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Everything posted by Shurap1

  1. Shurap1

    AOS Valid - L1A Denied

    Why was extension denied? While you can work on EAD but depending on why your L1A was rejected there are chances that you 485 might be as well get rejected or get higher scrutiny esp. during interview, possibly they can revoke I140 if found fraudulent.
  2. Is it really possible to stay in India for 6 months on visa? I thought limit was 90 days.
  3. Shurap1

    Downgrade to EB3 or stay in EB2?

    Everyone ran to take flight (EB2) as it goes faster than train (EB3) and not everyone could get on the flight so there got to be more waiting whereas now trains are running empty and probably may take you to your destination faster. EB3 never moved beyond 2007 earlier and in all these years many people moved to EB2 queue, leaving lot lesser people in the EB3 queue and much lesser filing in EB3 due to amount of wait times. Seems like people who stick with EB3 from 2010-2012 may get GC much faster but it all depends on how many abandoned EB3 train to move to EB2. Take a look at pending 485 inventory report to get the idea.
  4. Shurap1

    Confusion Regarding Priority Dates

    This does not seem to be a typo but processing error entirely and cannot be just fixed with interview as they have clearly told you that your application is categorized as EB2 and EB1. Your application is incorrectly categorized and this needs to be fixed and with lawyer seating around definitely is an issue. I would ask your attorney to follow up proactively else would change the lawyer. Alternatively you can also take consultation with Murthy law firm to understand what can be next steps to get this fixed.
  5. Shurap1

    Confusion Regarding Priority Dates

    Was same A number used on I140 application of EB1 that was there on EB2 I140 approval notice? If this is not done then cases do not link automatically and PD will not get transferred. Check that and get lawyer involved to get this interlinking done.
  6. Shurap1

    Confusion Regarding Priority Dates

    What was final action date for EB1 on Oct-31-2018? It may not be current on that day.
  7. Shurap1

    H1b rfe

    You have not given much details of RFE here but it seems like you (or employer) need to prove how your job qualified as specialty occupation? How the work you do relates to your academic credentials? IMHO with "bachelors in commerce n MBA in marketing" degree and job of computer system analyst it is going to be hard to justify.
  8. Shurap1

    H1 Transfer : Contracting to FTE

    Your previous employer may revoke the H1B after you leave so going back may not be an option.
  9. Shurap1

    Traffic Voilation- N-400

    Do NOT provide the information that has not been asked for.
  10. Checkout 485 trackers on google to understand trend.
  11. You can work with H1B receipt notice so I see no issues here.
  12. Shurap1

    Docs required for N400 Interview

    I would also take current and all old expired passports, birth certificate and marriage certificate. Also make sure your wife understand a bit about tax returns; basically a differentiation between state and federal tax forms. Also she should know her social security number which interviewer officer may want her to confirm while going through N-400 form. All the best.
  13. OCI does not grant Indian citizenship. Also India do not allow dual citizenship but USA do.
  14. Yes it is certainly more than year since last couple of months for many USCIS field offices.
  15. Unlike H1 visa, E3 is not dual intent visa so applying for GC on E3 visa can be problematic. Also chargeability goes by your country of birth and not by your or your son's country of citizenship. Read here for more details: https://www.murthy.com/2016/03/28/cross-chargeability-in-green-card-cases/
  16. Shurap1

    Eligibility Under STEM

    Not sure how can you enrol in MS in Computer Science program as your background seems to be in accounting?
  17. Shurap1

    Company Layoff

    Not sure what is the agreement here, but in US generally it is "employment at will" which is an agreement you sign at the time of joining and with that they can let you go at ANY time. Severance package unless mentioned in your offer letter would be completely discretionary.
  18. Shurap1

    H1B Amendment RFE - Need to travel to INDIA

    I would not travel.
  19. Shurap1

    H1B Extension Denied But Valid I 94

    If the transfer is approved for new employer, you can continue to work for new employer without having to get visa stamped. You can do it even when the transfer is in progress. Visa stamp is only required for entry and if your prior stamp is valid, you can still travel on the old stamp. At port of entry you would show old visa and new h1B approval I797 notice. There is no need to explicitly go and get visa stamp.
  20. Shurap1

    EB2 India progression

    Or new government could do CIR which either can get you GC quickly or ask you to leave :)
  21. Green card is a privilege and not right. Also EB1-C is completely up to discretion of employer so I would not "fight" with the employer. It is pretty clear your employer do not want to process your green card in "fast track" category for whatever reasons. Also from your post it seems like your job do not even seems to qualify for EB2 category so wondering how it qualifies under EB-1 category? Contact different attorney and see what is their opinion.
  22. OCI cards are getting recently processed within 4 to 6 weeks so you have a good chance of getting OCI before your travel date. If not then you can apply for visa of arrival which needs to be done 3 days before travel date.
  23. Shurap1

    EB1 eligibility

    Check with laywer but I am doubtful.
  24. Shurap1

    Doctors for EB1

    Just wondering why doctors (ONLY) should be classified under EB1 category? What is the rationale behind? Also how do you determine which doctors would qualify for e.g would veterinary doctor qualify, would pcp qualify? Why nurses should not be considered under this category? And many more questions.... do you have any analysis of justifying your demand?
  25. Shurap1

    Renunciation with OCI or Visa

    They send back to passport immediately after verification. Once you get the passport back, you can apply for visa.