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Everything posted by xTDx

  1. xTDx

    H1B transfer...petition fedexed

    Quite probably you will not be granted extension of stay and H1b will be approved based on consular processing . You should leave country to be on a safer side and wait for the decision on new employers petition. Did you ask these questions to your new employers attorneys ? They are paid to do exactly this and should have informed you if you should leave country or not after reviewing your case in depth. Especially knowing that they wont be able to timely file the petition before i94 expiration . Remember that a FEDEX receipt has no value. USCIS has to give you a receipt number before you can "assume" continuity of your H1b lifeline .
  2. xTDx

    H1b Remote employee

    Risk depends on : 1- Do you have remote location listed on LCA. 2- Why does your employer need you in USA if you can work from anywhere. Full time remote work is seen shady and USCIS would have thrown a RFE at you if they would have seen only remote location in LCA. My suggestion would be to consult an attorney for in depth review of your case. Especially when we are seeing a lot of 221g delays for straightforward cases. Asking these questions and reviewing your paperwork with your employer and their attorneys would be a good start.
  3. xTDx

    B2 Sponsorship

    These is no such thing as sponsorship for visitor visas. They will have to prove their eligibility on their own and on merits.
  4. You most probably wont need them during H1b visa interview. But carry what you have and be ready for answering any questions regarding your education. Consulate will most probably ask your education documents in 2 cases: 1- They have doubts on your credentials. 2- They handed out a 221g based on your field of education like nuclear science or biomedical sciences etc (TAL - Technology Alert list).
  5. xTDx

    SOC code not matching job duties

    It is sometimes hard to follow but you have to stay out of it. Your employer and their attorneys should and will handle it. Remember this is not your petition, this is your employers petition on your behalf. Response to a RFE is time consuming and sensitive topic and only the attorneys and employer can decide on what is the right strategy for the petition.
  6. xTDx


    Once sevis is completed, your F1 visa is automatically over. If you leave USA, you would have to get a new stamp based on new sevis and enter back.
  7. xTDx

    Where to return I-94 on I-797 A?

    You can give it to airline personnel but they will throw it in a dump most probably(I have seen that). Your departure is electronically recorded against passport used. Today , you don't have to give it to anyone and just depart the country.
  8. xTDx

    B2 I94 - Passport and Online differ

    Looks like a mistake by CBP officer. Safe bet is to not to stay after the date listed online. Another way is to go to nearest CBP site and get it corrected.
  9. You have already been advised correctly . You are occurring overstay and are in violation of the immigration law. You must leave asap and wait for the mess to be sorted out by your attorneys and come back again with a valid visa.
  10. Yes, there is no such law that stops your new potential employer or end client to file an H1b petition on your behalf. Your current employer can file the extension as well. The petition will be dealt on its merits.
  11. xTDx

    Reappearing for B Visa within 3 months

    You voluntarily admitted that you will involve in "helping in the implementation" which the officer considered your intentions to have unauthorized employment in USA. Clearly the rejection was appropriate and all future visa request in same classifications will be influenced by this denial. 1- Very low in my opinion. Apply and find out. 2- Nobody knows yours or anyones chances of H1b or any other visa approvals. All cases will be dealt on their merits.
  12. The petition was not timely filed and hence she is overstaying and involved in unauthorized employment. i94 as D/S suggests she got her COS done probably from F1 type to H1b and did not travel after COS. She should leave USA asap and consult with immigration lawyers to get her immigration case reviewed in depth to avoid or lessen future inevitable issues.
  13. 1- No need to travel if you get a new i94 printed on i797 approval notice with future validity dates. 2- Same as 1. 3- Depends on if it is denied before or after your current i94 expiry date which seems to be Dec this year.
  14. Standard H1b , job , position and employer related questions. Standard documents about you , your future job and employer related documents if any.
  15. It can be filed anytime by any employer until your priority date is current.
  16. As suggested before, stop wasting time and start consulting competent lawyers in USA. Your case needs in depth review for optimal suggestions and strategies. In general if she can show that you are not there for her and your baby and are not present while courts orders you for something, anything is possible. The law changes counties to countries and from states to states. There are a lot of moving parts here. Do you want to take that risk on forum guidance ? Or would you want to have your case reviewed for an optimal strategy and then make an educated move ?
  17. It is not legal as you need a concurrent H1b for you to be able to work with two employers at a given time. If caught It can and will be seen as unauthorized employment.
  18. xTDx

    Implications on Holding dual H1B payrolls

    It can be seen as an unauthorized employment because you are not authorized to work for both the companies under H1b concurrently. I would not want to say anything more than that.
  19. Your employers attorneys know what to do in such cases. Alas USCIS does this more often than not. Work with your lawyers to find an optimal strategy. Your employer and their attorneys will most probably appeal/MTR against USCIS decision of denial while another petition is filed including all the evidences. Your attorneys will suggest to you if you should stay in USA while all this is sorted out or not by reviewing you case. Bottom line is to work with the attorneys. You or anyone here cannot do much about it.
  20. xTDx

    H1B Visa Stamp - Annotation

    No issues unless you didn't annotate them yourself using home printer. These are standard annotations by DOS/Consulates. Why do you think a govt. printed document with correct annotations will be an issue ? Are the petition numbers incorrect ? Are the dates invalid ? If not why worry for trivial things ?
  21. xTDx

    H1B 60 day Grace period - Status

    1- Yes , you need receipt notice to start working for new employer. You must leave country before last day of your grace period if you have not received a receipt notice by then. 2- see 1, No it is not legal to work on fedex receipt. This should be common sense. Anyone can send an empty package via fedex. USCIS does pre checks on all applications like correct fees are attached or not. A fedex package means nothing. Safest option is to leave USA before last day of the grace period in case you have not received the receipt notice yet .
  22. You will be okay if the passport and online i-94 matches with i797 dates now. The fact that CBP corrected their record and issued/updated your i94 proves that you are in status from i-94 perspective. Just be careful next time.
  23. xTDx

    OPT payroll on H1

    It seems to me that you are on OPT and your H1b is approved in consular processing ? Seems like you have missed some details in your question. Bottom like is that it depends on when H1b starts and if you are on H1b or F1/OPT. You should be paid as per LCA terms from Day one of H1b status else its a violation of your H1b status.
  24. xTDx

    H1B stamping in Canada

    If you do not have a family or residence in CA, you should go to your home country for stamping. We are seeing higher number of 221g/admin processing cases for straightforward cases like FTE, good wage level, no criminal records etc. Risk is higher and no one can tell you for sure what will happen to your case. If you are planning to stay in a hotel, plan for at least 3 weeks of timeline and plan for Plan B C and D. Its not about the denial, its about the delay. So choose wisely.
  25. xTDx

    H1B Extension RFE Specialty Occupation

    1. i-94 expiration date. 2. No need to mention anything. Each petition is a separate petition.