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Everything posted by aa11

  1. Switched job from employer A to employer B. My I-140 was approved with employer A and got H4 EAD for spouse. Employer B transferred my H-1B with extension based on employer A's I-140 and got my spouse's H4 extended as well. Employer B has not started the GC process yet.Can we file for H-4 EAD extension using the I-140 from employer A and H1B approval notice from employer B or do I need to have the I-140 from employer B?Thanks in advance.
  2. Hello, Need your valuable advice. I am on H1B and recently got I140 approved. Applied for H4 EAD for my wife and the application is pending. 1. Can I switch job without impacting my wife's EAD? 2. Will I need to reapply her EAD after H1B transfer? 3. How many times can I extend my H1B status and wife's H4 EAD if my original I140 is never revoked? Thank you.
  3. Hi Aparna, https://travel.state.gov/content/visas/en/general/automatic-revalidation.html This link suggests one can reenter on a valid I-94 and I-797 and expired visa stamp (This includes cases where U.S. Citizenship and Immigration Services has changed the nonimmigrant classifications of an alien to another nonimmigrant classification). What are your thoughts now?
  4. Hello, Need your valuable advice. My wife is an Indian citizen In the US. Here is the complete info: 1. Entered the US on L2 visa (my dependent) in Aug 2015. The L2 visa stamp and I-94 are valid till Aug, 2018. 2. In September 2016, received an approved H1B from an employer (COS from L2 to H1B with approved I797 and paper I-94 valid till 2019). She is currently working for this employer. 3. She does not yet have a H1B visa stamp since we haven’t travelled out of the US since her COS. 4. Now we booked a cruise from LA to Mexico for 3 nights from Dec 30 2016 to Jan 2, 2017 and later realized that this is an out of country travel and there will be an immigration check while re-entering. Questions: 1. Can she travel on this cruise and re-enter without an H1B visa stamp? Does automatic revalidation apply here? 2. What documents should she carry for immigration on this cruise? Thank you, Alok Aggarwal
  5. Hi Murthy Law Firm, Need your advice. I am an Indian citizen currently in the US on L2 visa. I need to get H1B visa stamped. Can I get it done from Canada or Mexico or will I have to travel to India for this? Thanks, aa11
  6. Hello, I am currently on L1B visa with employer A. In 2015, Employer B filed H1B and it got approved in under consular processing. It was approved in september 2015. Now I don't want to join employer B, but want employer A to get the H1B transferred with them. 1. I haven't worked for a single day with B and not planning to join them either. Can A still get my H1B transferred? 2. If the answer to 1. is no, can employer A file a cap exempt petition for H1B for me? 3. What are the timelines for filing a cap exempt petition and getting it approved? 4. What is the latest time employer A can file a cap exempt petition? 5. What would employer A need to file a cap exempt petition? Just the receipt number or the approval notice too? 6. Can they file it as COS so that I dont have to go out of US to get it stamped? Thanks a bunch, aa11
  7. Hi Joef, Thanks for the detailed response. I get the point now. So the final question on this thread I have is: How long can the H1B employer wait before revoking the visa? Can he wait till October next year? For personal reasons I cannot join them before October 2016. -aa11
  8. Hi JoeF, I have read the link you posted above. Either you didn't understand my case or there is something missing in the info that you have provided. The article says: "If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap." ... meaning: "If Company A’s approved petition is withdrawn before the new petition with Company B is approved, then the individual would no longer be considered “counted” under the cap. The new petition would be denied for filing outside of the H-1B cap window." But in my case, it is already past Oct 1st and the original employer has not revoked the petition. Also, they will most probably not revoke it till i get a cap-exempt petition approved with another employer. Where is the rule that says I have to work for the original before getting transferred. The article just says the transfer cannot be done before Oct 1st. Please clarify. Regards, aa11
  9. Hi JoeF ..Well this is not exactly a transfer right? this is just the new employer filing a cap exempt petition coz i was counted in cap in 2015...Or am i missing something?
  10. Hello Team, I am currently on L1B. My wife has applied for L2 EAD which should get approved in a couple of months. After her EAD gets approved, which is valid for 2 years I think, can I get a change of status from L1B to H1B without affecting her work authorization? Thanks in advance, aa11
  11. aa11

    L1 COS after L2 EAD approved

    Hi Rahul, Is that a "yes" to my query or to jairichi's response?
  12. aa11

    L1 to H1 visa transfer

    But since an RFE was issued, is it possible employer B could have filed a different I129 later on as COS?
  13. aa11

    L1 to H1 visa transfer

    And how to find out if employer B filed a petition with CoS for me?
  14. aa11

    L1 to H1 visa transfer

    Hi Murthy Law Firm, Urgent help and advice needed. 1. In April 2015, employer B filed my H1B application and it got picked in lottery. 2. In July 2015, my current employer A processed my L1B and I moved to the US in August. 3. Meanwhile sometime in July an RFE was issued for my H1B with employer B, to which they responded on september 1. 4. Currently I am on L1B with employer A, and my H1B case status is "Response To USCIS' Request For Evidence Was Received" In my situation, I want to continue working for my L1B employer A and not join employer B after october 1st. I have not informed employer B that I am in the US working for employer A. Is it possible that they could have filed a COS petition and I will be forced to H1B status with employer B starting Oct 1st? Please help. -aa11
  15. Hello, Employer A filed my H1B which got picked up in lottery in 2015. I do not plan to join employer A for personal reasons. After october 1st, Employer B is willing to file cap exempt H1B petition. What documents will Employer B need for filing cap exempt petition: 1. From me? 2. From Employer A? Thank You !
  16. Dear Murthy Law Firm, Can you please reply to my queries above? Thank you !
  17. Another way to put it is - Will I be counted as a "cap exempt worker" even when I haven't worked for employer A for a single day after my H1B approval from employer A?
  18. aa11

    Simultaneous L1B and L2

    Hello Murthy Law Firm, You folks make it a point to give a genuine advice on any kind of immigration issues, which is much much appreciated. Now the question is my company is applying L1B visa for me which means my wife will get an L2 visa. Her company is also willing to file an L1B for her. Now the confusion is can she go for both L2 and L1B? It is likely that my L1B will come before hers, and she will get an L2 first, but in parallel her company will start L1B filing for her. Can this create a problem i.e. rejection of both visas for her by any chance? Thank You !!
  19. aa11

    Simultaneous L1B and L2

    Thanks Jairichi !
  20. I am a bit confused...Employer B is a corporate, and neither a non-profit org nor an institution. We are talking about Employer B filing a cap exempt because my H1B from Employer A has been picked up in lottery. Going by earlier opinions shared on this forum, Employer B can file a cap exempt petition for me. Did I miss something? Thank You !
  21. Right now the I797 I have is the notice of action I797 - receipt notice. Will approval be also I797?
  22. Hello, Employer AA filed H1B for me and it got picked up in lottery. My current employer BB is applying L1B visa for me, which means I will be in the US even before H1B gets approved in october. While in the US with BB on L1, can I get the H1B filed by AA transferred to BB? Note that in this case I wouldn't serve a single day for AA on H1B. Thanks in advance.
  23. aa11

    H1B transfer before stamping

    Thank you Jairichi !