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About madhu418

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    Advanced Member
  1. You are not clear on one thing. when you plan to join the client. 1) when your I140 is approved or 2) as soon as possible For consideration if you plan to join client immediately, Ask your client to file for LCA and PERM together. ONce LCA is approved they will do your H1B transfer which you will get an ext for 3 years based on your previous approved I140. PERM takes 4-6 months with no audits and you will be good to apply for I 140 with approved PERM. since you have three years on H1B In case you plan to join client only after I140 approval, then the best way is to ask client to apply for PERM as soon as possible and then after 6 months or when approved apply for I 140 in premium processing. once you get approval then ask them to file for LCA and then H1B transfer. this option will take any where between 9-12 months. so you should be okay to stay with current employer. If it is not approved within a year from now, then ask your current employer to apply for H1B ext based on I 140 approval and you will get 3 years. This is what I would do. I will join the client once he has shown me proof that the PERM and LCA are applied together. and then apply for H1B ext and then port the priority date. I think (please verify) that employer need not withdraw their I140 or cannot. so if you dont get approvals either PERM or I140 with client then ask your previous employer to transfer your H1B and join him. Usually no client will be interested in waiting for an year for an employee to join. so make your best judgement,
  2. request C to apply for H1B in consular process, then go for stamping based on their approvals and come back to US to work for C.
  3. hey aru_unique, i received I797B for H1B approval. I then went to Mexico near san diego border via land and got a enw I 94. i am starting my work on dec 16th. hope everything works out for you. all da best.
  4. madhu418

    H1B transfer, out of status, URGENT

    hello sugarH, I was in a similar situation and I went to san yasdiro border and got a new I 94. You current situation is not clear enough to tell if you need a new I 94 and visa stamp too. below was my situation and how i resolved it. h1b visa stamp valid till oct 2015- employer laid off on aug 12th 2013- employer A got a job through consultancy compnay B- joined based on receipt on 9/16/13 got another full time offer on oct 11th from company C. Company C lawyer suggested to apply H1B transfer in consular process. applied and got approval. ended my current work at B and then went to Mexico/California border on Dec 11th, explained to IO officer that I need a new I 94 to be able to work for new employer and showed new I 797B. he issued me new I 94 and am starting my work on Dec 16th. going to canada requires a visa and it takes at least 4-6 weeks to get it. so think about that. if you have a valid visa stamp for atleast 6 months, i would suggest that you either go to mexico either by land or air and return back. if you have too many concerns then I suggest travel to jamica (non neighboring US country) as you dont need a visa being an indian and then come back. If you dont have Visa stamp, then go to home country and get stamping done.
  5. madhu418

    I 94 validity question

    also, do a little more research on the visa validity, I read some where that you need to have atleast a six month valid passport and also visa to be able to enter US if you need to stay beyond that period.
  6. hello All, My experience visiting mexico for getting a new I 94 bcoz my petition for H1B transfer was applied in consular process. I was there on Dec 11th 2013. at 9 am on the parking lot opposite to burger king, san yasidro, CA. i parked my car there for $8 a day. I wasnt sure how to go out of country but asked few people there and they directed me towards the double rolling gates. once i got out of those gate after stepping out of the building, I took a right and saw a huge line for people entering US. i went straight to the US entrance building gate and told security that i need a new I 94 and they directed to the office. there was no waiting inside. you have to pay for I 94 as soon as you enter into this building (at least the note says so and I did). i then went to IO officer and he asked why i was here (after checking my current I 94 which expires on oct 10 2015), I told him that I am here to get a new I 94 to be able to work for new employer. He said okay and then asked me name of company, what they do and will I be considered electrical or electronics engineer. we had a pleasant chat talking about the confusion that university degrees create between electrical and electronic engineers. he issued me I 94 and I was all set to go. he gave I 94 valid date until Nov 2016 based on my H1B approval. I was able to get back in line and be in Us by 9:44 AM on wednesday. I later found out that my last name has been printed twice on I 94 and went for correct on 12/12/13 at 630 sansome st, san Francisco, ca. The officer correcting my name took some time to verify if my visa and passport are genuine bcoz i mentioned that i went to mexico border to get a new I 94 to be able to work for my new employer. overall my experience was very friendly and all officers I met during this process were knowledgeable and helpful.
  7. madhu418

