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raj4dotnet

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About raj4dotnet

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  1. raj4dotnet

    H4 EAD RFE under C(36)

    Hi Folks I am on H1B and working for client. My I-140 approved on 09-07-2016. And I have I-129 is valid from 08/19/2017 to 04/18/2020. I never applied for I-765. Recently my elder unmarried son completed 18 yrs. And he want to work while study. And currently studying in community college. I applied for my son EAD. Prepare I-765 and put eligibility category C(36) as this is for unmarried child of principal beneficiary. His filing fee check is clear from bank. Also finger print is completed. But USCIS send RFE as per below "Submit evidence that principal applicant has been granted employment authorization under classification (C)(35). This evidence should be in the form of an approval notice of a copy of the front and back of the principal applicant's Employment Authorization Document" I have below questions As per USCIS RFE do I need approved I-765? Am I used C(36) as application category for my son in I-765 is correct? what document should be response for RFE?
  2. Hi Folks, My H1B is valid till April-2020. And I have valid I-140 approved in Sept 2016. And GC is filed under EB2 . Recently my elder son completed 18 yrs. He is in USA with me. And he is on H4 visa and his visa is valid till April-2020. Can my son apply for EAD? If yes under which eligibility category? I am going through USCIS documentation for I-765 and I am confused C(36) or C(35)? Which category to use? Thanks in advance. Raj
  3. raj4dotnet

    My i-140 is approved but H1B visa expired on June-16

    Hi pontevecchio, Yes, Petition was approved and expired on 16-June-2016.
  4. Hi, Currently I am out of USA. And working for same employer. My employer applied for I-140 and get approved it in Feb-2017. But my petition was expired on 16-Jun-2016. So I left USA on 10-Jun-2016 and joined to same employer in India. I don't have H1B visa stamp on passport. Cause I was working with same employer with L1B. What is process to re-enter in USA? I heard following options. But don't know which one is correct? 1. Ask employer to apply for H1B visa extension. How much tentative time takes to get extension? 2. Appear for visa interview. Thanks in advance. Raj4dotnet
  5. Hi, I have completed 5 years in USA on L1B visa. My employer applied for H1B 2015 cap and it is approved . My 797A petition get approved till 18 June 2016. Also my employer started PERM process under EB-2 category. 1. Can I get extension on H1B? 2. How much possibility of getting I-140 approved before June 2016? 3. If I leave USA in June 2016 and stay away for 1 yr for cooling period. Can I re-enter in USA on same approved H1B 2015 cap? 4. If I can re-enter in USA base on H1B 2015. How much period I can stay in USA? 5. What will happen to PERM process between cooling period? Thanks Raj4dotnet
  6. I am working for 'A' company on L1B visa. And working for them for last 8.5 years. I processed my H1B from 'B' company. All the H1B visa expenses i.e. H1B filing, Attorney, Premium processing etc. been done by 'B' company. I signed contract with 'B' company and got offer letter. After H1B approval 'B' company did not shared any of H1B document i.e. Approval Notice, I797 or LC with me till date. In Oct 2015 resign from my 'A' company. Currently I am serving notice period. But during notice period 'A' company made counter offer to retain me and ready to transfer my H1B. Now company 'B' not allowing me to fall back to company 'A'. And threaten me to cancel my H1B and also sue for loss if I stay with 'A' company. With company 'A' has long relation also it has big brand compare to company 'B'. My L1B is already expired and staying on I-94 and valid till Sept 2016.My question is 1. Can I continue to work with company 'A' on L1B visa? 2. What is my visa status after 1 Oct 2015? L1B or H1B? 3. Can 'B' company sue me for loss of business? I have not joined them yet 4. What is best option 'A' company or 'B' company?
  7. Thanks for replies. But my H1B get approved. And I have valid I94 till Sept 2017. Is the stay is valid? or I have to leave the USA ASAP.
  8. Hi, I have completed my 5.3 year stay in USA on L1B visa. Gone through most of forum and found that I can stay up to 6 years (L1+H1) no exception. In H1B 2016 cap got selected in lottery with different employer. Received RFE for that. What is best long term view for me to stay in USA? Continue with current employer. Go back to home country. Serve the cooling period (12 months). Plan to travel to USA in Oct 2016 with new employer H1B. Join to new employer and using remaining cooling period. Go back home country. Serve the cooling period (12 months). Getting new job only for short duration is tough. Plan to travel USA in Oct 2016. In both options serving cooling period will reset my H1B visa counter to stay another 6 year in USA? If H1B get approved what is guess duration for visa? Your different suggestion also welcome. Thanks in advance.
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