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android.dmk

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About android.dmk

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  1. I am on a H1B visa with a Consulting firm over the last 7 years (up for renewal in June 2020). When my H1B was filed initially, it was filed for a PMO, Portfolio Management job description. The Green Card was also filed with the same job description in 2016 (priority date). I have an approved I140. Over the last few years my work has transitioned from Management to being more technical , software application specific. Recently i have requested a lateral move in my firm from the Management side of the house to the Technical teams. The immigration team reviewed my case and indicated that since the job description which is on my current H1B and Green Card are substantially different than the new role description, they will have to file for amendments to my H1B and Green Card. They also indicated that there will be certain risk involved since there is a substantial material change on my case (job description completely changing) My questions: 1) If they have to file, what is the path of least resistance 2) Will they have to file for an amendment to my current H1B and the Green Card concurrently or can it be done separately (i.e. file the H1B amendment first and then once its approved, make changes to my Green Card application)? 3) Will there be any risk involved given that my H1B is up for renewal in Jun'20 and if they decide to file for an amendment in the next week or so (from a timeline perspective)? Will an amended I140 be needed for applying for the Jun'20 extension ? 4) If the amendment gets rejected, will my existing H1B be valid till the end of the duration - Jun'20 or will be it revoked ?
  2. android.dmk

    H4 to H4 EAD

    My husband is on H1 B status and I'm on H4 and his H1 B expires in 6 months. The company has applied for renewal. Our I 140 got approved recently. Should I apply for H4 EAD now or wait after the H1 B is renewed? Please share your suggestions.
  3. Subject: Visa Interview Waiver Program - Drop box method

    Hello,

    I came to the US on a H4 Visa in Feb 2015 (Validity Feb 2015 – Sep 2017).

    After coming to the US:

    1)     I applied for a Change of Status (COS) from H4 to H1B and it got approved in October 2015

    2)     Started working in the US from Oct 2015.

    3)     Applied for COS in June 2015 from H1B to H4 due to personal reasons

    4)     The COS (back to H4) got approved in Sep 2015.

     I came to my home country in Nov 2016 for a visit and will be going back in Feb 2017. Since, I went through the change of statuses (came on H4 initially, then to H1 and then back to H4) in the US, I thought of applying for a H4 Visa again in my home country. While applying for the visa on the cgifederal.com website, there were series of questions which were asked about my status.

    One of the questions was as below:

    “Do you have a valid H4 visa “ ?

    When I answer “yes” to that question, it says that I qualify for the visa interview waiver and have to opt for the Dropbox method  and I need to deposit my documents to the embassy

    Questions:

    1)     Can I answer yes to the question “Do you have a valid visa -----------------“

    2)     Is my H4 visa which was given to me in Feb 2015 still valid?  Do I need to apply for H4 visa now?

    TThanks.

  4. android.dmk

    H1B to H4 COS i 539 form issue

    I am on H1 B currently since october 2015. I am looking at changing my visa status from H1 B to H4 and hence filling in Form I 539 for change of status. My husband has a valid H1 B until Sep 2017 and I want to go back to the dependent visa status. My question here is - 1) Is this application based on extension or change of status already granted to your spouse, child, or parent? If yes, provide USCIS Receipt Number - Yes - No In this question, are they referring to change of status granted to me on my husband's? Whose USCIS receipt number should i key in? 2) Is this application based on separate petition or application to give spouse, child, or parent an extension or change of status ? - Yes filed with this i539 - Yes filed previously and pending with USCIS - No Given my current scenario, would question 2. (quoted above) apply to me? Thanks.
  5. android.dmk

    H1B to H4 COS i 539 form issue

    Hi Team, I have quick question regarding i539 form ( Application To Extend/Change Nonimmigrant Status). Please clarify the following questions - 1) Is this application based on extension or change of status already granted to your spouse, child, or parent? If yes, provide USCIS Receipt Number - Yes - No 2) Is this application based on separate petition or application to give spouse, child, or parent an extension or change of status ? - Yes filed with this i539 - Yes filed previously and pending with USCIS - No Please provide clarity to me if question 1 is referring to my spouse's visa status. Thanks
  6. android.dmk

    H1B to H4 COS

    I have been on H1 B and employed since Oct 2015. Due to certain circumstances I'm thinking of cancelling my H1 B status now and thinking on getting back to H4 visa status. 1) Do i need to ask my employer to file COS or can I file it on my own? (my husband has valid work visa until Oct 2017) 2) If I can file COS on my own do I need to inform my employer before initiating this process? 3) I read in a couple of blogs that it takes more than 5-6 months for the change of status to take place; if I file - can i travel outside of the US during this time? Please help me with your responses. Thanks. 1) Do i need to ask my employer to file or can i file 2) I heard that it takes more than 5-6 months. If i file - can i travel outside of the US ? 3) do I need to tell my employer in advance before I file the COS?
  7. android.dmk

