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About binny.gen

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  1. Hi, I have been working for my employer in US on L1B visa for over three years and my current I-94 is valid till Mar 2019 (although my max physical stay date per the L1 visa would be 12/31/2018). My Green Card application (concurrent filing with AOS) was submitted to USCIS in Feb 2017 and I received the EAD Combo card last month. My I-140 is still in 'Case Received' status. Given my current state in the process and other details provided above, what implications do you see if I were to accept an offer to join another company? Can I change employer on the basis of my EAD despite I-140 still being in process? Will I have to ask the new employer to file any kind of new paper work again or do we just wait for the process to complete?
  2. Hi, I am currently in US on L1B since Dec 2013 (with the exception of a 17 day trip to India in Mar 2016) and now my employer is looking to initiate my Green Card application. I am unaware about a few points and concerned whether any of those will impact the Green Card process or the outcome in my case. I do not have I797 for my previous L1 from an earlier employer back in 2007. I was in US for 6 months in the latter part of 2007, then went back to India for 1 month and came back to US to stay for another 6 months. Is this a showstopper? In 2014 a company offered me a job and filed for H1b for me but it was rejected. Despite me asking several times, the employer never clarified any reason given by USCIS for the rejection. Is this a showstopper? Is there anything that I can or should do now in preparation for the Green Card application? The same employer filed for H1b for me again in 2015 but withdrew before a decision was taken on the application as both of us decided to not pursue it any further. My sibling has a case pending in court in India and I am not a party in the case. How does this impact my Green Card application? Thanks in advance for your help on clarifying the above points.
  3. Hi, I have a follow up question based on the response above. In my case I am currently working for Company A on L1 and have an H1b application (with COS), by Company B, in process (regular processing and not premium). As I still have not heard a decision from USCIS on my H1b application (though I did get a receipt notice back in April), let’s say USCIS provides an approval after Oct 1st, say Oct 21st, then as I understand, the change of status from L1 to H1 will be effective immediately and I need to stop working for Company A. 1. Do the rules mandate that I must resign on Oct 22nd and consequently give no notice period to Company A? Can I even go to office to submit my papers on Oct 22nd? I am concerned as this way I would be burning a bridge and not be very professional but don’t want to violate any rules. 2. In case I wish to continue with Company A on L1 (circumstances are changing now compared to when I accepted the offer with Company B), I understand that I may exit US and re-enter on L1 to retain my L1 status. a) Would it be a problem if I took paid time off on Oct 22-23 and use the time off to exit and re-enter US? My salary slip for the pay period would show the paid time off and hours (but not the dates). b) What documents would I need to carry as I exit and re-enter US? Would I even need to share/show H1 approval with the immigration officer at the port of entry? c) Does the re-entry ensure that I stay H1b cap exempt or does Company B has a way of revoking it? Thanks in advance for your advice! Thanks, Binny