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xTDx

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Everything posted by xTDx

  1. xTDx

    Unpaid Leave on H1B

    A few options to think of: 1- See if you can work from home or have flexible work hours. May need new LCA/H1b amendment. 2- See if you can move to home country and work from there or take a break from there. Not a bad idea to have your plans go through an immigration attorney.
  2. xTDx

    Want to take break on H1B

    You can only have one status. You are either working on H4 Ead or on H1b , so which one is it ? Moreover you cant choose to work on H4 ead one day and then the next day to work on H1b. Your status (H4 or H1b ) is dictated by your i94. That means you are on H4 and H1b is not valid. Your H1b employer quite probably asked USCIS to withdraw the application as per H1b law.
  3. xTDx

    LCA impact on h1b duration

    H1b will be approved as per LCA details. If work duration is listed on LCA for 5 months. H1b cannot be approved for more than 5 months. Then let's say you have a client letter valid for 2 months, then USCIS will approve H1b for only 2 months.
  4. xTDx

    Working as Indian employee from USA

    IF you are inside US, US immigration and labour laws are applied to you. In other words , you cannot work in US and get paid in ur Indian bank account or us bank account without work authorization from USCIS. You should get your ideas through an accountant/immigration attorney.
  5. 1- No impact, the visa classification is different. 2- No issues, there is no such thing as safe option. If your spouse is eligible for H4 then they will get H4. As I said there should be no impact of F1 rejection on H4 unless F1 was rejected for fraud reasons(212(a)(6)(C)(i)). 3- See 2.
  6. xTDx

    RFE for H-4 EAD extension

    FYI, X & Y may work pretty well in maths , however, on forums they simply confuse people. Now getting back to your question, if the dependant is in H4 status with a valid i94 till April 2021, then they should send back the i94 to uscis. Assuming the i94 or H4 status is only valid till March 2020, they would have to get H4 extended to april 2021 first(form i539), before asking uscis to extend ead. In other words, H4 ead will only be extended until current valid F4 status which is governed by i94 and not H1b petition expiry.
  7. AP is a black hole. All you can do is wait.
  8. OP is not planning to use AVR. OP wants to make use of existing visa which usually gets revoked when you appear for h1b renewal. OP, I suspect your existing visa is valid. They do not need to write anything on the passport or physically cancel the visa to revoke it, they can simply do it in the system. I would confirm with Toronto consulate before attempting to cross border because if you are denied entry by CBP based on expired visa then you have another thing to explain next time you apply for visa or entry at a cbp post.
  9. xTDx

    Reapplying for F1 visa with Felony&Misdemeanor

    I am curious , why you did not fight the charge "properly"? If you plead guilty that means you did it period. IMHO I see very little merit in getting your new F1 approved. But that should not stop you from trying. For what you pleaded guity to, you would have to work with an immigration attorney to review your charge and disposition in depth. No one here can help you on that and neither should you accept any suggestion from anyone else.
  10. No need for a new visa. You can travel with current valid visa from the old employer and have your i797 ready in case CBP wants to take a peek.
  11. Nothing is true until it gets published by USCIS.
  12. You have to wait for a few days. All applications show up as AP on CEAC for 1-5 business days. After 5 business days, you should contact the consulate if you haven't received any response or an official communication about 221g AP.
  13. It means that they did not issue you the visa yet. CEAC should show final processing or issued for your visa to be issued. You will most probably pick up passport with another 221g slip or requesting more info or to appear for another interview.
  14. It depends on state requirement. For example NJ requires 6 point ID check. For H4 you dont have an approval notice but you do get an i94. Print i94 from internet and take it along with other docs that they need. If they do not help you , talk to supervisor. Also go to a different DMV in your state if all fails.
  15. You could get it from FBI namecheck using your fingerprints. FBI made it very easier and now a days you can get your arrest record back from FBI in about 4-6 weeks max or even earlier. But DHS has access to electronic FBI records in seconds so they should not even be asking you these in the first place.
  16. xTDx

    H1B Second RFE 2019

    Most people in this world want magical answers to their problems. And I truly wish I could help them 😞 We should have a sticky topic for most frequently asked questions. Who is up for contribution? I am up.
  17. You could have asked that while the officer handed 221g slip over to you. If you want me to take a guess, I would say they want to verify you did not violate F1 status by using illegal CPT.
  18. Your old i94 is valid as CBP on land borders do not generate a new i94. unless you specifically ask for one. This should not be an issue.
  19. xTDx

    Recomanation for filing I140 EB2 Vs EB3

    SO you want to listen to unknown forum people for a recommendation? Nobody here have no clue about your position , job profile, employer and your case specifics. you should work with your employer and their attorneys to file under appropriate category.
  20. You can check your case status here : https://ceac.state.gov/CEACStatTracker/Default.aspx?App=NIV Application ID is your DS160 number. Nobody can tell you about the wait time as its not standard and nobody here can give you a number.
  21. xTDx

    H1b Visa Stamping

    Nobody here can calculate any chances for anything. That would be absurd to ask in the first place. My suggestion is to work with your criminal attorneys and immigration attorneys to review your case and any complications that may arise because of all this.
  22. xTDx

    Domestic violence 273.5(A) and VISA revocation

    It will not help you now but I wish most people knew that nothing comes out good from talking to police. Ever. I am not saying that one should hide the truth, I am simply saying that you don't have to say that to police right there when everybody is under stress . However, that's what happens most of the time. We all are humans. Mistake happens and its all a learning experience. Again, you should only be talking to professional attorneys before you make a decision because there is no point of making a decision if one doesn't know all he pros and cons of making one.
  23. Elaborate it further please. If you are on OPT/F1 and COS was not done for any reason, then you will stay in F1 status until you get COS done or leave country and get H1b stamp using approved i-797 and come back under H1b status. you cannot simply file for H1b extension when you have no H1b status to begin with. Your employer can file again next year and try to get COS done for you. Or you can find a cap exempt employer and get COS done to H1b anytime.
  24. xTDx

    H4EAD (H4 Dependent) to H1B

    Change of status application should have been filed with H1b application. If that was not done, then she can leave and get a h1b stamp to come back under h1b.
  25. xTDx

    H1b final year and i140

    Your best and quickest path would be to request your employer to issue you an i140 approval copy or the receipt number to say the least. If you are filing FOIA as an alternative, make sure you do it the right way, in other words, get help of professional attorneys who deals with FOIS requests. USCIS has sent empty letters in the past for a lot of legit i140 requests.
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