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yogeshpatil

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About yogeshpatil

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  1. yogeshpatil

    H1B visa with one employer and I-797 with another

    Thanks folks, yeah, i read in this forum itself that old unexpired visa should be good enough with new I-797. this would be my first travel on h1 and before first travel the switch of employer has happened. therefore little concerned if it can create any issue.
  2. i know this topic must have been discussed many times and i also understood from the posts before that new visa stamping is not required for new I-797 as long as visa with previous employer is still valid. is it also valid for the first time travel on H1? i meant having travelled to US with old employer and old visa is fine, we can reenter using same old visa and new I-797 but is this the same with first time traveller on H1? i have H1B visa stamped through one employer and i-797 with another. got new cap exmept H1B petition approved before the travel happens. can i enter USA with valid visa with one employer and produce I-797 approved for another at POE?
  3. yogeshpatil

    H1B Transfer before Oct 1st

    As mentioned above, my employer's attorney wanted to take a shot at filing new cap exempt petition (before oct 1) based on approved H1B petition (April 2015) from another employer. well, they did it and i saw status today on USCIS website and it shows "Case was approved and my decision was emailed". i am yet to receive any e-mail from attorney but i assume they would wait until approval notice is received. threat still looms until Oct 1 if original employer revokes the petition, then USCIS at their discretion can revoke this petition too which i think i will have to live with. i thought to close the loop since we have had a wonderful round of discussion through this forum. i can share more details if anyone is interested.
  4. yogeshpatil

    H1B Transfer before Oct 1st

    ok. it is starting to make sense that Oct 1 is important to be considered as counted against the cap or not and any attempt to shift this to a new employer will result in denial. my whole assumption of this petition being cap exempt was on following article as the scenario mentioned in there matches 100% with my scenario. http://www.*****************.com/ employer's attorney is not perfactly sure if it would be cap exempt petition but thinks there is a possibility. they somehow wish to take a chance and go ahead. i am bit worred now and wish could tell them to wait until Oct 1. Thanks folks.
  5. yogeshpatil

    H1B Transfer

    what i read in many blogs, i think it is not mandatory to join employer B. as long as you hold valid petition with employer A, nothing can really force you to join B.
  6. yogeshpatil

    H1B Transfer before Oct 1st

    Thank you very Jairichi for your quick and prompt replies. i also appologize for dragging it more. cited below is the May 21, 2014 Teleconference between the American Immigration Lawyers Association (AILA) and USCIS, the agency addresses the issue of withdrawal: 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. My first H1B is approved through consular processing so obviously first part related to COS in the text above won't be applicable i assume. As mentioned in the text above for consular processing cases that an individual won't be considered "counted" against cap if petition is revoked prior to the application of visa/admission. in my case, i have already got visa stamped using approved petition and approved petition will be valid at the time of applying for another H1B cap exempt petition (from outside of the US). therefore i am little bit confused on why it can't be considered as cap-exempt if filed before oct 1 since for consular processing cases, applying for visa should be considered as using petition if interpretation of the text above is correct. Please throw some more light on why waiting until after Oct 1 is mandatory for consular processing cases. once again i appologize for dragging it more but thought to bring more clarity.
  7. yogeshpatil

    H1B Transfer and Extension

    I am wondering why have you been given approval for just 1 year instead of full 3 years which can be later extended for another 3 years. If you have already consumed 6 years (total on H and L), then even if transfer petition is approved, I guess it would not be any more than current visa expiry. If you still have time left on H1 ( say 5 years), I would suggest you to upgrade it to premium to know the final verdict before visa expiry date.
  8. yogeshpatil

    H1B Transfer before Oct 1st

    If they deny cap exempt petition, it may still be acceptable but if they revoke the already approved petition then it would totally unfair. Anyways, thanks for the response
  9. yogeshpatil

    H1B Transfer before Oct 1st

    Understood. thanks for making it clear that "transfer" or in other words "Change of employer" in I-129 form part 2 (item no 2) is possible only if one is in H1 status. i am in different condition now and will ask you specific question to ease off my pressure. 1. i am working with Employer A. i have approved H1B petition from Employer B and have also got stamp on passport using approved petition for Employer B. now employer A has initiated H1B cap-exempt petition (premium processing) with option selected as "New employement" in I-129 part 2 (item no 2) instead of "Change of employer" since i am not in the US right now. will this petition be considered as cap-exempt? 2. how important is the start date (Oct 1, 2015) in this case? is it important to wait till Oct 1 in this case? Thanks in advance
  10. yogeshpatil

    H1B Transfer before Oct 1st

    Senior members, is the rule of applying H1B transfer after Oct1 applicable for just those who applied original H1B through COS? how about for those who applied through consular processing first time itself and now are applying for transfer through consular again? Please reply.
  11. yogeshpatil

    H1B Transfer before Oct 1st

    Hi Jairichi, i have H1B approved petition from another employer which i have used to get stamp on my passport. now my current employer has offered me position that i can't refuse. they have already initiated H1 transfer through consular processing based on suggestion given by attorney as they wish to utilize the visa stamp on my passport. another option would be to go on L1 and initiate transfer to H1 after Oct 1st. Attorney however feels it will be risky as USCIS is still evolving with various options and may deny the change of status. in your answer above, since you have mentioned about revokation of petition, it gets me little worried. H1b transfer denied is still acceptable as in that case i still have option to go for transfer from L1 to H1. but if petition is revoked, then there are no hopes then. can you please throw more light on this?
  12. yogeshpatil

    application of L1B blanket visa after H1B visa stamped

    Thank you very much Jairichi. In case if I wish to switch to H1B in future through COS, will it be cap exempt if H1 is revoked or cancelled?
  13. i got my H1B stamped very recently which is valid until Sept 2018. now my current employer wants me to appear for L1B blanket visa. it's also in my favor to stay with my current employer. My questions are 1. if i am approved for L1, will my H1B be cancelled? 2. If i am rejected for L1, will my H1B visa stay or get cancelled? 3. can my passport have both visas? Please share your views
  14. yogeshpatil

    H1B approved but shows administrative processing

    Hello Jairichi, As you had rightly predicted, I have received my passport on July 16. Thanks
  15. yogeshpatil

    H1B approved but shows administrative processing

    Thanks Jairichi. actually the status on CEAC site was changed to "Ready" on July 8th and by the evening it again got changed to "Administrative Processing". i am waiting ever since. waiting is fine but only problem is my current employer wants me to apply for L1B blanket immediately which i can't do until i get my passport in Hand. i am stuck very badly. let me ask you this, can i go ahead and reserve interview appointment date for L1 even with my passport is still with consulate? i would of course take the date after a month atleast. alternatively, if they take long time for H1 processing, can i request my passport back to go ahead with L1 visa?
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