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Everything posted by avlesk

  1. I am on H-1B with approved I-140 and am already on the 7th year with a priority date set for 2015. I foresee myself having to take care of my parents in India about 5 years from now. If I leave to India for good in 2024, how does this impact my H-1B and I-140? Will it become invalid and should I visit U.S by applying for a fresh H-1B in the lottery? Will a future employer be able to use my current H-1B by sponsoring it (assuming the current rules and laws as the same)? P.S: Both my kids are U.S citizens.
  2. avlesk

    H1-B Exit notice

    In US, employment is at-will. at-will is represented as something that can be done at anytime. Generally, people provide 2 week notice as a courtesy. However, there is no obligation for the employer to provide you a detailed experience letter. If Company A recruited you from abroad, there is a chance that they may not provide you an experience letter or similar letter in future for your GC processing. Just check on this aspect from previous employees. An experience letter signed on company letter head is quite useful for responding to I-140. I gave a notice period of about 1.5 months by taking a risk when my H-1B with the new employer was still getting processed. However, it was way back in 2014. I would not recommend it now given that premium processing had been suspended and that there is an increase in RFEs and denials. Always, wait for your H-1B approval copy and give proper notice (at least 2 weeks) if you are not subjected to any other notice like 2+ months. and always consult a lawyer
  3. Just an update - We got the stamped passport yesterday.
  4. avlesk

    H1B denial after I-94 expiry

    Can your employer not file an amendment petition reflecting the actual salary that you are receiving? The difference is large and does not explain why he/she would have filed an extension petition with an incorrect salary.
  5. Both me and my wife got visa stamped in August 2017 when we were in India for my old employer. After that, I alone traveled to U.S while my wife stayed back. I came back to US and transferred to another employed through H-1B transfer and got it approved. To reflect the latest visa approval on her passport, my wife appeared for drop box visa stamping once again although she can travel on the existing visa stamp with old employer. Yesterday, she collected her passport with 221g that asked her to submit a copy of my (husband's) latest visa OR alternate documents proving that I am in US currently and also appear for consulate interview. She did carry all the documents including my visa copy , pay stubs, lettter from my new employer for her dropbox interview. They did not ask for them and collected only my latest I-797 petition along with the previous one. May I know what kind of documents in addition to my visa copy that she needs to carry to prove that I am in US currently? Once she submits them tomorrow, how much time will it take to process?
  6. Thanks. My wife attended the visa interview last week and submitted my visa stamp from the employer with which I traveled to the U.S. They accepted the passport and today I am seeing the status as "Passport has been received from the consular section, and is currently being processed for delivery". I presume it is all set and that we will be getting it soon.
  7. Hi, 2018 will mark the beginning of my 7th year on H-1B. I already have approved I-140 from my old employer with H-1B transfer approved until 2020 for my current employer. My new employer will most likely start the I-140 process later this year. My wife is on H4 with EAD. Both of us have bachelor degrees. Now, we are planning to do part-time masters in one of the accredited colleges in the U.S. We would like to know if this will jeopardize our status in anyway. Are we allowed to study part-time whlie staying/working on H-1B and H4 EAD? If yes, will it affect my approved I-140 once I complete the course successfully? What other implications we might have to endure due to this?
  8. I had my H1B visa stamp in India around August 2017 and it is valid until 2019. I came back to US and changed to a different employer. My H1B transfer also got approved with new end date of 2020. Now, I have an urgent need to travel to India in few weeks. Do I need to appear for visa stamping (dropbox) once again or can I travel with my existing visa stamp of my old employer?
  9. Hi, I am working for employer A and have approved I-140 with them. My current H1B is valid until 2019. I have scheduled for a dropbox and planned my trip to India from September 1st week to October 1st week. Now, I got an offer from a new employer who is willing to transfer my H1B. It is a pretty good offer and I don't want to miss it. Since H1B premium processing is not available, what are my options? If H1B transfer is filed before I leave the country in September, can I still go ahead and do the dropbox in September with employer A petition when H1B transfer is still in progress? P.S: I can't cancel my India trip as I have legal obligations in India to take care during that time.
  10. i.e., I don't want to take the job if I risk losing my status as EB2
  11. Team - I have approved i-140 (EB2) from my current company with job duties 'x'. I am planning to join another org within the same company with job duties as 'y'. On my principal H1-B, I still have 2 years pending out of my 6 years. If I take the new job with job duties 'y', should I re-apply pERM? I have 10 years experience which can match my current I-140 job duties and my current job. But the new job is 50% different from my current job and I don't have the required experience for that. If I take it up, should I re-file my PERM AND I-140? Will it get downgraded to EB3?
  12. I was provided I94 till my PP expiry date which is end of this year. My visa is valid till end of 2016. How can I extend my I94 after renewing my Passport? Is exiting and entering the country the only option?
  13. avlesk

