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Everything posted by xTDx

  1. xTDx

    Termination notice

    Did you sign such a letter that states that you agreed to give a notice of 30 days ? If yes and all conditions of the agreement are met, the employer can legally sue you very easily for damages. Whether they will do it or not is a different thing. Delayed salary also seems like a violation of h1b laws. Did you sign any such documents that said you will be paid 30 days late ? If not, they are probably trying to scare you to get out the last month of profit from you and your client. Now, my suggestion to you would be to leave such an employer asap especially when you are on H1b. Whether you give your notice to him or not is trivial. Consulting a labor and immigration lawyer won't hurt you in anycase.
  2. You cannot apply for AOS/i-485 until your priority dates are current. There is no workaround for it. You can check latest USCIS Visa Bulletin and see if your priority dates are current to be able to file i-485 at this time. See it here : https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-july-2018.html I am assuming you are applying under F4 Visa ? If yes, then your dates are not current
  3. xTDx

    H1B new Employer - Driver License

    USCIS office will no do anything beside telling you that the petition is valid. When you go to DMV or SSN office to get DL or SSN card, they do a SAVE check with USCIS which tells them almost instantly if you are in valid status. For name mismatches or similar issues, they can send the fax/copy of your records to USCIS/SAVE offices and get a decision. There is no other way beside trying a new DMV with your valid petition and i-94. What DMV office is it ? What state ? The uneducated staff (for immigrant issues) does not probably know how to deal with such situations. They probably do not know that multiple petitions can be valid at a given time. That's why you either need to go to a different DMV or ask for a supervisor. You can check what agency on what date sent your case to verify your legal status with SAVE here : https://www.uscis.gov/save/casecheck PS: Make sure your old petition is active or you are in valid status before you decide to visit any USCIS/facility. You may not be able to come back. It's not even bad to hire an attorney to make a visit along with you to DMV in case everything else doesn't works. Not sure if this will work, just throwing it out on the table.
  4. USCIS online tools are not one of the best tools on planet. Please refer to the email and incoming physical approval notices. I am aware of several cases that are not updated online for years. If there is a RFE sent after approval, your employer will get that too.
  5. xTDx

    I-140 RFE on University accreditation

    I am sure there are thousands of immigrants who used this Univ's credentials for immigration benefits in the past. However, in this case USCIS officer either looked into the universities accreditation history in depth and got confused or their systems are not updated. And as per the RFE there is a confusion in the officers mind. The best way to respond to RFE will be based on the in depth review of the accreditation history by the attorneys and procure the required documents.
  6. "As soon as I noticed the issue, I have contacted immigration attorneys and they said, we have to file an amendment." - WHo are these immigration attorneys ? Are they working for your employer and filed your petition in the first place? Anyways, it should not be much of a deal as some company's finances are handled by the parent company. Your employer might be doing the same. Amendment will probably not be a bad idea. And I do not think h1b transfer will be an issue just because of that. In theory H1b transfer is not a transfer but a new petition by a new employe. H1b amendment will be considered an isolated event as well. Nobody knows for sure how USCIS officer will look at it. Usually if there is a mismatch and no documentation is given to map those two names, there might be an issue or an RFE which should be very easy to challenge. Nobody can tell you anything for sure without an in-depth review of your case. I would ask these questions to those immigration attorneys first.
  7. xTDx

    Travelling during H1-B pending COS

    H1b will be approved if it had to be approved. However, COS will be denied as you will have no status to change to H1b. COS as the name suggests is change of status from status X to status Y. When you are not in USA, you are not in any status. You would have to do consular processing and get a valid H1b visa from consulate to try to enter in USA under H1b.
  8. xTDx

    Travel during H4EAD processing

    NOIR is sent when you file h4 extension along with h4ead with i-94 is expired or expired on the day of USCIS reviewing the application for a decision or for other reasons. If you have received a receipt notice from uscis for h4ead while you were present in USA under H4 and sent your valid i-94 along with application , NOIR sent is in error and can be challenged. You need to be in valid H4 status while filing for H4 , however you can travel internationally while application is under review. Not a bad idea to get it checked through an immigration attorney though.
  9. xTDx

    Travel during H4EAD processing

    Incorrect Info. Travelling on while H4 EAD is in process (you have been sent a receipt notice) has nothing to do with approval or denial. Except that , if they send you an RFE, you might not be here to see and reply to it. You do not need to be in continuous H4 status while h4ead is pending decision.
  10. xTDx


    Thats what this email is about : ReportH1BAbuse@uscis.dhs.gov : H1B Abuse. Emailing them will not result in shutting your employer down the next day. This is just the first step from you where you represent people already being abused by vendors and what not. You do not have to sell your employer or what you feel to anyone or us. All I am saying is, if you care to email them, be ready for the worst and make sure you go through an immigration or any qualified lawyer first.
  11. xTDx

    Move H1B and I-140 to new company

    1- Once H1b is approved for a validity period, it will stay valid if all the conditions are valid for the employment unless uscis revokes it for fraud or misrepresentation or something in those lines. i-140 withdrawal doesn't mean anything in general with respect to current valid H1b. 2- Yes, you can retain your priority date.
  12. xTDx

