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About vivs33

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  1. Hi, My H1B max-out in July’2018 and I moved to F2 because my PERM was not approved when my H1B got maxed-out. Now, In Oct-2018 my I-140 got approved and I applied for my H1B extension in regular processing in Dec’2018 because premium processing was suspended till 18thFeb’2019. Now, in March’2019, my H1B extension got approved for one year and I started working again. During July’2018 to Feb’2019, I was on F2 receipt and it remained pending even after my H1B got approved. I didn’t withdraw my F2 application because i was under the fear that my stay will be consider illegal if I withdraw it. Now, suddenly I have received an RFE for my H1B->F2 application(which I applied in July’2018) even through my F2->H1B(which I applied in Dec’2018 based on F2 receipt) application is approved. RFE is for following. A. Maintenance of F1 Status Prove my spouse -F1 holder was maintaining F1 status when I filed for F2 application by providing any of the following documents Provide all I-20 Letter from school that F1 holder is attending classes F1 holder’s OPT EAD If on CPT/OPT, provide three most recent pay stubs B. Residence abroad Provide evidence to establish that you currently have a foreign residence. Please note that I don’t have any residence in my home country on my name. Now, I have following query, My F2 to H1B was approved based on F2 receipt number then why USCIS is asking for evidence for my old H1B->F2 application ? Can I withdraw H1B->F2 application after receiving RFE ? If I withdraw my application then will my stay(July’2018 to Feb’2019) consider illegal ? What will happen if I reply to RFE ? Does it matter now, if USCIS denies or approves my H1B->F2 application ? Can I request USCIS to approve my F2 till my H1B start date ? Will this RFE cause any issues in my future H1B extension application/H1B VISA interview ? Thanks, Vivs
  2. Hi, My H1B transfer was approved with my current employer in Aug'2017 and it was granted till Aug'2018 but my employer doesn't register me in E-verify. Though he took my I-9 immediately after hire. Then I moved to F2 status because my PERM was not approved. In Nov'2018 my I-140 was approved and my employer filed H1B ext in Dec'2018 with regular processing. Here are my queries. 1. Will there be any issue in my H1B extension because my employer doesn't register me into E-verify database ? Please help. Thanks, Vivs
  3. Hi, My PERM was filed in 6th year and it got approved recently and waiting for I-140 to be filed. My 6 year H1B is already expired in July'2018 and I have moved to F2 using COS. 1. Can my H1B extension filed in premium processing at Nebraska center in current situation ? 2. If my H1B can't filed in premium processing then Can I work on H1B receipt after my I-140 gets approved and H1B extension is filed in regular processing ? 3. In worst case, if my I-140 doesn't get approved then can my H1B extension filed on I-140 appeal receipt ? Thanks,
  4. Hi, My PERM is denied due to government error. The CO looked at the wrong date (SWA job order start and end date)for Prevailing wage determination start and end date. My company's attorney filed a BALCA appeal on in August. Does anyone know processing time for BALCA appeal due to Govt error ? I would really appreciate if you can share your exp. with BALCA processing time. My H1B is expired and I have moved to F2 status and I want to move back to H1B ASAP. Thanks for your help in advance. Thanks, Vivs
  5. vivs33

    PERM Denied due to Government error

    Hi, My PERM is denied due to government error. The CO looked at the wrong date (SWA job order start and end date)for Prevailing wage determination start and end date. It is a very simple case but my H1B is expired and I want to moved back to H1B ASAP. I have following queries. 1. Which is better option MTR or BALCA ? 2. Does BALCA 's Govt error queue is faster than MTR Govt error queue ? Thanks for your help in advance. Thanks, Vivs
  6. Hi, My PERM was filed on 12th April'2018 and the internal ID was filled up with my PERM details on 12th July'2018 but it is not in the list of certified list by DOL yet. (even after one week) Can you please suggest what does this mean ? Is it denied ? Can DOL deny my PERM without Audit ? My H1B is already expired on 16th July and I have moved to F2. Can you please help me in understanding the interpretation of internal ID filed vs Approved/Denied/Audit ? Thanks,
  7. Hi, I need your urgent help. My H1B VISA is getting max out on 16thJuly'2018 and my PERM is still not approved. Currently DOL is processing MARCH PERM so it may be approved after my H1B gets max out. Now, My wife is studying on F1 so I want to change my status to F2 from 15thJuly'2018. I have following queries. Can I stay on H1B to F2 change of status receipt ? or Do I required to maintain a valid status(not expired one) when my COS of F2 application is pending ? If my F2 application is rejected then my stay will be considered as illegal ? Can I extend my H1B (once I140 is approved) using F2 receipt ? My stay on F2 COS receipt cause any issue in my I-140 petition or H1B extension or H1B stamping in future ? I will really appreciate your help if you can answer my above queries as it will help me to take correct decision for my future. Thanks,
  8. vivs33

