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About Ken7

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    Advanced Member
  1. Ken7

    H1b And I140 issue

    You'll have to find a new job and restart the PERM process unfortunately.
  2. Ken7

    Parents Visitor Visa rejection with 214(b)

    Yes, which is why it's inherently flawed. While the law is same for all, as it needs to be, it's application needs to have some discretion. Who's to say someone with money in the bank will not stay back, and someone with little money is more likely to? Denying parents a visa to see family just based on financial metrics is flawed imo.
  3. Read Murthy's interpretation on this site. Not only do you can't work, you continue to accrue unlawful presence while waiting for the court appearance. It's a catch 22.
  4. Ken7

    Parents Visitor Visa rejection with 214(b)

    But isn't the system flawed to begin with? Isn't it setup for pushing people to have to lie/find ways to overcome shortcomings? As experienced CO's or for that matter anyone with some general knowledge of India, would know that a lot (possibly a majority) of the children pay for their parent's visit. Also, most of the Indian parents travel to see their children and not stay back. Yet, there is that burden of proof (that a lot of Indian parents/families don't possess) that is required at the time of the interview.
  5. Ken7

    H1B stamping 2018

    A visa stamp is only required when you need to enter the US. If you don't leave the country, you don't need a stamp. There is no "deadline".
  6. Yes, technically if USCIS receives your new application on the day of the your existing H1 B expiring, you're good. However, in the event the extension gets denied, you'll be out of status from the date your current H1B expired, hence the good practice of applying well in advance of the expiration.
  7. Ken7


    "Recapture" is essentially H1B- extension. You can do it multiple times. It is of course a waste of resources -- confirm with the company about your plan and if they are will to apply multiple times for the extension within the year. Since it's H1-B extension, it can be done under PP. Personally, I would apply once, after you're back in November and capture all the time spent outside. You maybe asked about the H1B dec end date at the POE but there is nothing to it, just say it is being extended. It is not an issue (atleast prior to the current administration).
  8. Ken7

    Enter USA with 10 days visa validity

    There shouldn't be (though with the current climate all bets are off). Just inform the immigration official that the extension is in process (if asked), and carry the extension documentation.
  9. Ken7

    Is there a USCIS retrogression on i140 Filing

    Not sure why I-140 filing or adjudication would have anything to do with visa retrogression. It impacts filing of I-485. Unless your priority date is current and the employer plans to concurrently file I-140 and I-485.
  10. Ken7

    Expiry date on H1B

    Cutting it close there. Yes, till the clock moves to the next day.
  11. Ken7


    That's not a marketing strategy, that is well.. just.. business. Shouldn't XYZ have a contract with your employer, just like it has with the client? The rates are based on the Contract. If your employer agreed to the rates, why is XYZ at fault? Your employer should be paying you prevailing wages irrespective of the rate in the contract with XYZ.
  12. Ken7

    I140 approved while out of USA

    Just FYI, this forum is not for Murthy professionals, lawyers do not answer questions here. 1. Yes, can file for 3-year H1-B extension immediately after I-140 is approved. Then, if the extension is approved, can come back into the country after consular/stamping approval. 2. It wouldn't hurt to leave the country a little bit earlier than the maxout date, but it's not necessary. There is no recapture required in your case. The I-797 notice that comes with the approved I-140 will have the new dates for the 3-year extension. To clarify recapture only helps if you are trying to do adjustment of status (i.e. extend your stay in the US without having to leave the country) and need that additional time.
  13. Ken7

    I140 approved while out of USA

    Can apply for a 3-year H1B extension based on approved I-40 immediately. It will be consular approval obviously, since the candidate is outside the country.
  14. Ken7

    I140 approved while out of USA

    This is incorrect. AC21 allows for 7th year extension based on 365 day pending PERM or approved I-40 after 6 years of H1B is fully completed. And even if beneficiary is outside the country.
  15. Ken7

    PERM on audit and H1B is expiring soon

    Yes, after 365 days of pending PERM, meaning you haven't received a decision on the PERM after 1-year of the filing date, you can file for a 1-year H1-B extension based on the pending PERM status. And you don't have to be in the country for it. Again, I'm not sure about the payroll workings. Best to talk with HR and the company lawyer. As long as you aren't in the country and not on H1-B, it should not affect any future or current filings.