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Everything posted by xTDx

  1. One would assume that USCIS will automatically extend her H4 ead noticing that they have recently approved primary applicant's extension. Unfortunately this almost never happens and the path for her h4 ead extension is not straightforward as it should be. Sadly the burden for immigration benefits falls on the applicant and USCIS is almost fully funded by the applicant fees. You can either file another H4 ead application with latest approval documents or can wait for the initial ead to come and file for extension after. To avoid this, you should ask your employer to file her h4 , h4 ead along with your extension.
  2. Usually you get an email if a visa is revoked by DOS. Overstay is an overstay. Staying 6 months on a visitor visa doesn't look good in the first place. If visa is not automatically revoked already, It is highly likely that they will be be denied POE and POE officer will invalidate the visa on the fly. SO the options are somewhat like this: 1- Apply for new visa , explain the 6 months of stay and overstay truthfully to the consulate. 2- Take a risk and try POE, explain the 6 months of stay and overstay truthfully to the POE officer. You should be ready to be disappointed in both cases. I would also suggest you to consult an immigration attorney for further clarifications.
  3. xTDx

    New salary wages

    This is kind of grey area. However, as a thumb rule, If you have started working at the new location then the LCA terms for the new location should be in effect and by not paying you the LCA amount, your employer is in violation of h1b laws. Wouldn't hurt to consult a qualified labour and or immigration attorney in your area.
  4. There are a lot of moving parts here. For example 2 and 3 will depend upon what was the RFE based on leading to the denial. 1 is always an option but is a very long shot. Why not discuss this with your employers attorneys ? They are paid for exactly this.
  5. xTDx

    Still awaiting H1B Decision

    https://myaccount.uscis.dhs.gov is usually more updated. And this is quite normal as USCIS is severely backlogged. I would not worry about it much until USCIS sends you further communication. We have started to see updates on FY 2019 cap cases. You should get update on your case anytime now. Keep us posted.
  6. 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
  7. 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.
  8. 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.
  9. 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.
  10. -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.
  11. For complex and urgent immigration issues like this, please consult a qualified attorney.
  12. 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.
  13. 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)
  14. 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.
  15. 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?
  16. 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.
  17. 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".
  18. 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 🙂
  19. 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.
  20. xTDx

    Fired Because I am on my CPT

    You do not have to convince your case to anyone here.
  21. Online i94 is not available for records older than 5 years.
  22. Yes, untill your priority date is current , any new employer can file a H1b petition on your behalf for a qualified position.
  23. 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.
  24. 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.