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Everything posted by Centepede

  1. Centepede


    During such situation, employers inform you about (1) Separation Date (2) Termination Date. Most likely , they are different. Legally, both the dates are informed to USCIS. Your 60 day period starts on the "Termination Date". Separation Date is the date when, Employer Informed Employee of relieving of all duties as mentioned on the offer under "At Will" employment clause. Termination Date is the date negotiable , i.e. Either (1) Same day as Separation date (2) Last Severance paycheck date or (3) Any date agreed upon between employer and employee before Last severance Paycheck date AND after Separation date. I have been laid off in the past and dealt with such situation with immigration attorneys. And, requested my then employer to make my last severance paycheck date as my termination date which is informed to USCIS as my last day starting which I get 60 days.
  2. Would not bother any of the process. Severance pay should be specified in certain manner on your paystub which is outside of your hourly wage.
  3. Centepede

    H1B Denial - Corporate Recklessness

    I am sincerely sad to read this through. I can understand the emotions behind it. The sense of being crushed overnight is real. I am sorry for you. 3) Since you have I140 approved you have 60 days grace period to find a new employer. 4) No. You have no say in this process. 5) I94 expiration is going to conflict with your 60 days grace period. I94 date holds precedence over Grace period. 6) Yes, having an I40 approved is your leverage and employers who are willing to invest in you will see that as a +ve giving you an upperhand. 7) I140 once approved and priority date is issues, consider that as your personal property. Until you lapse that period after it becomes current you own it. Make sure you find an employer before it becomes current and the one willing to take it over. Once again, m sorry and if you are around Boston area and need help with anything PM me to contact me.
  4. Centepede

    H1B Transfer deinial

    The details of Company B vs Company A Role, SOC codes etc details matter just in general context. During Company A H1 renewal the rejection you had for Company B's petition will not hold any bar. What Company A has filed as your Role, Job description, SOC codes, Title change(if any), your skills will be prime factors.
  5. Centepede

    3 Job Offers

    Roger that @poojB Sometimes a Dr needs his own medicine ::)
  6. Centepede

    3 Job Offers

    For Real, there are 3 Job Offers made to me and I am currently employed with Company A . Since, premium processing is suspended and RFE process abolished risk of "denial" is high. Can I say "Yes" to all 3 offers and have them file my H1B transfer petition? If all 3 get selected I will join my 1st Preference employer but for any reason any of them get Denied I will have backup plan. Question - Is that legal to proceed? This may result into "Damages" but I will deal with that later. Let me know Thanks.
  7. Centepede

    3 Job Offers

    Thanks for clarifying 🙂
  8. Centepede

    3 Job Offers

    @Satya2k1 People are not skeptic about the H1B process but in context of the question I posted. The limitation faced to switch jobs within 2 weeks vs upto 6 months of timeline that process would now take has hit employers and the job seekers both. And I am on the both sides as well. Employers, who planned this year with headcount and budgets for their strategy they planned have taken a hit on hiring and have become Yes Skeptical about how to proceed when the many of the job candidates pipe lined for Sept- Oct hires are not willing to join before H1 approval and on the receipt. Employees, who are in need of the job not just for Visa status continuance but also for the family they support are now being hit where employers are putting the position on hold, retracting offers or being laid off and need jobs asap. EEO employment refers to "Nationality" however no one will give you in writing as a reason that current premium processing is the reason behind the mess but hey you and me and many others have been part of the game long enough to know the truth. and while "USCIS haven't changed a thing in their H1B approval policy, earlier they use to be very leisure and approved h1Bs without checking credentials, but now they are following their policy strictly and thoroughly going through each and every step/document" is partially agreeable the context and the question here is about "Suspension of Premium Processing" which is unrelated to above quote.
  9. Thanks @NotAnAttorney That helps. So, if I am changing job from Google to Apple - Employers being "for profit" I can't have Premium H1 B transfer.
  10. I am confused, doesn't the rule say CA and Nebraska will do the Premium Processing for H1 Transfers for cap exempt ?
  11. I don't mean to hijack the thread but additional question on same topic : --> Does this mean, you can still file Transfer petition in CA processing center irrespective of your location across United States ?
  12. Hi experts ! what do you think is a fate of this bill ? what process will be followed now and how long will it take to become the law ? When will petitioners start getting benefit of it - after senate pass or after president passes and it becomes law? please share your thoughts. Thanks
  13. Centepede

