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Everything posted by xTDx

  1. No need. You can update the passport when it is due renewal next time. Marriage certificate and h1b related docs are primary evidence for H4 application.
  2. 1- Nobody knows or can know about the chances or probability of approval. 2- Nobody knows. Only way to expedite is to file under premium processing.
  3. xTDx

    H1 Transfer RFE

    No complications or issues with your plan if you continue to work for existing employer and maintaining status. That's how one should change employers, i.e , after getting approval from USCIS for the new employer. Even after B's petition is approved, you don't have to join them and can keep working for existing employer.
  4. xTDx

    H1B visa holder for Volunteer position

    Volunteering is generally permitted with some restrictions. You can volunteer your time unpaid for a nonprofit organization while you are on an H1B visa as long as the work you are doing would typically be performed by unpaid volunteers. So it seems to be illegal imo as the store is not a nonprofit organization and they are probably paying other people to prepare the dough. General rule is to stay away from such grey areas where the interpretation of the law is not quite clear.
  5. xTDx

    H1b extension after a police arrest

    No issues in general during H1b extension process. However, consulate will review your criminal record and assess if you are eligible for a Visa based on the case facts. Not a bad idea to consult with a competent immigration attorney who can review your case details and give you pointers.
  6. xTDx

    Tourist Visa for Spouse when I have H1B

    IMO a B2 application will likely be denied as the correct classification for her is H4 and not B2. She can apply for H4 from Germany and as said before the argument that H4 in Germany will have more chances of rejection is baseless. In fact her chances of getting a visitor visa with the facts presented are quite low, a lot lower than her getting a H4. The only <sensible> way is to apply for H4. Anyways , we would like to know the result of her B2 application.
  7. xTDx

    F1 student landing at different port of entry

    Everything is okay as long as there is a valid justification for the actions. If your cousin has a connecting flight to Wisconsin or have a flight in next few days then it's gonna be okay. Otherwise CBP officer can ask "what are you doing here in PA" ?
  8. xTDx

    H1B Cap exempt, stamping not done

    If you never stayed in US under H1b status(cap subject petition) then you are not eligible for cap exempt petition. You would have to go through lottery.
  9. The prevailing wage for the occupational classification in the area of intended employment must be determined as of the time of filing the application. It becomes irrevelant if the PW changes after a year. So no obligation to match the current PW every year.
  10. xTDx

    H1 extn approved, but not given valid dates

    If your i94 has expired then you should leave ASAP. From the looks of it either USCIS did a mistake or your employer requested dates from Sept 2019 . Either way it can be risky to stay as you seem to be out of status right now. What did your employer and their attorneys suggested ? The only way I see is to work out with your employer and their attorneys to figure out what happened and what needs to be done. Staying and waiting for Sept 2019 will not make you compliant with the immigration law.
  11. xTDx

    H1B Denial 2019

    The best strategy imo for you is to change status to H4 either by leaving US and getting a h4 stamp on your passport (quicker) or by filing change of status application (i539) before your OPT expires. You should get your case and options reviewed by a competent attorney. This suggestion by your employer is borderline criminal and tells a lot about your employer.
  12. xTDx

    H4 EAD RFE

    Why would you provide anything else beside what is being requested by USCIS ? Respond back with what is being requested.
  13. xTDx

    H1B extension denied. Need help !

    Not necessarily but it is a valid argument and USCIS has been issuing RFE's on "more" level 1 wages than it used to. No way beside your employer sharing the denial details with you.
  14. xTDx

    Traveling to India from USA on expired Visa

    Take a non stop flight to India or go through middle east. Airlines stopping through Europe will most likely would not let you board with an expired US visa even though you are going to your home country with a valid passport. Call airlines and clarify. These things keep changing.
  15. xTDx

    Maintenance F1 Status - CPT related RFE.

