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About Chai

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  1. Hi folks, Due to the ongoing COVID 19 pandemic, this bill has been proposed by a team of the senate. Not sure if it has been passed. If passed then foreign nurses and physicians would get the preference in obtaining Green Card. Considering Nurses are in Schedule A category how likely it is that Physical therapists would also be counted towards this privilege? Dept of Homeland Security on March 09, 2020 has published MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE. It has mentioned Physical Therapist as critical workers.
  2. Chai

    H1B revoked notice. What to do next ?

    Slip of the tongue. I-94 is what I meant.
  3. Chai

    H1B revoked notice. What to do next ?

    Your case is very common and you should not worry too much if all of the following is true in your case: 1. Your I-20 is still valid for the next 60 days from the date of lay off. Visa expiration and I-20 dates can be different. In your case, the I-20 expiration date is important and NOT the visa date. 2. Most likely the new employer has filed new I-129 as an Extension of Stay- you can continue to stay in the US and start working for the new employer. In order to maintain status, the USCIS only cares if an applicant's employer has filed I-129 within 60 days of the grace period. That's it. Revocation notice during these 60 days does NOT invalidate your status.
  4. Chai

    H1b transfer and visa stamping

    1. Yes, you can as long as the current employer does not withdraw his petition. 2. Yes. 3. No.
  5. Chai

    H1B Start date after approval

    Typically you can start within 60-days from the date of approval. No issues.
  6. Chai

    H1B 60 day grace period more than once

    The 60-day grace period is once per validation period, irrespective of the length of validation- 2 months or 1 year or 3 years.
  7. Always choose Premium Processing in the case of change of employer with or without a grace period because you would get receipt number early. FedEx receipt does NOT hold any ground to substantiate authorized stay/employment per USCIS. What if USCIS responds that they have received the FedEx packet but with incorrect fees or incorrect versions of application forms? Only the USCIS receipt number validates that all application material received is perfect and in the process to make a decision.
  8. 1. It is advisable to start working for company C after getting approval. You never know if it is either approved with the extension of stay or counselor notification. 2. Company C filed your petition based on employer A's I-797, therefore, it is not necessary to submit employer B's payroll at this moment, unless and until USCIS ask for it. ***You MUST keep employer B's payrolls and upcoming W2 for future references viz. during the Green card/ Naturalization process.***This answers to your question 3.
  9. Chai

    Incorrect Priority Date on I-140 Receipt Notice

    Update: Employer C's I-140 is approved today. The approval notice reflects the original PD Nov 2012. Therefore, it is better to ignore the date listed on the I-140 receipt notice. Date received: June 07, 2019 Date approved: Sept 03, 2019.
  10. That's a known glitch in the system. Try using Google Chrome incognito mode.
  11. Chai

    H1 transfer to a new company

    - You can join the new company as soon as you get the receipt from USCIS. However, the best solution for you is to expedite the process by selecting Premium Processing. Your future employer or you can pay the fee. Based on the outcome of a new petition i.e. approved = continue working in the US without leaving the country OR denied = continue working with the present employer. - Submit your resignation letter "ONLY and ONLY" after getting approval from the new employer. - USCIS can revoke present I-797 "only if" the present employer request them to do that. By law, the employer needs to do that but most of them don't.
  12. Hello, My H1-B status with employer A started on Oct 1, 2010. Employer A: I-140 filed in 2012 and approved with PD Nov 2012. Not revoked by the employer. Employer B: I-140 filed in 2017 and approved with PD Nov 2012. Not revoked by the employer. Employer C : H1- B stamped recently with validity April 2022. I-140 filed in June 2019 and it's under process. Expecting approval in Jan 2020. I am planning to move out of the area and therefore, feel that I switch to employer D. H1-B can be transferred readily and new I-140 will be filed in 12 months. I am aware H1-B and I-140 are mutually independent at this stage. Is it safe to switch while I-140 from employer C is under process? Not sure if employer C withdraw the I-140 application. Appreciate reading and replying to this post.
  13. Chai

    Incorrect Priority Date on I-140 Receipt Notice

    I am also facing an exact same issue but found an answer. Employer A: I-140 filed in 2012 and approved with PD Nov 2012. Employer B: I-140 filed in 2017 and approved with PD Nov 2012. Employer C: I-140 filed in 2019 and under process. The receipt reflects PD as June 2019 instead of the original Nov 2012. When I checked my records from employer B, the RECEIPT has 2017 as a priority date. On the bottom 2nd line it mentions "Please note that if the priority date is printed on this notice, the priority does not reflect the earlier priority date". However, APPROVAL has Nov 2012 date. The date was retained successfully. The italic line is confusing when you subsequently file another I-140. I talked to the employer C and they said:- The receipt notice will not reflect your original priority date. Once the application is approved they will give you the original priority date. Hopefully, the approval for employer C would also reflect Nov 2012.
  14. You should have at least 3 pay stubs in order to confirm you are in the status.
  15. Chai

    H1B 60 day grace period

    The start date of the grace period is at the discretion of USCIS. This is not under your control. Guys, he is talking about "Leave of Absence", approved by an employer, which is possible. This is considered as a continuation of employment. However, if an employer decides to terminate the employment relationship after the end of the leave, then "Leave of Absence" is no longer relevant. @TanR To be on the safer side and avoid accruing out of status, you MUST consider June 21, 2019, as the start of 60-day-grace period. And let USCIS decide what should be your last day of authorized employment.