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Everything posted by xTDx

  1. xTDx

    H1b application & Dependent Query

    Why not ask these questions to your employer and their attorneys. They are paid to do exactly this and can guide you in a better way.
  2. xTDx

    H1B Cap FY 2020

    No. Pre registration is suspended for FY 2020 h1b applications. USCIS still have to implement the system,
  3. xTDx

    i 140 receipt number delay

    If not filed in premium, USCIS is taking 2-4 weeks for receipt number generation. Hold tight.
  4. Has it been 15 calendar days from the date of receipt notice ? NO. So stop being worried and wait for 15 days. Online tools are jacked up.
  5. xTDx

    H1b fulltime to part time

    Beside what has been posted above , you should consult a competent law firm for in depth review of your case. With the details provided, it is evident that you are in violation of your status and will face serious consequences for future immigration benefits. Your RFE will lead to denial for the change of status for sure and if approved, the h1b petition will be approved under consular processing . Get involved with a competent law firm and start thinking about leaving US asap
  6. xTDx

    What is right SOC for Product Manager

    This is not your job. Let your employer and the attorneys make a decision on the job profile and related SOC code. You should stay away from it. Nobody here can tell you about the SOC code for your job position. If you think they are not using the correct SOC code, ask them why and why not they should choose your liking of SOC code. They know more about your position, job and approval strategy details.
  7. If you are questioned, reply with the truth. Mistakes happen all the time.
  8. i140/485 are for US immigration , they have no correlation between your canadian express entry pool.
  9. You heard wrong. There is a website named www.uscis.gov . All this information is already there. FY 2019 cap petitions are eligible for PP. Moreover, last week USCIS enabled PP for petitions filed before 21st Dec 2018. https://www.uscis.gov/news/news-releases/uscis-resumes-premium-processing-h-1b-petitions-filed-or-dec-21-2018 https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-fiscal-year-2019-h-1b-cap-petitions
  10. xTDx

    Case reopened after Case approved

    USCIS online tools are jacked up. Wait for the in mail response from USCIS please.
  11. xTDx


    You can continue to work on H4 ead till the time you are on H4 i.e till the end of his grace period. He should get new employment and have his H1b and yours H4 extended before the grace period expires.
  12. We are seeing a lot of "validation errors" on uscis case status tool for Jan and Feb filed PP petitions. My theory is that USCIS is deliberately not updating the "received date" to delay the 15 day PP clock . Why ? I do not know. Because of received date not updated against the receipt number, the USCIS case status throws a validation error. https://myaccount.uscis.dhs.gov/ as stated above will give you more info. And you will notice that there is no "Submitted Date" specified which confirms my theory.
  13. xTDx

    H4 VIsa Queries

    1- She would need to schedule a H4 visa interview with the appropriate consulate based on your approval i797 details. No H4 petition in USA is required as stated above. 2. Marriage cert is valid everywhere. Why would you think there will be an issue. Another thing to think about is ; why was 221g based rejection was issued for H1b(Lets say fraud). If the cause was related, H4 may be denied as well.
  14. xTDx


    Beside FOIA and asking your employer about the i140 details, I do not see any other way. By the way , you only need a receipt number.
  15. xTDx

    EB3-Professional with 3 years Indian degree

    Chances of i140 approval under EB3 Pro Worker: Very less. Your petition should have been filed under EB3 skilled worker. Ask your employer to re-evaluate and possibly refile instead of wasting resources on appeals. You should find alternatives along with upgrading your education to may be a MS from USA. The path is long, expensive and may not be what you need to hear right now.
  16. A opt cap gap i-20 valid till 30th sept can be certified by your school DSO based on the H1b receipt. So 1- No, to get new i20 with cap-gap you need H1b receipt number to say the least. 2-See 1, if you get a receipt number before april 30th, contact DSO and get a cap-gap valid till 30th Sept. If you do not get a receipt number and are not able to get a cap-gap i120 , then you would have to leave usa before any grace period/i94 expires. 3- USCIS will process the h1b application regardless of your immigration status. However, any change of status filed will not be approved as you would not be in F1 status at that time. H1b if approved will be under consular processing. 4- No
  17. Premium processing is enabled for FY 2019 cap petitions. You should be able to upgrade the petition to premium and get a decision in 15 days of the premium processing receipt.
  18. xTDx

    COS F2 to F1

    The COS to F1 is now moot as she is not on F2 anymore. It will not be approved imo.
  19. xTDx

    NOIR on new H1b visa

    NOIR is just a notice of intention to revoke. It is not revoked yet. If you have worked on h1b for at least a few days and you have a valid i94, a new employer in theory can apply for change of employer H1b petition with i94 extension. Nobody knows about the timelines, depends on case to case.
  20. xTDx

    COS F2 to F1

    So you got your H1b change of status approved without getting a F2 to F4 cos done for your wife ? She lost F2 as soon as you changed your status to H1. Her F2 to F1 cos will likely be denied because she is not in F2. If COS was not requested for her from F2 to F4, she might be accruing unlawful presence. You should get your case reviewed in depth by a competent law firm instead of looking for guidance here.
  21. Yes, you can get stamping done based on a approved h1b petition and active related employment.
  22. IF H1b change of status is approved, you are no longer under H4 status. Hence H4 ead will not be approved. If approved it will be a clerical error and you should not work on that without clarifying from USCIS first. -You will be under H1b if change of status is approved. -It cannot be approved unless its a clerical error. ANd these type of errors have happened in the past. You should carefully examine what the h1b cos approval notice states about change of status and always consult a competent law firm before making immigration decisions. Start by consulting your H1b employers and their attorneys.
  23. Law firms usually select closest consulate for consular processing of the visa. You can go to almost any consulate in the world for stamping , however , you should go to your home country for first time stampings specially where change of status was done. Also some of the consulates do not even take first time stamping applications from some of the countries. Home country stamping is the best approach. All consulates would have access to a system called PIMS which already has all your h1b data to say the least.
  24. xTDx

    H1B visa denied cases

    Why do you think people here know magical answers to your questions without you providing enough or clear information? A- Do you mean a h1b petition extension was denied in April 2018 ? If yes , why it was denied ? B- Answer to your question #1 will depend on A. About 2, H1b is a employers petition, an employer and their attorneys would have to evaluate about the best possible approval strategies.