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About Nani_H1b

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  1. Hi, For a friend - If she travel out of US while H4 extension and H4 EAD is pending, will the EAD application be processed or does she have to apply again after H4 stamping? Both the applications were sent to Texas service center in Nov, 2019 and the processing times per USCIS are about 9 months for H4 extension (currently processing Mar ,2019 applications) and about 5 months for H4 EAD (currently processing Sep,2019 applications). In this case, will the EAD processing time in her case will start only after H4 extension approval? Based on the processing times, which option would be ideal for her scenario to get the approvals soon- travel and get h4 visa stamped or just let the current applications continue? Please provide your suggestions.
  2. Nani_H1b

    Pay check more than LCA wage

    Appreciate every ones reply. Even I asked same question question how does IRS know about my LCA. His argument is they might be knowing using SAVE database. How much is the maximum variance can we have between LCA and Wage.
  3. Hi, I came across a situation where employer received call from IRS as he is running pay check more than LCA wage for one of his employee. Does IRS call employer to verify why he is running more than LCA. How does IRS knows LCA wage of H1b as it is different department. If there is a increase in pay scale who is working in same job with no change in job duties and location does he need to file amendment or new LCA. If new LCA is sufficient how can we determine that. Is there any limit that pay check can not increase certain amount of LCA. Appreciate your reply.
  4. Since both are different jobs your are eligible to apply two separate H1b. No need to withdraw any application. Let your future employer take care of his RFE. Yes there are cases where 2 h1b's are filled and both are approved.
  5. It depends on what locations you have in LCA. Check with your attorney if you can update LCA. If there is no way to update and H1b is approved by luck then you have to file amendment immediately since you are not working in that location any more. Since you don't have approved H1b yet your are not eligible for transfer.
  6. Premium process will take 15 business days not calendar days .... Is employer B a consulting firm or client ?. Let's say if your petition is approved. It wan't take 2-3 weeks to get copy. You should get it in a week. Before answering other questions see if this helps.
  7. Nani_H1b

    Need Information on H1B Petition Transfer

    Since your previous H1b was already expired there is no such thing called revoking. If it active then they can revoke. They are trying to hold you. Why did you inform company 'A' that you are transferring you don't need to do that. All you need is expired H1b copy to apply for new H1b, which you should already have with you.
  8. Nani_H1b

    Need Information on H1B Petition Transfer

    You will come under cap exempt . If you have new project you can apply for H1B. Once new H1b is approved you can go for stamping and come to US.
  9. Nani_H1b

    Two H1 Petitions in process

    If both employers filled LCA for same location then it is a problem . If both are different locations then no issues . I say no need to withdraw. Process both you can keep what ever you want.
  10. Nani_H1b

    H1B transfer question

    What about your previous H1B which is approved. Is it still valid because according to the records your are still on previous H1B. So to file new H1b from direct client you need to prove your status. If it is still valid then no issues. If not check with attorney on how to file new H1b transfer. For sure your in good state. But only thing i not sure is do you need to include previous transfer receipt in new H1b transfer.
  11. Nani_H1b

    H1B approved without I-94

    If i am not wrong MTR is not for change of status it is for I-129. MTR may take upto 6 months. Good way to solve this, is going for stamping. No need to take your wife since she already have valid I94. if you take appointment after Oct 11th you can take new petition. You can check with your attorney for question 6.
  12. Nani_H1b

    Travel 2 weeks before H1 visa stamp expires

    Yes you can travel but they there is a possibility that CBP officer may give I94 end date as your visa(stamping) end date. I have see that case in this forums in I94 thread.
  13. Nani_H1b

    I 94 Date

    Hi You don't have much time to wait until CBP officer replies. If you have all documents I say go for stamping and come back then you are all set.
  14. Nani_H1b

    I-94 Expired Before Receiving Approval Notice

    You cann't void a approved notice . You can only withdraw a petition but that is not possible in your case . All you can do is apply new extension. Old I94 is not valid any more once you receive new extension/amendment.
  15. Nani_H1b

    H1B Extension RFE Denied

    You have to go back to India and come back on H4 and apply for new H1 if you stay long it will be violation. How many years of work experience do you have?. 3 years of work experience is equals to 1 year bachelor degree. So take expert opinion letter based on work experience and education them you will qualify.