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About shetty1891

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  1. Hi Experts... Can someone please guide/suggest me I have been working on H1b for 10 yrs now... when i changed my Job i applied for H1 transfer in October last year, and got an RFE for client letter...while my employer had replied the RFE i am not sure if my petition will be approved (as client extends contract every 6 months and same is listed in client letter) and given the current immigration situation. I want to transfer to H4 and apply for EAD as spouse is in H1 with approved I140... Can some one please suggest if i Can apply for H4 COS while H1 application is pending? Also can i wait to know decision on my H1 petition and then apply for COS in case H1 transfer gets denied...
  2. shetty1891

    COS to H4 and then again to H1

    Hi, I am currently in 9th year of H1-b (got extension beyond 6 yrs because of approved I140 with my employer) working for employer A ...and because of company shutdown they have given me 2 months notice for termination and my last working day will be June26th. if i apply for Change of status to H4 now it might take 3-4 months for H4 to be approved. In the mean while if i get another job offer .. should i wait for H4 to be approved and again apply for change of status to H1, or can i do H1 transfer (even after june 26th) Thanks for your time in advance
  3. Hi Experts, My Wife did her masters and graduated in June 2015 ... last year we applied for COS to H4 as her H1 was not picked in lottery, She is currently working on H4 EAD... Have applied for H4 and EAD renewal, but since there is no PP, approval may not come for 6-10 months. Also this year her H1 application got picked up in lottery... My doubt is will she be out of status from August to October this year. Below is brief timeline of visa staus F1 - student status (July 2013 to June 2015) F1-OPT (July 2015 - to August 2016) H4 (August 2016 to August 2017) [applied for renewal on 4/13 but since there is no Premium processing, wont get approval in time] New H1 start date from October 1st 2017 [application got picked in lottery] Thanks for your time in advance
  4. HI, My Current employer did not pay me as per H1 LCA PW for past couple of years, even though i was working full time at client location... I was stuck with him for past couple of years because my GC was in process and had to wait to get I140 approval... I have found another job and new employer has applied for H1b transfer in regular process (since PP is suspended)... In my case if i report to DOL or USCIS via WH-4 will my h1b transfer petition be effected... Or Should i wait to get H1b approval with new employer before reporting (which might take 9 months with regular processing) Thanks for your time in advance
  5. shetty1891

    COS from H4 to H1

    Hi, My Wife changed from F1 to H4 in July 2016 as her H1 was not picked in 2016 lottery and OPT was exipiring... She is currently working on H4 EAD... current H4 exipration date is same as my H1, August 20 2017... We are planning to apply for her H1 this year When she applies for H1 this year the start date of H1 will be October 1 2017, so will she become out of status from August to October ? Also if i apply for H4 renewal in August 2017 will that overrule the H1 that was applied and which is about to start from October? Thanks for your time in advance !!!
  6. HI , I am currently in H1 status and have approved I140 with current employer... My wife is currently in F1 OPT and her OPT status will end soon (July 2016)... I contacted my employer to apply for my wife's COS ... but he suggested i should apply it on my own.. I want to apply for her COS from F1 to H4 and also apply for H4-EAD. Can some one please let me know if the COS has be applied by primary H1 holder (myself)... or this has to be done by employer. Thank you
  7. shetty1891

    Visa Bulletin

    Hi , I have I140 approved from my employer and Priority date of Dec 2013. Once the second cutoff date moved to Dec13 , will i be able to file for I485 ? Also should the 485 application be done by employer or i can apply by myself with the help of a attorney? Thanks for your time in advance.
  8. shetty1891

    OPT Approval Time Period

    Also , Should i apply for COS to H4 before June 30 to avoid her going to out of status (in case OPT approval is delayed or rejected)
  9. shetty1891

    OPT Approval Time Period

    Hi, My Wife is completing her masters in Public Health from Mount SInai Medical School in NY, and her official course completion date is June 30th. She has applied for OPT on May 4th and got the Receipt Notice in may 2nd week. But OPT is still not approved and Online Case status still shows "application received on May 4th" . Is there a Timeline on how long does it take to get OPT approved and receive a OPT card. Also will she be Out of status from June 30th as OPT is still not approved. Thanks for your time in advance.
  10. Hello attorney, Thanks for your reply... for the part mentioned "If the change in work location remains in the same MSA or within the area of intended employment, the existing LCA needs to be posted in the new work location but an H1B amendment is not required." I am confused on what is meant by posting the existing LCA in new workplace. Does this mean a new LCA has to be filed with the new work location ? Thanks for your time in advance...
  11. Hello Attorney, Article says that we don't have to file for H1 amendment if employee moves with the same MSA. I recently moved from Client A to Client B. distance between two clients is 19 miles and are in same state. Do i still need to file for H1 amendment? how to find out is they are in same MSA? My Employer has filed for a new LCA when i moved from Client A to Client B back in January 2015. should this be sufficient? Thanks for your time in advance.
  12. Hello Attorney, Thank you for the detailed information on retaining priority date, the information is very helpful. Can you please advice if priority date can be maintained if we do not have a copy of I140? Had Labor and I140 approved from Employer A (I140 approved in Sep2014) and got H1 extension(for 3 more years) beyond six years in october 2014. But Employer A refused to share the I140 approval copy . Now if i change my employer i know i should start a fresh labor and I140 , but is it possible to retain my priority date with out the copy of I140. Also is it possible to get a copy of I797c(I140 notice) from Dept of Homeland.
  13. Hi, While i was working for Employer A , Client B, my H1 extension was filed and got the H1 for 1 year based on Query on GC Labor application (beyond 6 years) After H1 extension got approved my contract with CLient B ended and i started working for Client C (same employer A) ... both previous client and new client are in same area ,5miles apart. I am going to india within one week time due to emergency... and have to attend the visa stamping. Do i need to file for H1 ammendment before attending the Visa stamping ? Also since both clients are in same geographic area , just 5 miles apart, is H1 ammendment necessary? My Employer suggests amendment is not necessary are both clients are in same area, But i am no sure,. Need some expert advice please. Thank you
  14. shetty1891

    H-4 EADs

    If a H4 visa Holder gets EAD approved can he/she own a business ? (did not see any information regarding this on USCIS Website) Also If H4 EAD person can own a business are there any restrictions on the kind of business which they can start/own Thank you
  15. shetty1891

    President Obama's Immigration Plan

    I am too in Similar situation... any information on how the executive action will effect people with approved I-140, w.r.t change of employment will be helpful.