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USA2013

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About USA2013

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  1. USA2013

    H1B denied - new VISA

    My i-94 expired Dec-31-2017, Extension was applied Dec-19-2017Converted to premium processing before 240 days in Aug -2018, got an RFE and submitted response in Nov Dec-6-2018 got a denial My employer lawyer is recommending he will file another VISA extension ASAP in Nebraska in premium processing. Question is do I have to be in USA while extension is filed or can i travel to India while extension is applied so that i do not accure any unlawful presence ?
  2. My i-94 expired Dec-31-2017. Extension was applied Dec-19-2017 Converted to premium processing before 240 days in Aug -2018, got an RFE and submitted response in Nov Dec-6-2018 got a denial Question is 1. Since when my unlawful presence is counted ? 2. Since when am I out of status ? 3. How many days I have to leave the country ?
  3. My i-94 expired Dec-31-2017. Extension was applied Dec-19-2017 Converted to premium processing before 240 days in Aug -2018, got an RFE and submitted response in Nov Dec-6-2018 got a denial Question is 1. Since when my unlawful presence is counted ? 2. Since when am I out of status ? 3. How many days I have to leave the country ?
  4. My current VISA H1B stamping expired on Dec 25, 2015. However my VISA extension was applied 2 days before on Dec 23, 2015 in premium processing. My extension and I-797 got approved in 1 week. But the employer has only given me a receipt of the application extension and not yet given me the approved I-797 copy, they say they need 2-3 weeks of time. I already have got an offer from a new employer. My question is with approved I-797, but not having a copy of the same can i switch to new employer with only application receipt. Is it mandatory to have a copy as well ?
  5. USA2013

    Did my clock reset ?

    Hello Folks, I worked on L1B VISA for a couple of years. Then I went to India for about 11 months and came back on dependant VISA H4 for 3 months. Then I started working back on H1B VISA. Please see the tables for details. My question is : Did my clock reset when I started on H1B or since I entered back on H4 within a year (11 months), my clock did not reset ? I wanted to know if I have about 3 years left or 5 years left on my H1B ? Please guide Visa Type Date of Entry into USA Date of Exit from USA L1B 4/21/2010 4/17/2011 L1 B 7/9/2011 6/19/2012 H4 6/2/2013 8/26/2013 H1B 9/28/2013 Till Date
  6. Hi, My priority date is Apr 22 2014 (Perm was applied). My PERM got approved on 9th Sep 2014. However, my employer for whatever reasons is saying that they will apply for I-140 not before January 2015. My Question is : Will delay in I-140 submission overall delay my Green card processing eventually ? Meaning as long I-140 is applied within 6 months of PERM approved, my clock will always be from the day of my priority date , which is 22nd April in my case, right ?
  7. Hi , Thanks for responding. I will talk to the attorney. Just one last follow up question Is letterhead complulsory?. I mean the former colleague may not be able to arrange for a letterhesd since the compnay may not provide one. Is there any other workable option like notary or anything ells Thanks, Bhavesh
  8. My previous employer is not giving me an experience letter. What are my best options as i need to apply for I-140 ? What are the exact steps. Please advide
  9. I have B.E Computer Engineering degree (4 years) from India No Master's degree I have 9 years of total expereince (4 years in India, 5 years in USA) My lawyer is filing for my PERM process with future employment role of "Software Engineer" for an employer I joined 6 months before My question is: Am I eligible for EB2 with no Master's degree, but 9 years of experience in total and future title role of "Software Engineer" for PERM for an employer I joined 6 months before ? Please Note : I read through forums and some similar questions but couldn't understand with varied replies, so request to please answer for my specific case
  10. My labour (PERM) was applied & filed in April 2014. Is there is a website or a link ( please provide the same) to check which month current labour(PERM) is being processed ?
  11. I do not have Master degree in U.S. I have a Bachelor's Degree (B.E) - 4 years in Computers from India. I have 8.5 years of total I.T experience,4 years in India & 4.5 years in U.S Am I eligible for EB2 ?
  12. Hi, I am currently working for employer A and plan to quit on Dec 27th. I am switching to employer B. With new employer B, LCA has been filed and H1B transfer has also been filed and I have a valid receipt in hand. Question: Can I quit employer A on Dec 27th and plan to join employer B on Jan 6th ? Is a gap of 2 weeks with no salary from either of employer or no work permitted ? OR DO I have to technically join the employer next working day ?
  13. I am currently working with employer A and my current I-94 will expire in 3 weeks. My current employer A is not filing for an extension. If I don't find a new employer before I-94 expires, my plan is to switch to H4 before that (since my spouse has H1B) I have 2 years left on my H1B ( per 6 year limit) Can I move back from H4 to H1B if I find an employer later ?
  14. Hi, My current I-94 expires in February 2014. My current Employer A has just filed for extension I have a new offer from Employer B who is now ready to file H1B Transfer cum extension. My Question is : 1. Will it be unsafe to switch to new Employer B since USCIS will eventually have two applications .. one from current employer A for extension and 1 for transfer cum extension from employer B ? 2. If employer A plans to revoke my H1B or H1B extension when I plan to quit, will I be safe to switch to employer B if I have a valid petition receipt, but decision still pending with USCIS. Thanks, Bhavesh
  15. My current I - 94 with present employer has expired. My H1B extension with employer A has been filed My question is : I received an offer from an employer B. Can switch to new employer B when my current I -94 has expired, but extension is in progress with employer A Thx in advance
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