    I94 Extension after PP renewal

    Ranjit and Vishal, You can visit the below link and download the deferred inspection site list from the right side. This is what my attorney shared with me http://www.cbp.gov/document/guidance/deferred-inspection-sites. There is no appointment required. I just went to the Boston CBP office and entered my name. After waiting for few mins, the officer asked for my current passport. I explained her that my passport is currently valid for 8 months but the I94 had been given by mistake till PP expiry and not until the visa validity. She took it and asked me to wait outside (we are not allowed to wait inside). After that, she came and delivered the corrected passport and the new I94. It was reflecting electronically as well. Please note - Your PP should have been valid for more than 6 months at least for this. The CBP office didn't encourage phone calls. They won't listen to your issue over phone and would ask you to come and visit their Deferred Inspection counter
  14. I am on H1B and currently my labor is getting filed. I have a question on the job code used. My current H1B occupation title used in the LCA was "Computer Occupation - Others". In my GC ETA 9086, the occupation title is "Software Developers, Applications". But I do see in ETA 9086 that alternate experience in a relevant field is accepted and my current job title is quoted. Will this be a problem in getting labor approved?
  15. If your notice period is 1 month, you need to serve it. You can give notice once the receipt is filed but you risk your status if the new H1B transfer ends up in RFE or gets rejected. Please read my post in the below thread. That's how I did it. There is a slight risk involved. http://forum.murthy.com/index.php?/topic/75088-serve-notice-period-to-old-employer-and-working-for-new-employer-after-h1b-transfer/
  16. avlesk

    I94 Extension after PP renewal

    Per my attorney's advice, I went to the CBP Deferred Inspection office and got my I94 corrected to the full period of my visa. I understood from my attorney that the CBP office will provide full I94 if the passport is valid for more than 6 months. He can cut it short to passport expiry only if the validity of the passport is less than 6 months. In my case, at port of entry the officer gave I94 only till passport validity by mistake. Quite relieved now.
  17. My passport is expiring in the next 11 months. I'm planning to go to India for stamping March. So, I will be left with 8 months left in the passport while appearing for stamping in March. My H1B visa/I94 is approved for the next 2 years. My questions are if I appear for stamping now, will they stamp the visa only till the validity of my passport? In case they stamp it till the end of I797 approval (2 years), will the new I94 to be issued at port of entry be limited to passport validity on re-entering US? I want to understand this better so that I can decide in renewing the PP Now itself or later after returning from India. Please advise.
  18. Thanks everyone. I couldn't renew my PP before going for my stamping in India. However, I did get visa for the entire period approved in my I797. But in Port of entry, the officer gave my I94 only till my passport expiry. :( I'm going to renew my PP shortly. My I94 is valid till this November 2015. What options do I have to extend the I94 date? Is exiting and entering the country the only option for this?
  19. What do you mean by "leave letter from employer"? Do you mean exit letter from the previous employer?
  20. Hi everyone - My stamped US visa on passport expired on Jun 2014. Before that I changed my employer through H1 transfer and the new I797 is valid tlll 2016. I am staying in US on the new I94. I am trying to schedule my H1B visa stamping appointment in India. In the appointment portal, it is asking me the following question. // 1. Do you have a previous H1B visa (temporary occupation, temporary worker or trainee)?// Does this refer to only the valid visa stamped on passport? In my case, this expired in 2014. So, should I answer NO? Or extension of status through I797 means having previous H1B visa. In that case, should the answer be 'YES'?
  21. I went through this recently. I was told by my new (current) employers' attorney that I can start working once the H1B petition documents are received by USCIS [FedEx approval]. So, I went ahead and gave notice risking my status. Fortunately the new employer is a big Fortune 100 company and they did everything perfect and H1B got approved within 4 days. Even after approval I continued to serve the required notice period with my old employer and exited without issues. But the issue here is that you are on bench. My suggestion is that you upgrade that to Premium , get it approved and join after 2 weeks. In that case you are safe. even if your old employer revokes your H1B you are good. [but I was told by my attorney at that time that even if they revoke, it is not an issue as USCIS has received the petition. the risk here is if your new petition gets rejected for some reason. Make sure your employer is not a bodyshop company and are indeed a great fortune xxx company. depends on credentials a lot
  22. avlesk

    H1 Transfer and Health Insurance

    Hi, I'm on group health insurance with my current employer A. Company B is planning to file my H1B transfer but they start providing group health insurance for new employees only after 30 days of joining. My questions are.. 1. Can I buy individual health insurance separately for a month during the first 30 days alone for my family? MY wife is pregnant and want to know how to get it for our family for that period alone. We are moving to Boston. 2. During the notice period to Company A, can they stop my insurance within that period so that instead of 30 days, I should plan to get it for 30+notice period days? Are there any legal implications to this? Selva
  23. When I did my H1B transfer, my attorney told me that it is perfectly safe to resign once you have got the confirmation from FedEx that your documents have been received by USCIS. It took me a week to get the receipt notice under normal processing.
  24. Hi, Recently I transferred my H1B to a new employer. Along this, we file H4 for my wife. Both got approved. From USCIS, we received only I797C notice for my wife with approval dates without i94 card attached to it. But from the attorney we got the email notice of both h1b and h4 approval notices with I94 card in them. Does USCIS sends the original hard copy of the I797A notice with I94 card for H4 after sending the I797C notice initially?
  25. avlesk

    Over stayed with out knowledge...

    Does this mean you came to US on H1B with an initial I797 approved till 2011 but you were granted I94 only till 2010 at that time. Or you came and then you applied for extension and got the new I797 approved till 2011?