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About Ken7

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  1. The regs are somewhat vague. Only applicable for full-time CPT. Implementation and interpretation of the reg is per the ICE link above and also how Universities practice it, for eg. : https://iss.washington.edu/employment/f1-employment/cpt/ Alternatively, I believe even full time CPT under 12 months is permitted (in addition to 12 months of OPT), since the reg only says that OPT can't be availed if CPT exceeds 12 months. This is also how Universities practice implementing the reg, for eg. USC and NC State: https://ois.usc.edu/employment/employment-f1/cpt/ https://internationalservices.ncsu.edu/faqs-curricular-practical-training/
  2. You might get a RFE in the future, but if you're currently maintaining a valid F1 status, it should be OK. Also, since It sounds like it's part time CPT (<20 hours/wk) it should be OK. I suggest discussing with your DSO. See below: https://www.ice.gov/sevis/practical-training
  3. Ken7

    I-140 RFE

    This doesn't really help you, but before the I-140 how was the PERM approved if the job required 12 months of experience? Since it's your first job, the experience gained in the same company, for a similar job profile, doesn't count. The PERM should have been for an entry level position (which likely triggers an audit).
  4. If you say the 6 years is maxing on Nov 5, wasn't the H1 extension filed in June approved? How would you revoke that? I would talk with the employer's lawyer and trust their judgement. Also, if your I-140 get approved, you can directly file for a 3-year extension,
  5. I don’t have the experience of interveiwing candidates and judging by the posts here, neither has anyone else. Again, older parents and grandparents are often retired and often want to maximize staying with their kids and grandchildren whenever they can. 6-months is allowed by law, its ironical how where needed the law is cited, but in terms of the allowable period of stay, it’s for “convenience” and to reduce paperwork and viewed negatively if availed.
  6. I think what needs to be looked up is the word sarcasm (its a rhetorical device in the English language). Maybe that wasn’t clear, like the laws. Again, ranting or not, is a prerogative. Look up the other laws of this country.
  7. Yes, multiple employers can pursue the GC process for the same candidate.
  8. There is no rule that you have to apply 365 days before H1-B expiry. The rule is that, 7th year H1-B extension can be applied for if your PERM or I-140 has been pending for more than 365 days. Or your PERM and I-140 are approved. So it prudent to apply for PERM prior to 365 days from H1-B end, so that in the event of an audit where the PERM is held up and not cleared by the time your H1 ends, you can apply for a 1-year extension and maintain continuity in your job and not have to leave the country. The PERM process usually takes 4-6 months (can take longer). So if the employer starts in December'18, the PERM application is likely to be submitted around May 2019 (+/-). Which means if your PERM (and I-140) don't clear by Feb 2020, you will have to leave the country and wait till May 2020 (365 days after your PERM was submitted) to apply for a H1-B extension based on a pending PERM. Unfortunately there is no alternative except either applying for PERM early or hoping that the PERM clears in a few months (and is not audited) if applying for PERM in the 6th year.
  9. Yes, multiple employers can file PERM and there is no dependency since it's for different jobs. Your 7th year extension till Aug 2019 is still valid and you can continue working, even if the associated PERM has been denied. To extend beyond Aug 2019, will depend on status of the new PERM filed.
  10. Didn't realize there was a case being litigated. It is exactly what I meant by being subjective and ridiculous, because the reality may not matter it's mostly what you can convince the person across the glass. And thanks for the advice, maybe I'm already running for office, in the meanwhile I think I'm allowed to voice my opinion in an open forum irrespective of it's relevancy.
  11. Ken7

    Change of status from H1B to B2

    Thanks for clarifying unlawful presence vs out of status. The out of status date would still be from the date of the last visa expiry, and the issue with the new USCIS memo is that being out of status may initiate NTA.
  12. I would also like to find a section of INA that defines what constitutes "once a blue moon" and what constitutes "full time" childcare and how "once is blue moon" is acceptable. Also, a section of law that defines what period of stay constitutes a "visit" and what doesn't. It is indeed " laughable" that perceptions of the length of stay are used to determine intent and base visa decisions if that indeed is the case. Parents, especially older retired folks, more often than not maximize the stay with their children which can be six months as legally allowed here or like it is 3-months is some European countries. Believe-it-or-not, spending time with the family is desirable and a necessity for a lot of people. And there can be multitude of reasons for extending stay. Vague terms like "tons" and "hundreds" doesn't really mean much without factual data. Ofcourse there will be a small percentage, a fraction, that violates rules, that will be the case for any country and visa class. But that doesn't mean most people have an intent to violate regulations. And I'm not sure what special "carefully planned" three or four questions can reveal the truth. Most people with language barriers, and poor communication skills, and being nervous and having misconceived perceptions of the visa process and interview, will 'trip-up' anyway without actually having any nefarious visa abuse intent. Again, the process is so subjective it's ridiculous.
  13. Ken7

    Change of status from H1B to B2

    If you have a COS application pending with a current expired visa status, you can legally stay in the country (you can't work ofcourse). However if the COS application is eventually denied, you will be considered out of status from the date your previous visa expired. Not sure what the current processing times for COS applications are, but they can be 5-6 months. If your COS application is denied and it's been 180 days since your last valid visa expiry and you're in the country, then it's a problem. However, with the recent policy change that went into effect Oct 1, 2018, things have gotten a little muddier. The new policy memo essentially says that incase of a COS denial, if you are even a day out of status, a NTA can be issued to appear before an immigration judge, and you can't leave the country till the proceedings are completed which will further prolong the out of status stay in the US. Here are links from Murthy: https://www.murthy.com/2018/07/18/uscis-notice-to-appear-memo-could-result-in-harsh-consequences/ https://www.murthy.com/2018/09/26/newsflash-nta-memo-goes-partially-into-effect-monday-oct-1st/ So essentially, it's only a problem if the COS is denied which could be months down the line. If you are planning to leave as soon as the new born's paperwork is sorted ( I'm guessing it shouldn't take very long), it should be ok. Also, make sure you are not on the employer's payroll post Oct 4 and are not working.
  14. Ken7

    H1B Expired in May 2018

    Maybe it's an error on the lawyer's part? When you apply for an H1-B extension, you also include extending the I-94 date. The new I-94 date should come with the new I-797 (bottom section of the I-797, and should match the new I-797 date). If there isn't a new I-94 then maybe the lawyer incorrectly applied for the H1-B extension based on consular processing? I would confirm and if that is the case then I wouldn't wait 180 days to leave the country.
  15. As I understand it, you should be able to apply for a regular H1-B extension till June 2019 to complete your allowed 6-years. Don't think you can apply for H1-B extension based on the I-140 since it was denied, even if your appealing it. Best to discuss with the employer's lawyer who should know the way forward.