    H1 B Cancellation and later reinstating

    Thank you for your inputs
  8. android.dmk

    H1 B Cancellation and later reinstating

    Also, follow up question...what would happen to the social security number incase the H1 B in temporarily revoked?
  9. I have been on H1 B and employed since Oct 2015. Due to certain circumstances I'm thinking of cancelling my H1 B status now and thinking on getting back to H4 visa status temporarily. Couple of months later can I reinstate H1 B work visa status? If so - 1. Will I be subject to the H1 B cap / lottery selection again? 2. How long to I have to be outside USA in order to reinstate H1 B again? 3. What is the process of reinstating the H1 B visa? 4. Would the pending time from my previous H1 B status continue? Or would a fresh set of 6 years apply? Please help me with your responses. I'm torn between wanting to cancel H1 and sustaining it. Thanks.
  10. Hi Team, I received the approval for H1 B work visa permit in Oct'15. I'm based out of Georgia and the visa was applied for me by a Colorado based firm. We're at December today, and I'm yet to receive the work approval document to apply the social security number. After following up rigorously with the employer for the document, I was told that they are yet to receive it from the USCIS. During our previous conversations the employer mentioned that if I'm unable to make it to Colorado to work from the base location I have to pay him certain amount of money to run the taxes. My questions are as follows - 1) Is the delay of 3 months in receiving the work approval document normal? 2) Should I assume that there is something wrong with my case, that I have not received the document so far? 3) Is there anyone else that I can contact to check on the status of the document by sharing the receipt number I have? 4) Is my employer allowed to run payroll for me without acquiring the SSN number? 5) Will my future employer will be concerned about why I have not worked even after securing the work approval permit? Please share your thoughts on this. Any suggestions are appreciated. Thanks.
  11. Thank you all for your responses. Appreciate your support
  12. Can a petition be raised using a lawyer? Or is there no other legal recourse??
  13. Thanks for your replies. I'm aware of the three year ban, members. I would like to understand my way forward from here. 1. Would I ever be able to get back to the United States to pursue academics or even as a tourist? 2. What are the long term repercussions and what are the possible ways out of my situation? Appreciate any helpful responses. Thanks in advance
  14. Dear Members, Below is my case and I need your help with the same. Your thoughts and opinions will help me take a better decision. Timeline of events: · Aug 2008 - Started as student of Engineering in the U.S. · 2009 - Started having academic issues, was put on academic probation. · 2010 - I keep struggling through academically, causing my anxiety to increase · 2011 - Continued health problems · Jan 2011 - College drops me from program · Dec 2011 - Apply for petition for Re-entry into engineering program. Hear back that the only way I can come back is by retroactive-withdrawal of two semesters under health grounds. · Dec 2011 - I am given permission for retroactive - withdrawal of 2 semesters in the past, but because of the nature of F-1 laws retroactive active withdrawal means my student status is terminated. But I can continue to stay in the U.S. and apply for re-instatement of student status. · Jan 2012 - I join the college, apply for reinstatement and continue taking classes. . · March 2012 - USCIS sends me notice asking me to pay certain fees and resend a recommendation from my department. I don't respond to letter and completely avoid it. · May 2012 - I receive letter of rejection of re-instatement because I don't reply to the letter in march. Hence my student status remain terminated and my clock of overstay starts of tick · May 2012 onwards - March 2013 completely block out the fact of overstay due to mental health issues, and hide facts from family and friends. Father ultimately gets very worried and comes to the U.S. to learn of the entire story. I leave for India in March 2013. So total overstay without status 10 months. Now I am in India and I am unaware of what my actual status is: 1. May 2013 - I apply to a local community college in the U.S. with the plan to petition for re-entry in my original college in the future. I am admitted, so I apply for a new visa. I am given a new visa by the visa officer. This was unexpected as I was predicting trouble due to my overstay. 2. June 2013 - I leave for the U.S. with hope that I can fix things and get back on the academic track. At the immigration point at the port of entry, the immigration officer leads me to the U.S. Customs and Border Protection office. I speak to an immigration officer who questions me about the whole issue. I explain him everything. I am then detained and sent back to India while being told that I should reapply for a visa. And this time to mention to the VISA officer about my past history. While being interviewed my sworn statement was taken under section 235(b)(1). 3. June 2013 - Within a week of coming back apply for a new visa and explain to visa officer the entire story with hopes that he will offer me a new visa. He rejects my visa application, says he can't help me within his power. He issues me a Notice of Inadmissibility undersection 212(a)(9)(b)(i) of Immigration and Nationality Act. This would mean that a 3 year bar applies to me. Please help me in understanding the details of notice issued to me. Would I ever be able to get back to the United States to pursue academics or even as a tourist? What are the long term repercussions and what are the possible ways out of my situation? Would appreciate any help or leads with people who can help me resolve my case. Thanks in advance. Regards, DMK
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