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Ken7

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Everything posted by Ken7

  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.
  16. Ken7

    New H1B after 6 years

    Unfortunately you have to be physically outside the US for an year, and not just be off H1-B status, to qualify for a fresh H1-B. The new H1-B will also be subject to the cap.
  17. So let me get this right, the rules of this country forbids a grandparent visiting their children and relatives to take care and be with their grandchildren when they are home? and by same token they are forbidden to cook for their children? I'd love to see a regulation that says that. The law forbids using a B-2 visa as an excuse to come here as a babysitter. That's all it says. Grandparents visiting their children and grandchildren and spending time with them (and inherently taking care of them) don't fall in that category.
  18. Since no-one really responded to all the questions and instead cast aspersions: 1) They would apply for a B-2 vistor visa from Sweden since that's their current legal residence 2) I believe every member has to have his/her own DS-160. The interview can be together--you can link the DS-160 number when booking the interview appointment. 3) Self-sponsorship by BIL. If your sister was working she should be self-sponsor too, since she's not working then BIL sponsors the entire family. 4) Generally financial docs are not asked for. More important is demonstrating that intent is only for a visit and not anything else (so essentially that the job is good/secure and ties to India). And on side note people do spend thousands on a "housewarming" party since it is a landmark is a family member's lifetime and oh yes a small matter of seeing and spending time with them as a side bonus.
  19. I understand what it's about, but if I had a baby I definitely want my family especially my parents handling the toddler and not a stranger. It's not about money or employment for the new parent, it's about family and who you trust with your baby. And if someone in a new parent, I would imagine its overwhelming and you would want your immediate family around. It's juvenile to say that the parents visit sole 'purpose' is babysitting. As I said, if the parents cook and clean while visiting, does that qualify visiting for the purposes of cooking/cleaning and taking American jobs away?
  20. Ken7

    h1b after i140 approval

    Just repeating the words in CAPS doesn't make it correct. It is an H1-B 3- YEAR EXTENSION with CONSULAR processing, based on the approved I-140 or 1-year EXTENSION based on pending PERM. AC21 allows you to not be in H1 status and not be in the US AND APPLY FOR AN EXTENSION. Here's actual text, not just an opinion. 3 year extension Based on Approved I-140 petition under AC-21 106(c) AC21 §104 H-1B EXTENSIONS (3-YEAR INCREMENTS) 8 CFR §214.2(h)(13)(iii)(E)(1): Per country limitation exemption from section 214(g)(4) of the Act. Authorizes approval of H-1B status beyond 6 years, in 3-year increments, for beneficiaries of approved EB-1, EB-2, and EB-3 petitions who can demonstrate that an immigrant visa is not available at the time the H-1B petition is filed because the immigrant visa classification sought is over-subscribed. 8 CFR §214.2(h)(13)(E)(2): Extensions may be granted until a final decision is made to revoke an approved IV, approve or deny an IV application, or approve or deny an adjustment of status application. 8 CFR §214.2(h)(13)(E)(3): Current H-1B status not required. Beneficiary need not currently be in H-1B status to qualify for an AC21 3-year H-1B extension. 8 CFR §214.2(h)(13)(E)(4): Subsequent petitioners may seek exemptions. H-1B petitioner need not be the IV petitioning employer. 8 CFR §214.2(h)(13)(E)(5): Advance filing. May file for an H-1B extension beyond 6 years within 6 months of the requested start date. May request time remaining in 6 years at the same time as requesting a 3-year AC21 extension. Every H1-B extension is a new application but it's based on an existing petition, and it's no different in this case, except for CONSULAR processing. And premium processing is absolutely valid under normal circumstances and under the current restrictions: Premium Processing Remains Available for Certain H-1B Petitions The suspension does not apply to: Cap-exempt petitions that are filed exclusively at the California Service Center because the employer is cap exempt or because the beneficiary will be employed at a qualifying cap exempt institution, entity, or organization; or Those petitions filed exclusively at the Nebraska Service Center by an employer requesting a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a concurrent request to: Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted. (Box on Part 2, Question 4, Page 2 of the current Form I-129); or Extend the stay of each beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129).
  21. Intended date can be whenever. They can always say they want to experience snow, if asked about winter, which they most likely won't. Child care statement is ridiculous. Indian parents don't take 'money' for looking after a child or are forced . If they are around they will look after their grandchildren. It's like saying when the mom makes dinner when visiting, is she coming here for being a cook?
  22. 1) There is always some risk associated with stamping (read the latest news on this website titled "FAM update..") but if you have a legit case it shouldn't be an issue. Not sure what you mean you can't travel before Aug 2019. With an approved I-797 with Company P, you can leave the country anytime and get the new stamp till Aug 2019. 2) The GC filing is completely independent from the H-1B ext. filing. GC can be filed anytime. The H1-B extension is for keeping you in valid status and should be filed up to 6-months before it's current expiry of Aug 2019. 3) 1) You need an approved PERM AND I-140 to file for 3-year H1-B extensions. Again since the GC process is independent, the post sixth year H1-B ext. can be filed anytime after the I-140 is approved, so it doesn't have to be before Aug 2021. But ideally you want it prior to Aug 2021 so that you don't have to leave the country after Aug 2021 and can maintain continuity living and working. The rule is that post 6-year Hi-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 have been approved. In the first case, it will be 1-year extensions till PERM or I-140 is approved and in the second case, as mentioned, it's 3-year extensions. Ideal scenario - Your PERM and I-140 is approved before Aug 2021, and 3-year extensions are applied for. Since 1-140 can be done in premium, your controlling factor is PERM. At a minimum your PERM should be applied 365 days prior to Aug 2021, so that even if it isn't approved by Aug 2021, you can apply for 1-year extension. Note, PERM can take 18 months if caught in an audit (confirm the audit times) so the earlier the better. Worst case scenario: Your PERM goes in during your final H1 year, say Feb 2021 and is not approved by Aug 2021. You'll have to leave the country, wait till the PERM is pending for 365 days i.e. Feb 2022, and then apply for 1-year H1-B extension based on pending PERM and upon approval, go for stamping, and come back into the country. Once back, and whenever PERM is cleared, apply for I-140 in premium and as that clears apply for a 3-year extension. 2) Generally, yes, companies have a 6-month probation period and are less likely to apply for a GC in the first year since it is a substantial investment. But in the end it's company and your profile dependent. I suggest you be upfront about your situation and bring it up in the interview so that companies are aware of the timelines.
  23. Not sure how the statement can be made unless you have factual data. Or maybe you are referring to desi consultants. There is no benefit for the company to "purposely" delay the filing till the last year, quite the opposite. Last year filings are generally dictated by circumstances, like recent company layoff's or executive decisions regarding retaining and investing in the employee, etc. In any event, it is not in the employee's control when the PERM is applied, so saying to the OP that why wait till last minute unless he wants to have a fun time, serves no purpose. Moreover, the OP has indicated that the GC is now under process. And there is no way to shorten the 5-6 month period it takes to complete the PERM, so it''s not really "waiting" till Feb 2019, it's probably the earliest the application can be sent at this point.
  24. Yes AC21 allows for extension of H1B based on approved I-140 (provided it's valid and the job exists). You don't need existing time on the H1-B.
  25. H1-B extensions can only be applied when: 1) PERM or I-140 is pending for 365 days. (1-year extension) 2) PERM AND I-140 are approved. (3-year extension) Just having PERM approved or I-140 in processing (< 1 year), does not allow extension of H1-B.
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