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Everything posted by Ken7

  1. Ken7

    Travel to USA with 1 month of H1 visa left

    Don't think the political environment should affect this. I've in the distant past entered with 4 days left on the visa/I-94. If asked by the immigration officer, just mention that the visa extension is being filed on your return.
  2. Ken7

    I94 Vs Maximum Physical Stay

    Your legal status date currently is Jan 2020. You can recapture any time spent outside the country. If you were out of the US for 2 months total then your H1-b (and I-94) can be extended to March 2020. You will have to apply for a H1 B extension prior to Jan 2020 to recapture that time or any other time that you will have if you travel between now and 2020. Not sure where the Aug 2020 date is coming from. You have enough time to clear the PERM and I-140 stages prior to Jan 2020 if the company is actively working on applying now (I-140 can eventually be applied in premium). IF for any reason if any of the stages is denied, then you can legally stay till Jan 2020 plus whatever duration you apply an extension for.
  3. This is stating the obvious, but the standard H1-B to GC procedure (EB-2 or EB-3 category) is to get PERM, I-140 etc. The PERM application requires the hiring/requirement process where the employer has to prove that no other American candidate was suited for the job. And yes you can't use your work experience from the same employer as part of your qualifications.
  4. Ken7

    PERM In process and Max Out Date

    Did you mean I94 date is May 2019? or Sept 2018? 29 May 2018 doesn't make since it's already expired. If its May 2019, they you may have sufficient time if it goes into audit. Audit dates currently have a 8 month lag (Jan 2018). You can always travel before May 2019, and recapture all the time, if you eventually feel the need for some buffer.
  5. Ken7

    DS-160 License information

    As a side note, getting a CT license is very easy, minimal paperwork and provides a 5 year validity irrespective of your current H1-B or legal status duration.
  6. Ken7

    Gap in I94 date upon H1 extension

    The H1B extension / I-94 should have been from the previous H1-B end date. Not sure why the date is from when it was approved. Check with the lawyer.
  7. Ken7

    H1B RFE about OPT and CPT status

    I keep reading that Day 1 CPT is not allowed. That is factually incorrect. While most universities only allow it after a couple of semesters, CPT's are the University's prerogative and USCIS doesn't control it. Here's a link to further fortify the point, which actually surprisingly specifically says first sem CPTs are allowable : https://www.ice.gov/sevis/practical-training There is no question that since it's generally certain kinds of universities (which are SEVIS approved though) that offer sem 1 CPTs, it may result in issues in the immigration process down the line, but it's wrong to say and advice people that it is illegal, if it's a SEVIS approved University. Additionally, based on multiple personally known cases (which have done two masters using up 12 month OPT and 7 months of CPT and have gotten GCs without issues), 12 month total OPT is per education level, but CPT (less than 12 months) appears to be allowable for a second masters (in addition to the completely used up OPT). Ofcourse part time CPT has no bearing on the 12 month OPT which is clear in the rules.
  8. One way to answer the RFE is to show proof of history that previous personnel employed for the same job description required a BE and a degree in electronics was acceptable. This information will be with HR and the attorney, not much you can do,
  9. Ken7

    Parents Visitor Visa rejection with 214(b)

    Let me rephrase, there needs to be discretion towards a better common sense judgement. A visa is a privilege? Is that implying people that require it are inferior and, well, under-privileged? And the people for the "selected" 38 visa waiver countries are equally special as the people that live in the US? And yes there are plenty of situations that stop or delay people from going to the home country to see family, including cumbersome and illogical procedures and timelines and hurdles that the immigration system here puts on an applicant.
  10. Ken7

    H1b And I140 issue

    You'll have to find a new job and restart the PERM process unfortunately.
  11. 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.
  12. 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.
  13. 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.
  14. 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".
  15. 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.
  16. 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).
  17. 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.
  18. 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.
  19. Ken7

    Expiry date on H1B

    Cutting it close there. Yes, till the clock moves to the next day.
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. 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.