    Expiry date on H1B

    I am not sure about the timezone but in essence, yes , If an officer looking at the current petition's validity date (for PoE or any other immigration benefit etc ) and his local watch says its valid, then its valid.
  13. This definitely looks like a typo /clerical error at USCIS part. There is no reason to approve it for the past date unless it was requested to be approved until March 31st 2018 in LCA or in i-129. If LCA and i-129 employment request dates are correct and are in future. You should take measures to get it corrected by USCIS. Try checking/submitting a request to correct it online here: https://egov.uscis.gov/e-request/displayTypoForm.do Your lawyers and employer might know a better or quicker way to fix it. Make sure you get this through those guys first
  14. But wouldnt his l1 visa be cancelled by the consulate when he appeared for h1b ?
  15. xTDx


    Right way to do is to report to USCIS via ReportH1BAbuse@uscis.dhs.gov and DOL as you found out yourself. This may lead to revocation of your petition itself. Better to move to a better employer first. Also , for critical issues like this, make sure you get your ideas and plans through a qualified immigration and or labour attorney.
  16. xTDx

    Employment Based greencard

    day one CPT = Say goodbye to life in USA. Its illegal.
  17. Yes , I see no issues in your situation so far. Make sure you get this consulted through a qualified immigration lawyer.
  18. Consulate will probably not take anything except certified final court disposition. You should carry court docs and police report at the bare minimum. No need to carry FBI rap sheet, they have it already. In situation like these where the charge was lessened to something else, they might want to look at case transcript that helps them understand what happened at what point of case proceedings. Usually on the state court records website you will have that transcript. Regarding DS-160 , short and specific answers work the best. I would simply state the charge you were convicted of. More details you put in DS-160 , more chances they will not go through it and will cause confusion. Let them ask the follow up question. Simply stating : "Was convicted of disorderly conduct in month of 2018" works. But thats me. Regarding consular officers questions, be specific, truthful and precise. There is no one solution fits all answer. Just tell him whatever happened truthfully as clearly as you can. Let him drive the discussion. Another suggestion as you already mentioned would be to make sure you get all of this through an immigration attorney. Do not cheapen out.
  19. Golden suggestion to you is : For critical issues like this, do not wait for internet people to respond to your questions and consult qualified attorneys. You didn't even provide complete information. Nobody has a magic wand to understand your concerns or issues without you providing complete information. Are you in USA ? Do you have a valid i-94 ? If yes, just go to CBP station nearby and make sure all is correct. In theory you do not even need to do that if you entered USA after your h1b approval without the extension of status (i-94). Because when you entered USA, your i-94 was issued and with length of stay till your petition expiry date (assuming it is 2020). If you want to join a new employer, they will use current i-94 to extend your status until their petition request dates. Again when in doubt , consult qualified attorneys.
  20. xTDx

    H1B LCA Amendment went to RFE

    It would really help others to answer your questions if you can provide complete details about the case. RFEs come in many types, shapes and forms. What is the RFE about ? What was the LCA change about ? If RFE is not responded within the timeframe supplied by USCIS, the petition will not be approved. Nobody has a magic wand to answer your questions.
  21. xTDx

    H1B Transfer RFE

    Please try to give complete information. What was the RFE about ? Was it about "speciality occupation" ?
  22. xTDx

    H1B Stamping Risk - Visiting India

    " My visa got renewal last year 2017." , I am assuming you are talking about your h1b extension petition here. Anyways, most of the non full time h1b visa petitions are going into admin processing. DOS (dept. of state or consulate) cannot probably deny you a visa based on your low salary if its more than LCA. But based on data from LCA and i-129 petition (type of position, level 1 wages , specialty occupation etc) , DOS can and has in the past sent the petition back to USCIS for review . USCIS generally doesnt do anything and sends it back to DOS saying the h1b petition was approved correctly(most cases). But as you can imagine, this will add months to your visa application while you being stuck in your home country. Again, not trying to scare you but this is happening right now on cases like yours where wages are super low, the employee-employer relation is not strong and for consultant type positions. Likelihood of your visa application going into admin processing for extreme vetting of your h1b petition and you is more likely than not. Another suggestion is to consult a qualified attorney who deals in work authorizations like H1b etc . Talking to your employer and their attorneys is a good start. These times, do not travel if you do not need to , specially if you need a visa to come back and you have time restrictions. Be ready for an AP. Have pay stubs, w2, tax documents, education documents, court documents (if any) ready. Carry copy of original h1b petition i-129 and LCAs. Again if you need to travel , be ready that your case might go into AP for weeks. Be ready (and have your client/employer notified) that your employer and clients will be verified by DOS even though USCIS already did that. And keep us updated. It helps others a lot when people share their stories.
  23. For critical issues like this, please consult a qualified attorney. This issue can go to several routes (bad and worst) from immigration prespective and I would not risk it based on an "online" suggestion. My 2 cents : consult and attorney. Starting from your employers attorneys is a good start.
  24. xTDx

    Drop box eligibility

    Think about the date you will be appearing for interview and that seems to be more than 12 months as you will be travelling on 25th Aug 2018. So no, at the time of your interview your visa would have been expired for more than 12 months. Also if I were you, I would not even do the dropbox as most of the cases are called for interview/fingerprinting anyway, which actually adds another week or so for the visa decision.
  25. xTDx

    H1 to H4 COS (I-539 questions)

    Very much self explanatory. Part 4 Question 3: NO , unless you have a immigration visa application in progress or filed in parallel. Part 4 Question 3: YES , as you have a i-140 approved which is an immigration petition.