    H.R. 392 House Bill

    Why ? It seems to be proposed by republicans while house majority is republicans and we heard overwhelming “yay” during amendment that was added. How , by who, why and when would it stumble?
  14. Question is Based on this released policy change.Policy On page 5 under (2) Consideration prior to Issuing RFE mentions officers will obtain all pertaining evidence submitted prior by various means before issuing RFE. Or does this policy as a blanket understanding means “ There will be no RFEs , direct rejection” ? please peovide your input.
  15. Centepede

    Termination notice

    Whether you signed an agreement to receive delayed payment or not - You can get them in trouble for "this" forget they suing you about the damages. They got more things to worry.
  16. Centepede

    H1B Denied , got 221G

    Apologies for my lack of understanding of your question/situation and wasting your valuable time to read my irrelevant comments. Answer to your questions : "Yes, You can apply"
  17. Centepede

    H1b transfer

    Based on Hari's post it seems he currently holds H1 visa from Employer 1 and transferring to Employer 2. If Employer 2 petition is rejected he still holds the valid Visa from Employer 1 which makes his presence lawful. In your case , you have a current visa valid till Mar 2019 and Current transfer petition is under RFE, your presence remains lawful as well. The rule you sighted as (4) applies to condition where your current status on "any visa" category is "Expired" AND extension is not filed/approved or IS Rejected OR Transfer petition to any other status is not filed/approved or IS Rejected. Like it states "Upon the denial" is an important use of verbiage.
  18. Centepede

    H1b transfer

    Yes, Absolutely you can. Your current H1B with Current employer is not affected by transfer acceptance or Rejection.
  19. Centepede

    Convert from H1B to F1

    Hi @JoeF if I140 is approved , doesn't that mean he has his priority date and it's his until it becomes current. If he goes to F1 and comes back on H1 again - is that possible even though he has exhausted 6 years of H1B I140 approval can be a route back into H1 - is that right ?
  20. Centepede

    H1B Denied , got 221G

    Not sure why do you have such impression or it's just an assumption. If the company has been flagged for any reason - (a) I would think the company themselves must not be aware , else why would they risk themselves more ? (b) any petition they file is going to be a long shot for approval. If your documents are clean AND Company is clean - Why it was rejected in first place , we can't guess. But the fact that other category of petition is pursued makes me think it's a desperate attempt even though 2 applications should not have any proceedings over other, it will be looked at carefully.
  21. Centepede

    H1-B Transfer through two employers at the same time

    Filing H1 transfer or application from multiple companies is a normal. Many do it for variety of reasons. At the end of the day, look for your personal best interest increasing the probability of having "H1 Transfer Successfully done". Questions about validity of it's ethical aspect is moot considering the selfish interest supported by the legal system , and it's not a abuse in my opinion. If none or 1 get approved you know what you got to do and If both get approved, pick one and deal with the one whom you are going to deny. There could be "legal" burden if you signed any dotted line for liquidated damage and "legal fees" disclosure ( not the Petition fees, employers can't do that).
  22. you are eligible to get 3 years of extension if approved
  23. Centepede

    H1B Extension RFE

    Emergency travels, RFE in progress are unfortunate. There is a legal provision in certain emergencies, seek expert legal guidance.
  24. Centepede

    Cruise - Immigration Experience on Arrival

    The statement below is my own opinion : - I think the current immigration chaos at borders and beyond is against certain countries and more so with undocumented/illegal immigrants. Fact that you have a valid Visa and a passport + guessing from your username the nationality which is not a part of the agenda that's causing a chaos, in my opinion - You should be good to enjoy the vacation cruise and return. there is always that 1% probability at the time of immigration of things going haywire - you me and non one on the planet can predict that.