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aa11

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Posts 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. On 12/22/2016 at 10:38 AM, aparnameher said:

    Automatic revalidation is for expired visas. Is it not a pre-requisite to have an expired visa to re-enter? In this particular case there was a COS from L2 to H1. And there is always a chance of rejection in my opinion to enter her back on H1 status since L2 is valid. Calling an attorney may be right choice at this point.

    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 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

     

     

    Can you please reply?


  6. First off, an H1 transfer is really just a new peition.

    Unless you start working for the original employer, you have NOT been counted in the quota. That's a new rule by USCIS from 2014. See http://forum.murthy.com/index.php?/topic/79569-h1b-transfer-before-oct-1-from-outside-us-new-regulation-from-uscis/

     

    You have to start working for the original employer, and ONLY then can the new employer file an H1 petition for you (as a "transfer".)

     

    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


  7. A transfer would only be possible after you start working for the original H1 employer.

    Unless you start working for the H1 employer, you are not considered counted in the quota.

     

     

    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?  


  8. 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

     

     


  9. 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


  10. 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


  11. Employer B will need to prove that it is cap exempt as an “institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization.”

     

    You will need to provide proof that you meet the requirements for the position being offered by Company B.  The Form I-129 asks about your prior approvals so it is a good idea to keep all your I-797 approval notices, including the one from Company A.

    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?


  12. Employer B will need to prove that it is cap exempt as an “institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization.”

     

    You will need to provide proof that you meet the requirements for the position being offered by Company B.  The Form I-129 asks about your prior approvals so it is a good idea to keep all your I-797 approval notices, including the one from Company A.

     

    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 !


  13. 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 !!

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