesting status back to F1) will do? 3. Is there an option for my spouse to travel to India and get F1 stamped within a month or two (without requesting CoS from H4 to F1)? 4. If my employer really withdrew the application, should we wait and see if USCIS works on it now after H4 extension was approved? Thanks in advance.
  12. Thank You again. I appreciate your response. In response to your suggestion for question no.1, I just want to reconfirm that when my current I-94 expires on 15th Oct and say if I join company B on 17th Oct, then company A will withdraw my application and two days extra (16th & 17th Oct) that I worked for company A will be considered out of status. Is this the case or I will not be out of status because for those two days I had an extesniosn application pending for Company A? Thanks in advance.
  13. Hi Jairichi, thanks for your prompt response. I have additional questions and would appreciate if you can give me your opinion on them. The employer (B) agreed to convert my application into premium mode and have done so on 23rd Sept. So, currently the status is as follows: 1. Employer B filed my H1B transfer + extension in April end and converted to premium on 23rd Sept. 2. Employer A filed my H1B extension in May end is currently in normal processing mode itself. Both of the receipt status shows as "Under Review" and my I-94 is expiring on 15th Oct. Now employer B is expecting me to join them as soon as possible. 1. Is it mandatory for me to join employer B before the expiry of my current I-94 or I can join them after that too (in case by that time decision for employer B's petition is still pending with USCIS). 2. Does USCIS send information to an employer saying that another employer has filed a transfer/extension for its employee. I want to avoid any situation wherein my employer A knows about this even before I resign them. 3. In order to avoid any complexity, would you suggest me to wait for the approvals before I join employer B? Thanks in advance.
  14. Hi, my current H1b (and current I-94) expires in mid Oct this year. A potential new employer (B) filed for my visa transfer + extension in April end this year. I did not make the switch because I wanted to wait for the approval. In the meantime, my existing employer (A) also filed for my H1B extension in May end. Currently I am continuing with my existing employer (A) but do want to make a switch to the new employer (B), The new employer (B) says that they will convert my application to a premium processing as soon as I join them. Both the applications were filed under regular processing and both are currently "Under Review" status on USCIS site. Questions: 1. Is it ok to join the new employer B and convert my application to premium processing now? 2. If I plan to join employer B by end of Sept and if they convert it to premium processing, can I expect a decision by Mid Oct (in 15 days or so), before my I-94 expires? 3. Will it be a better choice to wait for visa extension application from employer (A) to get approved and then ask new employer (B) to file a transfer (and also withdraw the transfer/extension petition they filed in April this year)? Would appreciate any suggestions in this regards. Thanks
  15. Hi, I would appreciate any advice regarding whether to start GC filing with my current employer or to join an MBA course (have an offer from a top 25 b-school). Following is my background: Education: Engineering (4 years degree, Mechanical) - India, MBA (2 year full time) - India. Total work exp 9 years (4 years non-IT before MBA and 5 years IT post MBA) Options: 1. To file GC with current employer who is ready to file GC but I am not sure about the category. I am assuming it be EB2. 2. To join a two year MBA course in US (already have an offer, university is top 25 in US) and then join a company and try for GC. I need advise on following questions: 1. From my profile (education and expe), in case the job description permits, will I fall under EB2 category to file with my existing employer in US? 2. Will there be an advantage from GC processing timeline point of view if I join the MBA course post which my then employer files for GC under EB2. (also considering immigration reform bill). 3. Will an MBA in technology management be considered under STEM classification? If yes, will doing this MBA be better for GC? Please ignore financial aspects while advising on above options. Thanks in advance.
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