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xTDx

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About xTDx

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  1. xTDx

    H1B VALIDITY DURING SEVERANCE PAY?

    1- As a rule of thumb, your grace period starts from the last workday. So 25th Sept. 2- You will have to leave country to move to a different immigrant/non immigrant status 3- As soon as a new employe timely files an H1b petition for you. Timely means before the grace period ends. Around this time USCIS is taking 1-4 weeks just to acknowledge and provide a receipt. 4- You can and probably it will work. But if your 60 days are over starting 25th Sept and USCIS questions the pay slips, they may not approve extension of status. If approved without extension of status, you would have to leave USA and re-enter with a valid visa.
  2. TOEFL/IELTS are not related to immigration status. These are school and program requirements and it is upto the school to decide if they need TOEFL or IELTS from someone who has studied here most of the time. Please consult this with school officials.
  3. xTDx

    H1B Extension REF 'Availability Of Work At End Client'

    This A B C B makes my head hurt. Who is your end client? C or someone else ? The bottom line is that you do not submit anything, your employers attorney will reply to RFE. It is what it says, they have to submit the proof of work at the end client. If they have already submitted proof of work availability at end client, then they should respond to RFE more clarity and in concise manner that can explain things to USCIS. Unfortunately, the burden to make USCIS understand what the position and employment layers are is upon the petitioner employer. Another suggestion is to stay away from these many layers of work and find a good full time direct employment. This all looks shady to me and to uscis for which they have RFE'ed your employer about their petition.
  4. xTDx

    H1B Portability Question

    You already know the answers. You should not join without an approval from uscis. Nobody know if it will get approved or not. Your employers attorneys are the only people who have insight in your case. PS: It is all a grey area. What if the original petition is denied straightaway for lack of client letter ? How does an amendment for a denied case looks like ? Can you bet your immigration status on competence of USCIS ? you already know the answers.
  5. One would assume that USCIS will automatically extend her H4 ead noticing that they have recently approved primary applicant's extension. Unfortunately this almost never happens and the path for her h4 ead extension is not straightforward as it should be. Sadly the burden for immigration benefits falls on the applicant and USCIS is almost fully funded by the applicant fees. You can either file another H4 ead application with latest approval documents or can wait for the initial ead to come and file for extension after. To avoid this, you should ask your employer to file her h4 , h4 ead along with your extension.
  6. Usually you get an email if a visa is revoked by DOS. Overstay is an overstay. Staying 6 months on a visitor visa doesn't look good in the first place. If visa is not automatically revoked already, It is highly likely that they will be be denied POE and POE officer will invalidate the visa on the fly. SO the options are somewhat like this: 1- Apply for new visa , explain the 6 months of stay and overstay truthfully to the consulate. 2- Take a risk and try POE, explain the 6 months of stay and overstay truthfully to the POE officer. You should be ready to be disappointed in both cases. I would also suggest you to consult an immigration attorney for further clarifications.
  7. xTDx

    New salary wages

    This is kind of grey area. However, as a thumb rule, If you have started working at the new location then the LCA terms for the new location should be in effect and by not paying you the LCA amount, your employer is in violation of h1b laws. Wouldn't hurt to consult a qualified labour and or immigration attorney in your area.
  8. There are a lot of moving parts here. For example 2 and 3 will depend upon what was the RFE based on leading to the denial. 1 is always an option but is a very long shot. Why not discuss this with your employers attorneys ? They are paid for exactly this.
  9. xTDx

    Still awaiting H1B Decision

    https://myaccount.uscis.dhs.gov is usually more updated. And this is quite normal as USCIS is severely backlogged. I would not worry about it much until USCIS sends you further communication. We have started to see updates on FY 2019 cap cases. You should get update on your case anytime now. Keep us posted.
  10. This is normal in current times. He will get it through once consulate is done with admin processing of his case and all documents are found to be in order. Now when will the admin processing will get completed ? no one knows. I would keep sending consulate an email every week for the status update and if they are waiting for anything from your end. you will probably get an automated reply telling you that you already know. Read this from DOS : https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/administrative-processing-information.html
  11. xTDx

    Perm filling from outside India

    Perm has no relevance to where you are located,. Furthermore, it is filed by a US employer with Department of Labour and not with USCIS.
  12. xTDx

    Opt extension rejected and cannot start H1b

    Read this please , it may not help you but it may give you pointers for where to start: https://www.murthy.com/2017/09/07/if-an-h1b-change-of-status-is-not-wanted-after-approval/ Also there is no straightforward workaround as advised by senior forum members. You must leave US when your active status ends.
  13. You are good to travel with a copy. Original is not required and is not a travel document in the first place. If original is requested, answer why you dont have it. This question has been answered several times. Please use the forum's search functionality before posting redundant questions.
  14. -yes -yes -yes Employer B petition is an independent petition, if its approved with a valid i-94, you are good to go. You didn't even had to wait for emp B petition to get approved. You could start working on its petition application receipt and didn't have to worry about emp A at all.
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