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xTDx

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Everything posted by xTDx

  1. 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
  2. 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.
  3. 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.
  4. 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.
  5. -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.
  6. For complex and urgent immigration issues like this, please consult a qualified attorney.
  7. USCIS tools are not the best. USCIS have sent incorrect greencards in the past in the number of hundreds because of printing issues. They tools serve their general purpose. I would contact your employer to verify if the funds have been deducted and wait for the in-mail letters from uscis.
  8. You should provide complete information if seeking help on forums. Your statements more look like you need convincing of some sort and not help. To give you context of what I am saying , take a look at these questions : 1 what link ? 2 which school ? 3 What do you mean by similar issue ? You mean RFEs ? Or you mean RFE on the same school ? Again see (2)
  9. I will say this : Consulate have access to the petition already. All they need is a petition number. A copy will be sufficient with an explanation of not carrying the original if asked. Sometimes in rare cases they cant see your petition and will put you on administrative hold while consulate verifies it with USCIS using alternative methods. They cannot deny your visa because you were not carrying original i-797. This happens all the time and as mentioned above, do with what you have. Passport is your only travel document that you need in original.
  10. xTDx

    H4 Visa rejected due to cousin marriage

    1- depends upon what VO stated while rejecting the visa. If nothing was mentioned, then no one knows. 2- See 1 3- You can try the next day, nobody can stop you from trying. Will it succeed is a different story. 4- Again, you can apply for any visa. But as H4 is rejected, which is one of the straightforward visas to get approval for, I would doubt if f1 or visitor visa will work. VO will take it as an another desperate attempt to go to states. I would strictly work on fixing what the cause of the rejection is. I would suggest you to consult an attorney for options in case it was rejected because of marriage between first cousins. Also, Looks like some of the details of the the visa interview are being withheld here. - Did VO state this : "Wisconsin is the only state which does not allow first cousin marriages " ? - What questions were asked during the interview?
  11. POE officers do not ask for i797 copies in general. i797 number and employer is listed on the visa stamp.Assuming you have the visa details correct with correct i797 and employer details, you are good. Just carry a copy in case POE ask and provide reason of not having the original one. i797 is not a travel document. However, you passport with valid visa details is.
  12. Usually POE officers cannot revoke a uscis petition. They can however revoke the visa. He can try going back to consulate and attempt another visa by new employer. Looks like all facts of the case are not specified here. POE officers doesnt just send you back on something like this. The passport presented to the POE had employer A listed with an approved h1b petition. I would get the facts straight with the help of an immigration attorney. Nobody knows what exactly happened and can guess for you except your "brother".
  13. If your employer states it is risky , there is a source of that information. Perhaps they got your case reviewed with their immigration attorneys. IF your employer is not comfortable supporting you for your immigration needs then change the employer. No one here can influence your employer to change their decision and you cannot file employer based petition yourself unless filing for EB1 in NIW. On a personal note, change is the only constant. May be you will like the new job even more 🙂
  14. My default suggestion to you would be to talk to an immigration attorney who can work with a qualified criminal attorney for your case for the particular state.
  15. xTDx

    Fired Because I am on my CPT

    You do not have to convince your case to anyone here.
  16. Online i94 is not available for records older than 5 years.
  17. Yes, untill your priority date is current , any new employer can file a H1b petition on your behalf for a qualified position.
  18. xTDx

    Visa Stamping Requirement - Change of Employer

    You do not need a new stamping unless your current visa is expired or revoked. Just hand over your new h1b petition approval to the POE and he/she will issue i-94 based on new petition expiry dates. Also, please make use of the search functionality before posting questions that have been answered several times before.
  19. Until your current H1b visa expires, you can use it to enter USA. POE should already have your latest i94 issued by USCIS. You can also hand over the new i797 to the POE along with your passport to have your new i-94 match with the latest expiry dates of your h1b petition.
  20. xTDx

    H1B status changed to approved twice

    USCIS tools are not one of the best. They serve their general purpose. Wait for the mailed approval notice and don't worry about it. May be they approved yours for 6 years in a go(Just kidding).
  21. xTDx

    Fired Because I am on my CPT

    There is a possibility that your staffing agency lied to the end client that you have CPT. They would probably have lied that you have a EAD. This is all a theory and I have seen it happen more often than not. Technically you are not authorized to work in USA without CPT authorization for the specific employer and they can fire you for not having work authorization. You should in parallel look for another employer who can hire you as an intern on CPT. There is quite a possibility that your CPT was not related to your studies in the first place. I would suggest you to consult a immigration and a labour lawyer about your case.
  22. xTDx

    Should H4 EAD spouse work in IT?

    The laws of land vary by county. As far as EAD is concerned, she can open any business or work for anybody she wants to. Whether she needs a license or approval from the locality or both to run such a business is a different thing. Please consult an appropriate lawyer to now about the specific requirements of running a home business.
  23. xTDx

    Regarding H1B Reject Case (Urgent)

    I was reading somewhere that someone was able to get help of local senator to get their returned OPT application reconsider and approved in 2 weeks. Everything is possible, USCIS is made up of people too, I am sure they can reconsider your case if Trump asks them to or a court asks them to. Its all a long shot and you should consider all these things in parallel to your primary strategy which is to stay in status I assume.
  24. Under PP , after responding to RFE the PP clocks restart and USCIS has to decide on application within 15 calendar days. Now to start the clock in the first place, they have to acknowledge that they have received the RFE response on a specific date. USICIS is super busy these days because of annual H1b applications and what not. I am assuming 3-4 weeks for acknowledgement and another 15 days of decision.
  25. xTDx

    H1B Extension Denied

    What good will it bring to the beneficiary by getting a copy of rfe/denial reason when it looks like the employer is not going to support the petition anymore. Otherwise why would your employer not tell you the denial reason. What guarantee is that they will even file an appeal. IMHO it would be a waste of time, money and resources. You should focus on changing employers asap while trying to push them for appeal.
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