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Everything posted by Ken7

  1. 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.
  2. 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.
  3. 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".
  4. 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.
  5. 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).
  6. 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.
  7. 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.
  8. Ken7

    Expiry date on H1B

    Cutting it close there. Yes, till the clock moves to the next day.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. Case 2 is simply trying to game the system. USCIS obviously has a record of when the PERM and I-40 was applied. They will ask for proof of legal status between the last day of 7th year H1-B and the date when you could by law apply for a H1-B extension (which is after I-140 approval). Just filing the H1-B extension won't get you around the status gap. Also, just advertising and applying for PERM will take 4-5 months atleast. Add to it PERM processing time which is another 4-6 months (more if there is an audit). The best bet would be to leave when the current H1-B expires, apply for PERM asap, and then apply for H1-B extension based on 365 day pending PERM or approved I-140 (whichever comes first) while being outside the country.
  15. Ken7

    PERM on audit and H1B is expiring soon

    To reset H1b and get new 6 years, you have to stay out of the country for an year and then apply for a fresh H1B under the cap. Not the most ideal alternative. If there is no recapture time, then you will have to leave in July. In Jan 2019, the company can apply for a 1-year H1B extension based on pending perm. If done in premium processing, you could likely come back in Jan/Feb 2019 (after getting approval and stamping). After perm clears, I-140 can be applied in premium and once approved, 3-year H1-B extension can be filed. The good news is you can continue working in India after July. Not sure what the rules are in terms of payroll since you won't be on H1 status. Logically, I would think the company would have to terminate your employment (since H1 expires) and then get you back on the payroll on a different category (do they have international offices?). The company lawyer should be able to answer this and/or you should consult with a personal lawyer as well.
  16. 1) No time lag, once I-140 is approved you can apply for the H1-B extension immediately. Your assumptions are correct, however it depends on everything happening smoothly with no PERM audit/RFE or I-140 RFE.
  17. If you PERM is not picked up for an audit and you file the I-140 in premium processing, then 14 months is more than sufficient time to clear both stages.
  18. Ken7

    PERM Status check

    I think only the attorney can check the status. Once certified it will show up on icert
  19. Ken7

    PERM on audit and H1B is expiring soon

    Not too many options, but fortunately you don't have much of a gap. The audit will take 9-10 months to clear after you respond, which means your PERM should come through sometime in summer/fall of 2019. Since in Jan 2019 you will exceed 365 days of pending PERM, you can apply for 1-year H1 B extension then. So essentially you need to try to be in status between October 2018 to Jan 2019. The only way to do that is to recapture any H1 B time when you have travelled out of the country. If you don't have 3-4 months of recapture time, then I would suggest, travelling/going on vacation now, coming back prior to oct 2018 and applying for recapture time. If you still don't have enough to cover that gap, then you would have to leave the country for that period, and while in your home country, the lawyers can apply for the 1-year extension for pending PERM in Jan 2019 and once approved you can return (will need to get re-stamped).
  20. Ken7

    new h1b from india

    Yes, you can apply for an extension while in India.
  21. Given the current wait times, if the approved PERM/I-140 is for a wage 1/entry-level position, and the priority date becomes current after 10 years during which there is substantial career growth (with the same company), would that be contradictory during I-485 filing? i.e. I-485 for a entry level position for a person who has been working for 10 years.
  22. Ken7

    Want to reapply Parents Visitor Visa

    Sorry to hear about your loss. I think you should be honest in stating purpose for the visit on the DS-160 -- which is visiting you as well as some travel. In my experience, it's always better to have them as self -sponsors, just make sure they carry their documents (bank statements, property documents, etc.) - that also works to show that they have ties and are established in India and not dependent on you. The rest I guess depends on how the interview goes and if your folks can convey that they have established assets and family in India. Most times they don't really ask for any documentation, imo, and approve it for parents (especially for H1-B people, not sure if I-140 changes things since it shows immigration intent for the son/daughter and hence by inference for the parents?) but since you have a denial, it's likely they will ask second time around.
  23. You didn't get the new I-94 with the H-1B extension approval?
  24. Ken7

    Number of days it takes to file H1b extension

    If this isn't your first extension, they should already have all your info. It can be done in a day or two if needed.
  25. Ken7

    H1B - RFE for CIvil Engineer during OPT

    Should be relatively easy to address. Engineering firms do require a minimum Bachelor's degree in Engineering (as opposed to, say, Business analyst positions). The company would have to show previous history of posting of similar ads for the job profile. There are certain 'triggers' that generate an RFE, or an audit in case of LC filing for the GC - and an entry level job is one of them, especially with the current administration as everyone is aware. With a well-packaged response by the company's lawyer it should be approved. And yes, having an FE as an added qualification will bolster the case. Most civil firms require it in any case.