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sm2016

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About sm2016

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  1. sm2016

    I-140 Priority Date in Receipt Notice - Help!

    Hi, Same thing happened to me. My previous I-140 has a priority date of June 2013, the new employer filed I-140 recently and the receipt notice shows PD as Nov 2018. Can you share the steps you took to correct this discrepancy and the outcome?
  2. sm2016

    Incorrect Priority Date on I-140 Receipt Notice

    Glad to know your PD was restored! For my specific case, the PD is incorrect on the receipt notice, should I wait until the approval notice comes and if PD is incorrect on the approval notice approach USCIS for correction or just proceed with correction on the receipt notice?
  3. sm2016

    Incorrect Priority Date on I-140 Receipt Notice

    Hi Manoj, Does your new I-140 approval notice show Nov 2018 or the new I-140 receipt notice show Nov 2018 ? Can you share the steps you took to request a correction with USCIS ? My lawyer keeps insisting that the new I-140 approval notice with the new PD does not have an impact on my ability to benefit from the prior priority date and we will be able to port the PD at the time of AOS filing regardless of what the new I-140 approval notice indicates however as far I understand there is a requirement to prove the job of earlier priority date is available with the same employer at the time of I-485 filing . Please let me know if this is true based on your experience ? You seem to have already been through this process therefore requesting some guidance as I can understand this is much more critical for you because your PD is current right now. Thanks,
  4. Hello, I received my I-140 receipt from my current employer today. It has the priority date of 2018 when my new PERM was approved. My previous employer had applied for my I-140 through which my I-140 was approved and the priority date was 2014. I am confused as to why my current I-140 receipt does not have the old priority date. On asking my lawyer, they said we have requested to recapture the old priority date in the filing however USCIS will often issue the new I-140 receipt notice with a new PD and my new I-140 "approval" notice from my current employer should reflect previous PD, i.e 2014. Questions: 1.) Can someone please verify whether this is true and my new I-140 approval notice will have my previous PD of 2014? 2.) Are there any negative consequences if the new I-140 approval notice does not reflect the old priority date?
  5. Hello Everyone, Background : My current employer filed I-140 petition which was was approved in Nov 18, current project with our client ends April 19 and so is my H1B extension, my 6 year completes in Sep 2020, therefore, would like to know if I switch employers and file an H1B transfer what are the implications : Questions : If I switch to employer B and file an H1B transfer would that invalidate the approved I-140 petition and prohibit me from applying for the 3 yr extension after completing the 6 years? After making the transfer to employer B, can I File extension based on approved I-140 petition from employer A? Would the priority date become invalid and require me to file new PERM and I-140 with employer B for receiving the 7-year extension? Thank you in advance for your time and consideration.
  6. Hello Everyone, Background : My current employer filed I-140 petition which was was approved in Nov 18, current project with our client ends April 19 and so is my H1B extension, my 6 year completes in Sep 2020 therefore would like to know if I switch employers and file an H1B transfer what are the implications : Questions : If I switch to employer B and file an H1B transfer would that invalidate the approved I-140 petition and prohibit me from applying for the 3 yr extension after completing the 6 years ? Would the priority date become invalid and require me to file new PERM and I-140 with employer B for receiving the 7 year extension ? Thank you in advance for your time and consideration.
  7. Hello Everyone, Background : My employer submitted my H1B extension application in Oct 2018 via PP, we received an RFE and a response is currently being worked upon however my I-797 expires soon. Questions : Am I legally authorized to work until the final decision is made even though my I-797 expires prior to the final decision? How is unlawful presence calculated ? For Example - if the petition gets approved post RFE response I am good to go however if it gets denied let's say on Dec 14, would that mean I will start accumulating unlawful presence beginning Dec 15 or they would count it from the date when I-797 expired ? Does USCIS provide time to prepare an appeal against their decision even after I-797 is expired ? Thank you in advance for your time and consideration.
  8. Background : I recently appeared for my H1B visa stamping interview in March and the consular officer granted me academic visa as my current employment is " Post Doctoral Fellow " working at my university ( non profit org ). I received an offer from another employer ( company ) who filed my H1B CAP subject transfer petition in April 2018 which was picked up in lottery. Questions : 1.) Assuming the petition is approved, my start date would be October 1, 2018 is that correct ??2.) What is the difference between Academic Visa and Regular company sponsored visa ? 3.) If I were to travel outside United States in December 2018 , would that require me to appear for visa stamping interview again at the US consulate ??
  9. I submitted my DS-160 on Jan 12,2018 and at the time of filing and booking the visa interview the company name was " XYZ Technologies LLC ", name change was noticed on my pay stub that was generated on Jan 15, 2018. Should I cancel the interview on Feb 8, file a new DS-160 with the new company name or keep the existing interview and explain the name change to the VO stating that it occured after submitting the DS-160 application ??
  10. Attorney will be sending me all the relevant documentation pertaining to the name change and will also explain in the letter why an amendment is not required. However I am not sure if I should cancel this appointment, file a new DS-160 with the new name and take a new appointment or stick with the current one as my travel is booked ?? If I keep my current visa interview and VOA asks " What is you employer name " what would be a more truthful and less confusing answer based on my current situation ?? Even if I fill a new DS-160 and enter the new name, my LCA , I-129 petition, I-797 approval notice and letter of support would still have the old name on it. I am not sure what would be the right path to move forward therefore any assistance provided would be greatly appreciated.
  11. Hi everyone, My company applied for a name change this month and my last pay stub generated this month has the new company name (" ABC Tech LLC " ) listed on it, up until Dec 31 my pay stubs has " XYZ Technologies LLC ". All my documentation ( LCA , I-129 , I-797 , Letter of Support and DS-160 ) has " XYZ Technologies LLC " as the employer/petitioner name. My company attorney confirmed this is merely a name change and not a material change in the terms and conditions to my employment therefore no amendment is required at this point , my visa interview is early next month and would like to seek guidance for the question below. What is your employer name ?? Should this be " XYZ technologies LLC " since all my documentation has that name or the new name " ABC Tech LLC " ?? The goal is to provide a truthful and less confusing answer to avoid a 221-G therefore please also provide explanation behind the answer. Thank you for your time and consideration.
  12. Background : I have been working as Biomedical Support Engineer for Support team from March 2011 and was promoted to Manager role last year in Feb 2017 for the same team - its a career progression , my advanced degree is also in Biomedical Engineering and my company provides solutions ( software and hardware ) across the entire continuum of healthcare. Previous Job Title : Biomedical Support Engineer, Invasive Cardiology Support Current Job title : Manager, Invasive Cardiology Support Question : I am planning to visit India next month for my H1-B visa stamping and currently filling out the DS-160. Based on my background what should be selected as " Primary Occupation " ?? Computer Science OR Engineering OR Select " Other " and mention " Manager ".
  13. sm2016

