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rivaldo

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About rivaldo

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  1. Hi, I am an Indian national on H1B visa. I had an approved I-140 (EB2) from my previous employer with priority date of Sept 2014. We had initiated the process in EB2 with my current employer but during pandemic documentation didn't reach USCIS in time and it got rejected despite a follow up request to USCIS. Is the "downgrade to EB3" applicable to me ? If yes how much time does it take ? OR in order to switch to EB3 we'd just need to reinitiate the whole perm and I-140 process and file it in EB3 ?
  2. Hi,I had an approved I-140 (EB2) from my previous employer with priority date of Sept 2014. We had initiated the process in EB2 with my current employer but during pandemic documentation didn't reach USCIS in time and it got rejected despite a follow up request to USCIS.Is the "downgrade to EB3" applicable to me ? If yes how much time does it take ?ORin order to switch to EB3 we'd just need to reinitiate the whole perm and I-140 process and file it in EB3 ?
  3. Thanks to all for your responses.
  4. Due to covid-19 I have been stuck in my home country. I secured the visa extension till May 2023 and have to mandatorily get visa stamping due to consular notification. My current passport expires in April 2021. Renewing it may take about a month hence I don’t want to wait and want to get visa stamp on my current passport. Suppose I also get my passport renewed after that and book my travel back to USA after mid Oct 2021. At that time my current passport (having H1B stamp) will be having a validity of less than six months. 1. Do I need to get visa stamp again on my new passport ? 2. Will the immigration officer allow me to enter with stamp in old passport and a new passport without stamp ? If yes, what is the I-94 end date they are likely to put – April 2021 OR May 2023 ?
  5. I got stuck in India due to the pandemic and my H1B was going to expire so my employer filed for extension under consular notification. It got approved. However in the meantime, not to violate H1B location-related-rules, I am being temporarily switched to company's India location and will be given Indian salary i.e. temporarily I'll be an employee at the India location. I am filling DS-160 form for interview at US embassy. Some questions regarding DS-160 sections: Present Employer Address: Should this be employer's address in US where I usually work OR the address of their India office since I am temporarily an employee here ? Monthly income in local currency (if employed): Should this be my usual USD monthly salary OR monthly salary in INR as per the temporary India offer (which'd be way less than even the H1B Level1 wage in USD) ? Start Date: Should this be the date I joined the company in USA OR the date I switched to Indian office few days ago ?
  6. rivaldo

    Consular Notification & document drop off

    Extension was filed on April 02 and got approval in first week of May.
  7. I am in my home country India currently. My H1B visa was expiring in end of May so my employer had filed for extension under consular notification and it got approved. Can document drop-off facility be availed for such cases OR do we need to go for interview in person to the US embassy here ?
  8. Tough luck. Sorry to hear that. Do you mind sharing why it was denied if you know ? Also, did you get a RFE before denial ?
  9. But do I have only until May end to find a new employer ? After May end am I considered out of status OR still in status until there's no decision on my extension ? My present employer is also working on shifting me to Indian payroll as they have offices here. So suppose after two months if I find a new employer and apply for H1b via them, will there be an issue b'se the only recent paystub I'll have from present employer will be from this month (April) ?
  10. Situation: I am currently in my home country unable to fly back to USA. My H1B expires in end of May 2020. My employer has filed for extension under regular processing under consular notification. Since US embassy is closed here right now, verdict on H1 renewal itself may take time and rate of RFE has been high lately, all this is going to take many months. A lot of our original documents including birth certificates of US born children and belongings are in USA and I am paying rent for my apartment. In order for my kids to stay longer in India I preferably want to apply for their OCI (Overseas Citizen of India) card but that requires me to get their apostille birth certificate from USA. Question: As soon as the embassy here opens can I apply for B2 visa and make a short trip to US to get the essential items and take care of our belongings (put them in storage OR with a friend) ? If not is there any other visa category or any other way by which I can make this one time trip ?
  11. Thanks for your responses. Appreciate it.
  12. Situation:I came to my home country India in mid-Jan on paternity leave. We were supposed to fly back in April but are stuck due to covid-19 pandemic situation. Since my visa is going to expire in end of May 2020, my employer has filed for extension under regular processing (since premium is suspended as of now) under consular notification. We can not fly back to US until visa is approved and we get a visa stamp from US embassy (when it opens). All this will take couple of months.I sense that due to impending recession it is quite likely that my employer may be forced to do layoffs.Questions:I was thinking of interviewing with other employers. Assuming I get an offer and they are ok with the timeline, is it feasible that a new employer can file for my H1B transfer while my H1B extension with present employer is pending ? What are the chances of such transfer being approved ?
  13. Does consular notification necessarily mean appearing in person for interview OR would I still be eligible to document drop-off i.e. interview waiver. ? We got the visa stamp on our passports recently in Jan 2020.
  14. Your responses helped. Thanks.
  15. Situation: Me and my family are stuck in India and unable to return to US due to the ongoing Corona Virus situation. We have an infant and hence can't risk travel until situation becomes normal. Hence flying for next 2-3 months is ruled out. Our kids are US citizens by birth. My H1B visa and wife's H4 visa stamp in passport (and current I-797) are valid till 29th May 2020. My immigration department of my employer says that they'll need to give me a temporary India offer while I wait for H1B extension's approval AND get a new visa stamp from US embassy in India. Premium processing has been suspended as of now. Goal: Secure H1b extension. Return to US as soon as it's safe to travel. Minimize/avoid loss of US salary. Questions: * Is there any clause under which I can still be on US payroll ? * Why is the employer talking about India salary ? Is it due to taxation rules (IRS) OR due to immigration (USCIS) rules ? * Will going to off of US payroll and to Indian salary for few months adversely affect H1b extension OR GC processing ? * Would you advise me emailing USCIS/CBP about this citing exceptional worldwide situation and asking for permission to enter US while H1B extension is going on ? * My employer also mentioned that they'll ask for 'Consular Notification'. What does that mean ?
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