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About richesh07

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  1. richesh07

    I140 Approved, change employer and H4 EAD eligibility

    My understanding of AC21 is that H1B will be extended for one year if Perm is pending for an year or I140 is filed. Now, if I switch an employer when my maxout is nearing with I140 approved. If my H1B for new employer is approved, on what rule it will be approved if not AC21?
  2. Dear Members, Please review my case below and reply accordingly. It will be really helpful. My H1B is maxing out in July 2016. I have an approved I140 from current employer. I'm planning to change employer in Jan 2016 so that I can get Perm filed later on through new employer. Additionally I'm looking for H4 EAD for my wife through the new employer based on AC21 rule and not through I140 approval rule. My question is in above scenario, will my spouse be eligible for H4 EAD if my new employer files my Perm the day i join them? Also, as per the document requirement for H4 EAD under AC21 rule, i need to show a proof that my employer has filed my perm 365 days before H1B maxout, in this case if my new employer files perm in Jan2016 it will not be 365 days before maxout date. Please reply with your expert opinions. It is much appreciated. Thank you!
  3. I think if your PERM is approved or filed, you can still get H1B extended by 1 year every time you file an extension. If I140 is approved, you get 3 years of extension. If my new employer files PERM as soon as I join them now, could i not be able to get extension by 1 year as PERM is in process ?
  4. Hi All, I have a question on my case, request you to pleae guide me on this. My L1B got maxed out on April 30, 2015. I travelled to Canada in April 2015 and got my H1B stamped till April 3, 2016. Now I'm on H1B status. My Employer 'A' has filed PERM in EB3 (priority date Sep 2013) and it got approved on April 2015. I'm waiting on them to file I140 now. I want to change my employer now. My employer has told me that they will revoke I140 within 2 months of job termination. I have got below scenarios, Please guide which one is best to chose. 1) Change the employer now as I'm still left with 8-10 months on H1B and ask new employer to initiate PERM in EB2 which will give me a new priority date but in EB2 category. 2) Change my employer after I140 is approved and ask new employer to transfer the priority date in EB2 category this time. As my employer will revoke I140, my new employer needs to file PERM as soon as I join them. Not sure whether it is possible. But I can see a riks here. Appreciate your help with regard to this. Thanks!
  5. Hi All, I came to the US in Jan 2009 on L1B, It maxed out in April 2014 (with approved H1B Consular processing) and I went to Canada get my H1B stamping done. I got it stamped till April 2016 as my PERM is in process. Now, I've maxed out my L1B+H1B but I'm still having valid H1B visa. I want to go out of the US for an year and come back again to get the H1B clock reset. My question is, I'm going out of the US for an year and if I want to come back to the US after an year, will I need to apply for my H1B under Cap or my H1B will be cap exempt as I have not fully utilized 6 years on H1B? I however did use 5 years on L1B + 1 year on H1B. Please advice. Thanks, Richie
  6. richesh07

    L2 to H1 and L2 to H4

    Hi, I'm on L1B and my wife is on L2-EAD. My ma out date is 04/04/2015. My current employer is filing H1 for me in April, 2014. They want to file H4 for my wife as well at the same time which will be effective Oct'2014. My wife is on EAD and currently works for an employer. Her employer is filing her H1B. 1) My first question is " What happens if my wife's employer files H1B for her and my employer files H4 for her in April'2014 ?" Can she get both approved and chose to stay on one ? Or this may result in both H1B and H4 rejections ? 2) Secondly, What happens if I get only her H1B filed and it gets rejected? I believe she will still hold L2 status till Oct'2014. Can H4 be still filed anytime between April'2014 and Oct'2014 once I get my H1B approved ? Thanks!