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Posts posted by nana135

  1. Hello,

    I have got PERM approved and now my employer is ready to file I-140 in EB2 category. My employer is quite impressed with my work performance and I am thinking to request him for converting EB 2 to EB 1 category. I am not at manager position nor do I have any patents. 

    Is it recommended for me to do it or continue with EB 2 is better. Please advice.



  2. Hello,


    How much time normally attorneys take to prepare a PERM draft ?


    I understand that managers, HR and Attorney work together for this so there could be ping pong of of questions/answers.


    It's already 4th month when my organization told that they are starting my PERM but PERM is still not drafted, should I push my HR for that or Is it normal time across everywhere ?


    Thanks !!

  3. Hi,


    I have following questions related to visitors visa B-2


    1. Can I file B-2 visa for parents and in-laws visit ?

    2. Will I need to fill DS-160 for parents and in-laws separately ?

    3. Can I get 10 years B-2 for them with multiple entry allowed so that they can travel to USA whenever they want without worrying about going to consulate each time ?



  4. Hello,


    My dependents were out of status for 4 days while I moved from L visa to H and then I filed I-539 for them. After 1 month I changed my job, my new employer filed H-1B transfer and I got new I-797. Now I got RFE for H-4 asking for three proofs.


    1. USCIS is unclear which I-797 I am currently working on 

    2. Employement status letter from my current employer

    3. Atleast three pay slips prior to filing I-539.


    I can provide all these proofs, but my question is what is the best approach now. if USCIS delays processing RFE then my dependents might hit the 180 mark of out of status.

    Kindly recommend if they should travel immediately back to India  or should wait for RFE response.



  5. Hello,


    My wife is on H-4. She is planning to get H-1 sponsor ship through some US based consultancy and find a contract job. 


    If she gets H-1 and doesn't get a job after Oct-1 then can she change her status back to H-4 ?

    In that case will her H-1 be valid and later usable when she finds a job.


    What is the best approach in such situations.


    Thanks !!

  6. Hello ,


    I moved from employer A to employer B. H-4 for my family is still pending with USCIS which I filed using the employer A's I-797. Now I got new I-797 through employer B and about to join employer B. I requested employer A not to withdraw my H-1 until I receive H-4 approval. I have the following question


    1. Shall I wait for H-4 approval or make my family travel to India immediately for stamping ?

    2. Is it mandatory for employer A to withdraw H-1 or can he opt not to withdraw ?


    Thanks !!

  7. - I moved to from employer A (L-1 visa) to employer B (H-1 B visa) on Oct -1 , 2015.

    - Employer B filed H-4 for my dependents in Oct start and receipt notice from USCIS shows Oct-5, 2015 receipt date. (Approval is still pending) 

    - In Nov-2015, I moved to Employer C and employer C filed a new H-1 petition in premium for me alone and didn't include my dependents mentioning that they my dependents were out of status from Oct-1 to Oct-4. I received the approval for this H-1 2 weeks ago. 
    - Employer B has withdrawn his H-1 now.


    Question: Is H-4 from Emp B is still valid ? Shall I wait for approval ?


  8. Hello ,


    Is H-4 linked to H-1 or to H-1 holder ?


    I moved from employer A to employer B. H-4 for my family is still pending with USCIS which was filed by employer A with employer A's H-1 I-797. Now I got new I-797 through employer B and about to join employer B. Employer A has already initiated request for my H-1 withdrawl .


    In this scenario will H-4 request also be terminated ? 

    Shall I wait for H-4 approval or should I make my family travel to India immediately ?


    Thanks !!

  9. Hello,


    I am moving from employer A to employer B . After calculating 15 days notice it comes Jan-6, 2016. Therefore I confirmed my joining at employer B Jan 6. After seeing my resignation my current employer doesn't want to go in next year and is terminating my employment on Dec-31, 2015. It can cause a gap of 5 (total) and 2 (work) days. (1,2,3 being holidays and 4,5 week days).


    Is this gap okay ? Can it cause problems for future GC processing ?


    Thanks !!

  10. Hello,


    I am moving from employer A to employer B. I fixed up the Jan -6 2016 as date of joining for next employer, but when I resigned to employer A. He is insisting to terminate my job on Dec 31 which can cause a gap of 5 (total) and 2 (work) days. (1,2,3 being holidays and 4,5 being week days).


    Is it okay to have such a gap ? Can it cause problems in future for GC processing ?



  11. Hello,


    I moved from L-1 B visa to H-1 B on Oct 1, 2015. My employer delayed filing H-4 for my dependents and receipt notice shows Oct-5, 2015 as received date for H-4 petition. As it caused a gap and my family went out of status for 5 days.


    Now I got a new job in November 2015 and new employer filed my H-1 B alone in premium and did not file H-4 for my family because of the 5 days gap. He is insisting that my family must travel out of USA ASAP and get H-4 stamped and he recommends me not to wait for H-4 approval which was filed on Oct-5 which is still pending with USCIS.


    I came to know from a friend that new employer has messed up my case , He should have filed my H-1 B in premium along with family's H-4 and attached affidavit to justify 5 days gap.


    Now I have received H-1 B approval for new employer and my family's H-4 is still pending with USCIS which belong to my first employer's H-1 B.


    I want to avoid travel to India. Kindly suggest some way out.


    Thanks !!

  12. Hello,


    I moved to H1 from L1 on Oct 1. I applied for my dependent's H4 separately whose status is pending with USCIS and I am waiting for I-797. In the meanwhile I got a job offer and the new employer wants me on board ASAP and wish to file H1 transfer in premium but because my dependent's H4 is still pending so only individual H1 petition for me can be filed at the moment . 


    Is it okay to to file individual H1 transfer now and file H4 petition for dependent later immediately after receiving H4 approval?


    I filed H4 petition in Oct begining and expecting H4 approval in Dec end. and my new employer is about to file for my individual H1 transfer which will take max 15 days. Kindly suggest if it's okay to go ahead like this.


    Thanks !!