    You would have to work with your employer and their attorneys to figure out what documentation is required w.r.t your case and respond to the RFE. In general 1) should be explained by the letter from your school that CPT was a required component for the program that you attended. And 2 would be explained by the letters from your employer and or school that your CPT work was related to your area of study. For example: You did MBA and your major was finance and your MBA program required you to have a onsite training or learning experience at an employer in finance field or your work was related to finance. CPT rules were always like that , however due to practical training abuse USCIS is hell bent on issuing RFE's on any change or extension of status applications.
  16. xTDx

    I 94 Expired Extension Denied

    1. Yes , you are out of status as your i94 has expired and you have no timely filed application pending with uscis. 2. No, because you are out of status. An extention or change of status application will be denied. 3. There is no 180 days grace period. If you meant by 3 year ban due to 6 month of staying out of status in USA then the counter starts from day of h1b denial.
  17. xTDx

    H1-B CAP RFE

    USCIS has asked a valid question. You would have to work with your employer and their attorneys to prepare paperwork to respond to the RFE. Only your employer, you and the attorneys know about the position , your skills, job details and how your BS in electronics and MS in telecommunications helped in your career. If your employers are any competent, they would know how to deal with this.
  18. xTDx

    H1B with Arrest Record

    Most states would arrest you if you go over 100 or go 80 over 35 speed limit. Was this the case ? What was your speed and the speed limit.
  19. xTDx

    Help filling DS-160, 'Other Names Used:'

    Yes that's what the whole point of that question is. You specify all other names used. Carry previous and new passport or other ID documents. Carry any court or newspaper or any affidavits that were filed to get the name changed.
  20. Even though the guideline is to apply for h1b extension not more than 180 days before expiration, there is no such requirement with amendments. Furthermore, I have not seen any petition sent back by USCIS for filing too early(even if filed more than 180 days in advance). Things might have changed under Trump but it is not a bad idea to apply for extension bundled with amendment if anything related to your position has changed. For example : An yearly increase. These kind of strategies are followed by competent attorneys and you should work with your employers attorneys to find out the best possible strategy for you and your wife's case. Noone on non immigrant visas should overstay in US not even by one day. DOS and DHS and its agencies have unlimited access to your immigration records. They know everything. They may overlook some of the facts but if they want to know, they know.
  21. xTDx

    LCA for business systems analyst

    Nobody here can tell you that and even if someone do, you should not follow what they say. Only your employer and their attorneys are in a position to review your case , position and job specific details. They should be the only one who should file LCA with appropriate SOC code w.r.t you job functions. Nobody here can magically come up with a SOC code and wage level for you. USCIS is cracking down on consulting positions with low level wages and made up positions where the employee work on some random client site. Better suggestion is to find a better employer and or job profile.
  22. I dont think your program is eligible for STEM OPT extension. STEM extension is for Science Technology Engineering and Mathematics field related programs. A MTR and or any subsequent OPT STEM extension requests will most likely be denied unless you can demonstrate and convince USCIS that your program falls in STEM category.
  23. xTDx

    my I94 expired but have a valid L1A i797 until dec 31 2019

    You do not need a new visa if you already have an existing valid visa in the same classifications. Employers listed on visa stamp do not matter , visa classification matter (H1b or B2 etc). So you can use existing unexpired h1b visa with a valid h1b approval petition to enter USA. You dont need to schedule an appointment at all.
  24. Visa is for entry to USA and i94 dictates for how long one can stay in US. Your wife can stay as long as i94 is valid. If she leaves US after 21st of July , she will need a new visa to enter united states.
  25. 1. Consulate has no authority to deny a petition approved by USCIS. Best they can do is to send the petition back to USCIS for review. So no consulate cannot deny it. 2. Yes, seems like the consulate looked at empA petition from the previous visa. Did your wife provide latest h1b approval receipt number on her ds160. Your best bet would be to contact consulate and or schedule another interview and provide latest h1b receipt. Some consulates have 221g related designated email addresses for you to contact consulate and send documents to. This seems like a human error to me.