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balajimcat

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About balajimcat

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  1. I understand the transfer is a word and literally it’s new employer getting new petition for an employee. but if A is current company and got petition approved by B based on A petition data and joined B. After a week of joining B can another company C use A’s petition reference to get the transfer for the employee ? (Consider A petition is not revoked on the day of A >> C applied)
  2. balajimcat

    H1 Transfer after layoff

    What did you hear from your consultation ?
  3. H-1B transferred from A to B and joined B after approval. One day before joining B, transfer from A to C applied. is transfer from A to C in this way allowed ? is Joining C allowed if transfer from A to C approved ? Or do C need to transfer from B ? Thank you
  4. balajimcat

    Urgent: Employer change multiple transfers

    Hi. Did you join C ? What was your next steps ?
  5. I assume your employer in USA sent to India for stamping and knew you are in India for Visa Stamping Knowing that you are not in country employer cannot issue such notice unless you flew without proper notification This behavior of your company is against Labor Law in USA and you can sue the company or invite for a discussion with your HR to sort it out You should not be considering their decision of end date If this is Indian Company then its know fact they do this often but the moment you invite for a meeting they will consider to honor law and be safe at legal
  6. balajimcat

    H1 B Withdrawal from new company impact on H4-EAD

    As long as you haven't joined the Company B even for a day and your name is not on Company B payroll means your Company A H1B and its linked others are not impacted Company B H1B and its linked others comes to force only after joining Company B until then Company A is your in-force sponsor
  7. Please suggest..

  8. 1. Company A filed an H1B and got approved. Traveled to the USA on Company A H1B in June 2016.

    2. In the USA, Company B filed H1B transfer in July 2016(regular process). 

    3. With the receipt number, I started working with a client for at least 8 months.

    4. In the month of Nov 2016, I got an RFE which they responded(Company B) in Feb 2017.

    5. In mid of March 2017, I moved a new client from the same employer B and started working as usual. 

    6. 8th May 2017, My H1B transfer has been denied from the employer B due to one of the improper in-house project documentation.

    Note :

    1. Still, Company A H1B not revoked and it still valid until 23rd May 2018 and I-94 Valid Upto 2nd June 2018.


    My question here is:

    1.  Now Employer C is filing my H1B. Is this valid scenario and can I stay here legally and work with employer C receipt number?

    2.  Is the new 60 days grace period rule apply for my case.

    3.  My spouse having valid H1B and she is working. Now can I eligible to change my H1 to H4 without traveling to INDIA.
    4.  My daughter H4 is on my H1B. Can we change my daughter H4 from my H1B to my spouse H1B without traveling to INDIA?

  9. balajimcat

    H1B Transfer Denial

    What to Do After Denial If your petition for H1B transfer is denied, there are several steps that can be taken to go around this depending on the reason for the denial: Your employer can file a different I-129 petition on your behalf. In order to find supporting evidence to subvert the previous transfer denial, it is best to seek the counsel of a qualified immigration attorney. If your transfer petition was denied because of improper documentation or a payment problem, you may be able to refile and seek approval provided that the mistake has been fixed. If your employer will not file another petition on your behalf, you may want to consider seeking an employer who will file. Fortunately, the Federal Register’s final rule gives H1B holders 60 days following the end of their employment to find another sponsor or transfer their status
  10. balajimcat

    Consular Processing

    you can process for H1B but you cannot work right away as you are in B1 which is not work permit Still lost with your explanation as how did you process for H1B while you are here on B1 visa ? Consular processing is not a risk, its just as simple as any other visa stamping to be done only at home country You cannot stay anymore in USA legally as you said you are here on B1 and B1 cannot stay more than 3 months / 90 days failing to may result in rejection any sort of visas in future for misusing the provided visa I am still not sure why did your employers made you to start working on B1 while waiting for H1B Technically any work visa first time to be processed and stamped by home country and that may be the reason you are asked for consular processing
  11. your approved i797 should describe if its consular approval or not, if it says the exit and enter usa is a rule again, you have visa stamped previous which is valid till 2017 and same as i-94 here visa is valid but not i-94, because as soon as your new h1b is consular approved means all your existing i94 is void, meaning you need to exit and re-enter, this can be done either going to Canada/Mexico on transit visa (drive thru the border and while re-enter meet US Consulate and get the new i-94 if want to know literally need to go India and re-stamping: i had discussion with my attorney and they say it will be explained in petition approval mail to petitioner explaining what to be done next, 1. uscis would say exit and re-enter with new i-94 (means just Exit and Re-Enter) 2. your new h1-b is approved and the same details are sent to US Consulate General office, you are not eligible to work with this petitioner until you get re-stamping approved at the US Consulate Office according to the job requirements mentioned with this petition (means, exit, attend visa interview, get stamped and re-enter) here again, it does not say whether US Consulate in India or anywhere possible, so your company will decide where to send your application of visa interview, at this point of time please discuss with company and company attorney about Going to India/Canada/Mexico Many experienced company sends to Mexico/Canad, few without much knowledge send to Parent Country Canada and Mexico is cheap, easy and in 3days you can re-enter PS: not sure who has to pay for all these expenses of travel/hotel during re-stamping
  12. balajimcat

    Grace Period after H1B Denial ,I-94 Expired, MTR Open

    10months of pending status means you and your attorney owe responsibility to ask uscis nearly after their 2months of grace period, if no response at 3rd month means you should have done an alternative, if running thru RFE's then its understandable good luck @vsarojraju2002, this is not end in anyway, just a bad timing
  13. balajimcat

    Grace Period after H1B Denial ,I-94 Expired, MTR Open

    Technically USCIS has no word as grace, so everyone says it as zero days, yet on consideration of couple of family/personal reasons like medical, school, you can take time up to 10days (if medical upto 30days is fine but you need to be certified about medical condition from Doctor) (Personal like: my friend had applied for ITIN of his kid and SSN office has asked for original passport, even after a month from h1-b denial he is legally here in USA and has mail exchange from SSN as wait until you get passport and the same is communicated to uscis) zero does not mean you book flight next second and stand in airport next minute it actually means exit as soon as possible taking minimum amount of time, so if taking 2months, 6 months means questionable at your next visa stamping
  14. as soon as you leave USA your i-94 records changes comparing to the one you provided while h4 extension application, hence the mismatch, you need to consult your attorney and update the history so they will amend with updated details about they are not in USA after file date, so USCIS will re-visit, check if your attorney if they received any RFE and did not answer in time
  15. balajimcat

    Lost job while on H1B

    Apply for F2 or H1 transfer from consultancy (you can pay for now until they place you if you know some close known) on the date of filing h1 transfer means you are not out of status, yet USCIS considers upto 30days of no status (no written rule) between previous h1b revoke date and new file date, if more than 30 defintiely you need to exit, stamp and re-enter, if less than 30 days chances of considering with new i-94 are more good luck, email me i will see my consultancy can help
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