    I140 approved while out of USA

    I am also in the same boat. My PERM was filed in 15th April'2018 and My H1B is getting max out on 15thJuly'2018. I am planning to maxout H1B and re-enter to US once my PERM+I-140+H1B extension is approved. Can some experienced member from Murthy team clear my doubts ? 1. If I maxout my H1B and stay till 15th July, will i be eligible for immediate H1B extension if my I140 is approved ? or do i have to wait till one year to reset the counter and apply for H1B extension ? 2. Or should I leave US before one week before my H1B gets maxout and re-capture the one week for H1B extension once i140 is approved ? Your kind reply will help me to take decision. Thanks, Vivs
  9. vivs33

    PERM account opening time

    Anitk, My company has received it in 10 days. I hope this will help you. Thanks, Vis
  10. Hi, My PERM is filed on 2nd April'2018 and my H1B is getting max out on 15th July'2018. As per current processing time I believe my PERM may not be approved before my H1B gets expired. My wife is currently on F1 VISA. I have following queries. 1. I am planning to moved to F2 VISA when my H1B is getting expired but F2 processing time is around 4 months so can stay in US on F2 receipt ? 2. Should I fully use my H1B period(till 15th July) or should i keep few days on my H1B so I can use it to extend it if my I140 is approved ? 2. Can I extend my H1B on F2's receipt if my I-140 is approved ? 3. What are the chances of F2 approval considering my immigration petition(PERM/I-140) is pending ? 4. I live in California. Can I renew my driver's license on F2's receipt ? 5. My company is very small(less than 10 people) but my pay is well above wage Level 4 and I have 10+ years of experience. Will it be difficult to prove their ability to pay if I am not working when my I140 application is submitted while I am staying on F2 ? I would really appreciate your help in this matter. Thanks, Vivs
  11. vivs33

    PERM account opening time

    Hi, My employer has finished my PERM process(recruitment+cooling off period) and they want to file my PERM but they said even after registering they have not received the password, Do you have any idea how long it takes to receive a password. I am worried because My H1B is getting expired on 15th July'2018 and they are still not able to file my PERM. Thanks, Vivs
  12. Hi My H1B transfer and PWD for PERM was filed 21 days before. I just noticed that my LCA(file and Certified but H1B transfer is in progress) and Prevailing Wage Determination(filed but not certified yet) has "SOC (ONET/OES)Occupation Title as "Software Developers,Applications". while my Job Title is related to Hardware Engineer and my education is also in MS in Electronics. The wage level filed is Level 4.($73.55 for California). I think they should have filed for "Electronics engineer except Computers" for which level 4 wage is ($75.49). However both has correct Job tile as "Senior Hardware Engineer" which is relevant to my experience and education. My company is very small consultancy but has very clean history in H1B approval. I have following queries regarding this mistake. 1. Will this cause any issue in my H1B transfer approval or PERM approval ? 2. Will it increase the chance of PERM audit ? I want to know because my 6th year is already started and only PWD is just filed. I have only 11 months left on H1B. 3. Will it be difficult to prove my occupation tile in case of RFE or Audit ? 4. Is it possible to amend this now ? Thanks,
  13. I was about to get an offer from a product company but their HR told me that H1B transfer receipt process takes around 2-3 months(after suspension of Premium processing for next 6 months) so they may not consider me for this role but I think it may take 2-3 weeks only with regular processing.I just want to know the exact processing time for H1B transfer receipt after 3rd April'2017 so I can share this information with them.Does anyone got the receipt with H1B regular transfer ? Is there any SLA for receipt of H1B transfer with regular processing ?
  14. vivs33

    H1B transfer using L1B company's paystubs

    My H1B was approved in Sept'2016 with Consular processing but my company again converted it from Consular to H1B COS so my H1B is approved with COS(with I-94 attached) in Feb'2017 now so I was not out of status for 5 months otherwise USCIS has not approved my H1B COS.
  15. I was working with company A on L1B till Feb'2017 and my H1B was approved in Sept'2016 but Company B didn't bring me on board till March'2017. Now I have an offer for company C who can file my Green Card so I want to join them. Now company B is delaying my paystub for March. I have following queries.1. Can I transfer my H1 using L1B paystub in premium processing ? 2. I have a 797 with I94 but it has a typo in VISA catagory it says 1B1 instead of H1B. Can I use it for my H1B transfer or only H1B petition receipt number is fine for transfer ?