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Everything posted by xTDx

  1. What is your current status ? As JoeF@ said , your H1b will be gone and you would have to rely upon underlying status which I assume is F1/OPT and then try again with a new employer next year or move to cap exempt employer. If this happens, you should consult a qualified immigration attorney for your options.
  2. xTDx

    Does credit score affects H1B visa stamping

    Not sure if this is a sarcastic comment, however, it is highly illegal and comes under bank fraud. Credit Score on its own cannot be a factor for h1b petition but while applying for h1b visa you declare to not to be a public charge being a non immigrant applicant. DOS doesn't ask about your credit score on DS160 and I am not aware of them knowing it via countless systems and databases they have access to. I would not think about it anymore. Don't be worried about these things and try to pay up your debt.
  3. xTDx

    H1B extension approved for a past date

    For critical issues like these, please do not waste time and consult your employers attorneys to start with or outside immigration lawyers. Each case is different and has its own merits ,demerits and require in-depth review to form a strategy. This forum is not for guidance and fixing issues on the fly.
  4. xTDx

    Lay off during H1B visa process

    +1 to this. Also you can have 90 days on unemployment on OPT, a lot of good companies can hire you as an intern and then later file for h1b and full time employment. Why sell yourself short ?
  5. What does this means ? If the case was dismissed and you plead not guilty all the time, why you had to take DV class ? This seems to me as an admission of guilt and do not make sense to me. But then again I am not a lawyer. in my defence, neither are the POE officers. So , I would be cautious and get it through a qualified lawyer. PS: Admission of guilt in immigration officer's eye is good enough for you to deny a visa in some cases. If you got a visa after the charge was dismissed and you had specified it on DS-160, you may be good for POE. Nevermind, I didn't pay attention to your green card status. This should not be a problem but I would definitely get it through an immigration attorney.
  6. If she doesn't have i797 when requested, she might have to go through secondary screening at worst. POE officer should not be denying her entry solely based on your documents. Visa and passport are travel documents, i-797 should already be listed on the visa. If i-797 is valid, no reason for automatically denying the entry.
  7. xTDx

    H1B Transfer - I-94 validity

    If your old company revoked or has withdrawn its petition, the i-94 is not valid on its own. You can however stay in USA and work for 240 days for new employer while your new employers h1b petition is pending. You will be in trouble and out of status if the new h1b petition is denied. It is utmost important these days to file in premium processing where you can and move to next employer only when new petition is approved. It seems to me that USCIS wants you to pay premium in all the cases as the normal processing is taking more than 6 months in many cases.
  8. xTDx

    H1 B Extension - Staying on receipt

    There is no guideline change in terms of staying and working for 240 days in USA while your h1b petition is pending a decision. You can still work on receipt, however, you will be considered out of status if your h1b petition is denied and your i-94 has expired . That is why it is very important to file in premium where you can , especially in tight timelines like this.
  9. xTDx

    H1b Visa Stamping status showing Refused

    Please email the consulate and embassy about the case. No one would be able to help you here. From the following page a refused status can mean it was denied as well. https://jp.usembassy.gov/visas/nonimmigrant-visas/visa-status-check/
  10. If i-140 has been approved for more than 6 months, employer who filed it cannot revoke it and it would not matter if they withdraw the i-140 or even go out of business. Any other employer can keep extending our h1b based on an approved i-140 until your priority date is current. However, you should get your new employer to start their own GC process (Perm + i-140) because if you dates become current, you would not be able to file i-485 based on i-140 of an employer who is out of business.
  11. xTDx

    H1b Transfer

    Yes. And you can join them once the H1b is approved. Or if you love to live dangerously, you can also join them right now on receipt.
  12. Nobody knows. We must wait for more clarity on this policy change.
  13. You cannot transfer something that do not exists. You are not in valid H1b status to transfer to some other employer. H1b transfer is not even a thing. Its always a brand new application in case of change of employers. you seem to be in F1 status and have valid OPT ? Looks like you are in OPT grace period since June 1st. . Did you apply for h1b cap gap ? Does your i-20 validity got extended till 1st Oct 2018 ? You should consult an immigration attorney right away for in-depth review of your case.
  14. xTDx

    Approved I140 and Left USA in 2011

    you can do consular processing if the employer who filed EB3 for you has the same job lined for you. USCIS may have follow up questions for you and your employer about the position being vacant for so many years. i485 involves change of status when you are in usa. You have no status in USA right now. You cannot file i-485. You have to do consular processing.
  15. If they reaffirm the petition, do i have to go again go for an interview process? - Quite Probably YES And if they accept does the current approved h1b is dissolved, or i can file from different employer with the same approved H1B? - Same or a different Employer can file your H1b again.
  16. xTDx

    H1b Visa Stamping status showing Refused

    Where does it says "refused" ? Refused doesnt means denied. It may be refused at that time because of administrative processing but can be approved later after admin processing. Did you try emailing consulate ? If not do that and see what they say. It looks like to me that your case is in AP (Admin Processing) which has no certain timelines for a decision. Usually people get a decision in 2 months.
  17. 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.
  18. 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
  19. 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.
  20. 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.
  21. 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.
  22. "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.
  23. 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.
  24. 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.
  25. 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.