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About xTDx

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  1. xTDx

    On OPT...New H1B denied...what are my options

    No need to cancel MTR. Let it go through. By the way you cannot move to a new employer based on your "lottery picked up" H1b application. You need to be on H1b status for you to switch employers. You can do it once current under RFE application gets approved and you start working with your employer under H1b status.
  2. 1- You can stay in USA past 240 days , however you cannot work. After the 240th day, you must wait for the USCIS decision without engaging employment . 2- As your i94 is expired, you must wait for the decision on your ongoing under RFE h1b extension. There seems to be no other way beside 1.
  3. xTDx

    H1B transfer and 60 days grace period

    1. You get no grace period if you quit voluntarily. 2. See 1. You get no grace period. Your previous employer is required by law to notify USCIS your last day of work. So assuming they are in process of doing it now , USCIS will probably know your last day of work very soon. If they approve your transfer petition with new employer ,it will be under consular processing. 3. No. As you have left the previous organization and you have no receipt number for new employment, your H1 is gone and you are most probably accruing unlawful stay right now. Suggestion here would be to consult a competent attorney and get your case reviewed in depth and probably leave the country asap.
  4. xTDx

    h4 ead can work with receipt

    H4 ead applicant cannot work on receipt .Not even when you get an approval email or the card is in mail. She can only start working when the card is in her hands.
  5. xTDx

    My H1B Case Was Reopened For Reconsideration

    USCIS online tools are not one of the best tools in the world. They do their job of meeting expectations most of the times. The only option here for you is to wait. Let them make a decision on the petition.
  6. It may not be legal. Once you start working for new employer you cannot work for the old employer. For you to be able to work for old employer, they should file a new petition and seek work authorization for you from USCIS.
  7. Premium processing or PP is suspended right now for most petitions. Some of the petitions that are eligible for PP are EOS i.e extension of status for the same position/employer or cap-exempt petitions filed by non-profit institutions. As you are not in USA (hence not eligible for EOS), your immigration team might be explaining you in a different way that you are not eligible for PP.
  8. xTDx

    Confused about this UNLAWFUL PRESENCE

    It all depends on : 1- If USCIS considers the purpose of CPT issued by the Day 1 CPT Universities as unauthorized, then F1 students will start accruing unlawful presence. 2- You are allowed a max of 12 months of practical training on the same level (beside OPT STEM extension) . Did you work on Day 1 CPT and any other older CPT for more than 12 months ? 3- Finally, Day 1 CPT colleges are mostly seen as not legit. Unless 2nd Masters CS program required for you to have a CPT from Day 1, you are violating F1 status. I really doubt a CS program requires you to have a Day 1 CPT. It would be even more difficult to convince USCIS for future immigration benefits. So looks like trouble for you. There are multiple factors here. My suggestion to you would be to don't get confused and start consulting competent lawyers for in depth review of your case and appropriate guidance.
  9. Yes you can. You need 2 things: 1- Travel documents - Passport and valid visa 2- Valid job . Provable by valid i797.
  10. xTDx

    H1 Transfer without I140 Approval copy

    Yes. Latest USCIS issued i-94 is your most updated i94. Wouldn't that be a common sense ?
  11. xTDx

    Can H1b be transferred with an expired I-94 on RFE?

    Yes, any employer can transfer your H1b with an expired i94. The only issue is that the transferred petition if approved will be without the extension of i94 i.e under consular processing. That is why you and your employer have to do this experimentation while i94 is valid. 1- If your current h1b is denied after RFE and i94 expiry, you have to leave immediately. 2- No, if i94 is expired, then the new petition if approved will be under consular processing.
  12. An individual in H-4 status cannot work. The issue is not whether or not you are getting paid, but whether the organization would ordinarily pay someone for the "work" you are doing. If it is truly volunteer work, it may be permissible. But simply calling something volunteer work, does not necessarily make it so. H4 visa holder is not allowed to be engaged in any forms of employment, including unpaid internship. But you definitely can volunteer at Not-For-Profit organization. So, volunteering in a local hospital, shelter, food bank would qualify. Volunteering your services in any skillful capacity for which you are trained or in which you have worked before would not. Personally, I would not suggest it in current times. It just creates too much of a risk and possible RFE for future immigration benefits. On the other hand, people get away with a lot worse.
  13. xTDx

    Names mismatch in Passports

    You already know the answers. 1- Who is applying for the visa ? You or your parents ? DS160 is individual application. So wouldn't it be as per one's passports ? 2- NO risk. This is a visitor visa application and there is no question of name mismatch with their son. 3- Passport, reason for travel, evidence for financial strength to support the whole trip in USA i.e bank statements and evidence of ties to home country i.e job at home country etc. There are no specific documents list.
  14. It is weird and a clear case for denial under B1 If your case has any merits, your future employer should be doing all of the decision making in calling you to US for interview. There is no reason IMHO for you to be in USA for a position based in India. Again, you should consult your future employer for getting guidance on this. As said before, a B1 under the details provided will promptly be rejected in current times.
  15. xTDx

    Regarding COS from F1 to H4/H4EAD

    1- No one knows. How can you assume someone can magically know what future holds. 2- NO. Unless you have h4-ead in your hand, you CANNOT work. Not even when it is in mail and you have a approved email from USCIS and shipping tracking number. Ask yourself again, you already knew this.