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About Surfer123

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  1. Surfer123

    Remote Employee - Address Change

    Since you are remote employee, your current home address would have been listed as primary work location on your LCA. Anytime you move to a new address and if this address doesn't fall under the same MSA, your employer has to file for H1B Amendment with the new work location. Logic is quite simple - prevailing wages almost always differ by region and uscis needs to know that the employer is paying the prevailing wages at least https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision Your employers' immigration team is obviously well aware of what needs to be done.
  2. Surfer123

    H1b is denied

    In your other post you mentioned that your extension got a NOID status last week. So are u expecting that it will eventually be denied or is it denied already? Anyway, since it's the extension petition that is either denied or you are expecting to be denied, you are cap-exempt and any employer can file a cap-exempt petition for you. Depending on your I-94 expiration on your current H1B, your next H1B approval could be a consular processing one.
  3. Surfer123

    H1b job loss and transfer question

    If the new employer files the H1B transfer prior to the 60 day grace period expiration, you are totally fine. You can start with them on receipt notice and once H1B is approved, it should come with a valid I-94 - so need to go out of country and get it stamped. If I were you, I would just make sure that a competent attorney takes care of your H1B petition on time and before the 60 day grace period. Good luck.
  4. Surfer123

    H1b revoked, while on H4.

    Yes. Employer revoking a petition when a beneficiary is not working for them any more is required by law. Every employer does that and that doesn't have any bearing on your scenario.
  5. Surfer123

    H1B stamped, travelling on H4

    Any employer should be able to file a new cap-exempt H1B petition for you. Since you are in US on H4, this will be a COS petition and you won't be able to work on receipt - COS has to be approved with a valid I-94 before you can start working.
  6. Surfer123

    H1B April 2017 case pending with Vermont Service center

    You might get a better sense looking at the H1B tracker on Track-itt website. Can't paste the link here as it will get masked due to forum rules - just google "H1B tracker" and you should find the link. People are pretty diligent in updating their case statuses on there.
  7. Surfer123


    Honestly, it is difficult to guess the chances here, not in the current climate. Anyway, if the NOIR is in fact due to duplicate filing and if your employer has provided USCIS with a plausible explanation as to how they ended up here, I personally would think it won't be a problem to get the NOIR resolved (especially since they have approved the first petition)
  8. Surfer123

    H1b revoked, while on H4.

    Any employer should be able to file a new Cap-Exempt H1B petition for you (COS from H4 to H1)
  9. https://www.uscis.gov/tools/how-do-i-customer-guides/while-my-case-pending Your employer should call USCIS asap and get direction on how to approach this.
  10. Surfer123


    Btw, what happened to the second application that your employer sent after March 31st? Did USCIS send it back as duplicate filing? If that is the case, are u sure the reason for NOIR was because the application was sent a day or two earlier than it was supposed to be? Since your petition was approved, I am hesitant to believe that they had no problem approving it fully knowing that you guyz sent the petition a day earlier and then somehow figured they had a problem after that. Ask your employer to share the NOIR they received from USCIS. On a side note, I would strongly suggest against enrolling in a shady university that dole out CPT from day one. That can ruin your future H1B chances.
  11. A lot of it depends on the job requirements of your role and then what kind of company you work for. If the job you are working and interviewed/LCA applied for, had a minimum requirement of BS or MS in CS or related field, it will be a straight forward petition as your MS in SE can be utilized as core justification. But if your job requires only a Bachelors degree and that too in CS kind of field, the burden of proof of how your Mechanical engineering background fits the role will fall on your employer. If the job requires only a Bachelors degree, any higher degree is irrelevant. Since this is an extension, though I highly doubt any issue even in that scenario, I would make sure the petition is handled by a competent attorney and carefully.
  12. Surfer123

    H1B visa expired by 2014 October

    It doesn't matter whether he traveled to US and worked on H1B. He was cap counted. "OP got H1B approval while living in other country, and he went for stamping which got denied" - It is very obvious from your reply that u thought he didn't have a valid visa stamped and didn't realize he got it approved 2nd time around. Anyway, question was just about whether he will be cap-exempt or not when filing a new H1B petition and he is at this point of time. In the past, once cap counted and had an approved I-797, an employer could file a cap-exempt H1B petition for up to 6 years from the latest H1B approval start date. I can't be sure if something changed in this regard - an immigration attorney sure would and hence asked him to seek help from a qualified attorney.
  13. Surfer123

    H1B visa expired by 2014 October

    If I read it correctly, he seems to have gotten his visa approved the 2nd time around with a new cap-subject petition "My employer got that approved again and the new I797 was valid from November 2012 to October 2014. I got it stamped in mid 2013 with validity till October 2014. But I never travelled to US using that Visa, and it expired."
  14. Yes, he can with a valid I-140
  15. Surfer123

    H1B visa expired by 2014 October

    I would check with an attorney and also research more but I believe you are cap-exempt for up to 6 years from your first cap counted H1B start date - so that would be from Nov 2012 to Nov 2018 in your case and if your employer initiates a new cap-exempt petition prior to Nov 2018, you might be able to avail the benefit of being cap-exempt. It used to be that way few years back but not sure if anything changed since. Anyway, consult an attorney or your sponsoring employer legal team, to be on safe side