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Everything posted by xTDx

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. xTDx

    New lawfirm and expunged misdemeanor

    I think OP is worried about disclosing it to their employer. IMHO , you should disclose it to your employer. Also curious question : did you ever answer with a YES to the arrest/conviction question on ds160 ?
  6. Your best bet would be to hire a professional and get your case reviewed for an optimal strategy. As said above EAD path might work. It may be a one way street though.
  7. Focus on the mail and reasons specified in mail. Not a bad idea to get your case reviewed by a US immigration lawyer. They can review and suggest if it even makes sense to reapply.
  8. xTDx

    H1B transfer denial with I-140

    No, DS160 doesn't ask about petition denial history.
  9. xTDx

    Domestic violence 273.5(A) and VISA revocation

    It is of paramount importance that you hire professional immigration attorneys who can work with your criminal attorneys and work out the best possible strategy for your case. I will not say anything else. This is the best suggestion that I can offer.
  10. Verbal visa approval is positive but by no means a final approval. This is quite the norm these days. The visa is not actually approved until you have it stamped on your passport. A verbal approval doesn't mean much. An email approval means little and a stamp in the passport means what exactly it is suppose to mean.
  11. xTDx

    Traveling to India on CPT

    Another thing to consider is that you will probably not get another F1 based on documents issued by Cumberlands. And yes, CBP can deny your entry as well (If they have credible evidence against the Cumberlands). A simple google search tells a lotta bad things about this university. IMHO , you should not travel if you are planning to come back while your associations with Cumberlands are current.
  12. xTDx

    Can we to Canada for H1B stamping?

    Yes you can go to canada. However , it is suggested to get it done in your home country or where you can stay for a longer time in case 221g is issued to you.
  13. Contact and work with competent immigration attorney for the review of your case and for an optimal strategy.
  14. xTDx

    Blank Pages for US Visa Stamping

    Read my answer above.
  15. xTDx

    Available Dates for Stamping

    Dates keep opening randomly. There is no short way to find it without paying and trying to schedule an appointment. Asking for appointment dates without paying fee and actually trying to schedule one is pure useless. If you are not able to get one , then keep trying and you should be able to get one in next week or so. This is what I tell everyone . Pay fee and try to schedule.
  16. Talk to your new employers attorneys and ask for their help. You can also request your current employer to share i797 copy as they have to share it by law. You can show them what they are doing is illegal and stand up for it. They are most probably trying to play ball and want you to sign the worthless contract which may or may not even legal binding. Again, start working with attorneys with this matter, you will not have any clear path here.
  17. xTDx

    Blank Pages for US Visa Stamping

    For US visa, you only need 1 full blank page for the visa stamp . US doesn't care about any space for the port of entry stamp . They will stamp the class of admission and validity anywhere they find space and if no space is there, they will stamp on top of other old stamps. So I would say you should have 1 for the visa foil. Some countries want you to have 2 full pages for port of entry stamps but US do not care about it.
  18. xTDx

    221G OTTAWA H4

    Not only risky it is illegal. I would give Ottawa at least a week. Two weeks max and have a plan B (Travel to home country ) ready.
  19. xTDx

    Travel to India during OPT-STEM, F1-Expired

    Generally there should not be an issue in getting F1 renewed with an OPT endorsed i120 and a valid EAD in hand. However there are many moving parts here. - Did you ever violate F1 status/OPT rules ? - Did you do multi year CPT or OPT or day1 CPT ? - Any criminal records ? All of the above can create issues for you. I would suggest to get a professional review of your case done by a competent attorney. Some officers have known to reject OPT based F1 applications because F1 is for study 😞 . Also there have been times where F1 was denied because the applicant had only a month or so left on OPT. Travel on OPT in general is not suggested because of these reasons.
  20. xTDx

    H4 Denied

    From the info provided, it looks like OP was quite probably out of status and USCIS denied COS to H4. MTR itself doesn't give you a status to stay in US.
  21. xTDx

    H4 EAD Pending - Leave of absence

    No need to terminate. Stopping work and stop getting paid and you will be fine.
  22. No you will not be in trouble. Correct. You can go to your home country for h1b stamping whenever you have time. You only have to go to stamping if you want to come back under H1b. That's why the h1b is filed with consular notification so that your change of status is not automatically by USCIS on 1st of october.
  23. xTDx

    H1 B extension denied

    The only advice is to work with your employer and their hired attorneys for the petition. In general no employer would want you to work with your choice of attorneys as they have their own. Your best bet is to work with them. You stay out of the process. This is your employers petition and not yours. It is only filed on your behalf.
  24. Yea sure. You don't have to go for stamping. You only would go to get a stamp if you want to come back under H1b.
  25. 1. It is risky to travel while extension petitions are in motion. H4 extension will be denied if the petitioner is not in US for the extension. H4 EAD depend son H4, so H4 EAD will be denied or a RFE will be sent out to say the least. What do you mean by notified separately ? H4 extension and H4 EAD applications are filed using two separate forms that generate two separate applications number , which will generate two different notifications. 2. H4 EAD applicant can travel outside once the application is pending with USCIS but if H4 EAD application depended upon H4 extension as in your case, I do not see H4 EAD getting approved if you travel outside US.