    H1- B Visa Stamping Required or Not ??

    Thank you for the prompt response. Do we have documented evidence on USCIS website or something mentioned in CFR that can be shown in the event CBP office thinks otherwise ? I would like to prepare for the worst case scenario and wanted to make sure there is no risk of being deported from the port of entry due to lack of visa stamp from the new employer. Thank you for your time and consideration. Awaiting your reply
  14. Scenario : I had my H1-B visa stamped in 2016 from Employer A which is valid until Jan 2019. I switched jobs and joined another employer in Oct 2017, my H1B transfer application was approved last month with I-797 approval notice received last week and need to travel to India in May 2018. Question: Do I need to schedule a visa appointment for a visa interview and obtain a new visa stamp for the change of employer or I can travel on my current visa stamp which is valid until 2019 and show my current I-797 at the port of Entry ?
  15. Hi everyone, I would like to seek your guidance on my current situation. Background : My first H1-B was approved with employer A and the validity period was from 10/01/2014 – 09/30/2017. I switched employers and filed an H1-B transfer in December 2015 which was approved in January 2016 with a validity from 02/12/2016 – 01/30/2019. Currently I am employed with employer B. I worked for only 1 year and 3 months with employer A which leaves 1 year and 9 months on my initial H1-B. Questions : 1.) How does the H1-B extension work in this case ? 2.) Would the remaining time be considered for the extension application ? 3.) If I switch to employer C after 3 months and file a new H1-B transfer application, what would be the validity period and how would it affect my extension application ? I want to be proactive and file my PERM and I-140 before my H1-B 5th year starts, any help or guidance provided would be greatly appreciated. Thank you for your time and consideration. Awaiting your reply. Regards, Sandeep
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