    Post Decision Activity to Acceptance

    if the courtesy email notice has I 94 number in it then does it mean that approved petition will have I94 attached to it? any experiences from your previous petitions is much appreciated. Shilpa, contact your attorney and find out if they have recevied approval notice via mail and they asked USCIS to ammend it after they fond some mistakes on your approved petition. this is only a possibility and your attorney should have all details.
  8. hey Aru_unique, i received an approval courtesy email from USCIS today. file don Nov 8th, recipet date nov 12th adn approval date nov 26h CSC center. From what i read from other posts, a small gap in employement should not affect you. because, you will need to even relocate between jobs and that would be considered okay. I have a question about the courtesy email from USCIS, if the email has an I 94 number in it does this mean that the approval came through with an i 94 attached?
  9. madhu418

    H1B transfer to two employers in parallel time

    if you are interested in joining C, then you should wait for approval from C and then join them directly after terminating your employmen at A. Also, more details about your current status and employment dates will help us to let you if you come under a bridge petition. currently from what is mentioned you are not.
  10. hey Vikas, when crossing borders via land you receive a paper I 94 form and you have to pay $6 for it. for renewing I 94 based on passpoert expiry you dont need to stay out of us for long. you get an i 94 lets sa until dec 2013 because your passport exipry is dec 2013. if you have renewed your passport, then you go to the border mentioned in this post and tell the officer why you are re-entering and the officer will issue a new I 94.
  11. madhu418

    H1 approved, Change of status denied

    congrats. and thank you for updating the forum.
  12. madhu418

    H1B transfer to multiple employers

    1) if A has sent aready a notice to USCIS to revoke your H1B, and the number of days between your last day at A and the Company C filing is less than 15 days then you can join C directly even with a recipet notice (my personal suggestion not from a lawyer). 2) if the gap is more than 15 days, then Join B to make sure you are not violating the status issues. I would suggest pay B for PP service and get it done, if C is still working on the LCA and the lawyer is delaying it. You can always ask the C attorney to wait for a week or two. 3) to make sure you are never out of status, join b immediately and then if you dont wish to pay for B's PP or B is unwilling to do PP, then Ask C attorney to file for Consular Process based on B's recipet notice and the past pay checks, this will get your H1B approved for C and after receiving approval you will have to exit and re-enter US to be able to work for C. Most good attorneys will not ask encourage to file a bridge petition and you fate will be dependent on B approval if this is the case.
  13. Hello all, I have read some threads about renewing I 94 at Otay,Mesa (San diego and Mexician border). Recently, I did not see any individuals posting their experineces in getting a new/renewal I 94. Please update any info you have and recent process changes at this POE. I am currently working based on a recipet and my new employer filed for H1B as CP stating that he did not want to do Bridge petitions. Currently, i am not sure if I have to visit Mexico to get a new I 94 or go to Jamaica. Please suggest what might be best way to exit and enter. I currently live in MI but the new job location is in Bay Area, CA. Also, please verify if the follwoing info is correct. 1) travel by foot across the Otay, Mesa border doesnt require a Mexico visitor Visa and the process to get a new I 94 varies from 2 to 5 Hrs. 2) If, travelling to Mexico via air, then do we need a visa to enter Mexico, if I have no intentions of staying in Mexico for more than a day or I have a flight booked for later that day back to US.
  14. guyd who had their inteview at jamica, can you please your experiences regarding 1) stamping, 2)final work site location, 3)POE immigariton and questions asked by CBP officals at poe. Appreciate your efforts in education forum members..
  15. madhu418

    Lay off - H1 Revoked

    hello pratik, i am in a similar situation and my new employer filed for H1b in CP. as you mentioned in your post you went to mexico/canada and then re-entered into the country to get a new I94. My questioan is with POE questions. I have seen from some memebers of this forum that the CBP officials ask for proof of employement if the stamping and the I797 forms dont match. Were you asked such a question before and how did you answer it. Also, currently, getting a visa to Canada is taking 4 weeks, so i was planning on vising Jamica as it doesnt require a visa for India nationals. the POE imigration will occur at your first airport after you enter into US from Jamica. No one mentioned about concerns or questions asked at POE, do you have any idea or info about the questions asked at such airports when you enter from Jamica. I was laid off on 08/12 got a job offer on 08/26 but the back ground, LCA and every got delayed and only applied for H1B tansfer on 09/12 and I started working based on recipet starting 09/16. currently a new full time employer filed my H1B transfer petiiton on CP based on current recipet notice and h1B approval. So i will have to exit and enter US I am not sure what will be asked at POE.