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Everything posted by satya2k1

  1. When your employer requests for extension, they should submit the basis for their request. If it is purely recapturing time that you were not present in the USA, then you have to provide evidence that you were not in country for those 5 weeks. Most probably, the USCIS will deny your H1B if they adjudicate your petition. Because, if your employer submit your H1 application now, it takes atleast 3 to 4 months to get adjudicated, which means around October 15th, by that time your 5 weeks recapture is also done. If USCIS takes my extension (normal processing) a little later, say by Oct 2018, will they reject the extension because maxout is over? In that case, will they consider my stay from Aug 23 - Sep 28 as illegal? Or will they just abandon my extension processing request? You have to leave the country immediately even before you get a Notice to Appear. As per new policy, USCIS will issue a NTA when petitions are denied. If my extension is put in RFE between 8/23 and 9/28, I will not have sufficient time for re-submission. In this scenario, what will I have to do? Will they consider my stay from Aug 23 - Sep 28 as illegal? Less chances of getting RFE between 8/23 and 9/28, if you do, and you don't have enough time, then you have to leave the country immediately. Regarding illegal stay, it depends on how you convince the office at the time of re-entry, you need to have solid proof that you did not stay illegally. If you do not have any intention of staying after H1B, then why would you risk the future entry? If you leave on time, then you will save money and also no risk when you come back next time.
  2. satya2k1

    Does credit score affects H1B visa stamping

    No effect of low credit score on H1 visa stamping.
  3. satya2k1

    Is it a good time now to apply for H4 EAD

    Hi Bhavana, At this point, it is still uncertain on H4-EAD revocation. Public will have 60 days to comment on the proposal, and it takes another 1 to 2 months for DHS to approve the rule and publish in register. The best bet that can come out of the proposed rule is DHS may propose to end accepting H4-EAD new and renewal applications from a certain date, and H4-EADs which are valid continue to be valid until expiry date. And, after expiry date no more renewals. This is just my opinion, which is similar to what happened with DACA program. I heard in other forums that there will be several lawsuits if DHS ends H4-EAD.. so it is very uncertain at this point. You can also change to H1 status next year.
  4. She should have got I-20 endorsed from her school DSO for travel and endorse employer name. I don't see any issue, because she was sent back to India after denying entry from Dubai., If you have proper H1 documents, and with valid marriage proof she should be able to get H4 visa. I suggest that you both go for stamping together on same day instead of separate stamping.
  5. satya2k1

    H1B amendment denial and H4 visa stamping

    There shouldn't be any issue, if you are still with your employer and getting pay with valid I-797. VO might ask your spouse for your recent pay stubs, just a note.
  6. satya2k1

    H4 EAD -RFE

    It is always better to follow names as shown in Passport and Birth Certificate, including if anyone has long first names.
  7. satya2k1

    COS to H4 after H1 extension denied

    Yes, you can apply for her H4 COS, but you have to do immediately. Or, have her get H4 stamping and enter with new I-94.
  8. satya2k1

    H1B Denied , got 221G

    Yes, you can apply for B1. But as I said, chances of getting B1 visa are very slim. Because you have expressed an intention to work in the USA by apply for H1, now you are applying for B1 for visiting. If your luck favors then you might get B1 visa.
  9. satya2k1

    Change of Status - H1b to H4

    Atleast get last 3 months pay stubs and file for her H4. Be prepared to answer any queries from USCIS on her current status. Good luck.
  10. satya2k1


    You can file a complaint against your employer (employee-employer relationship), if they are not paying you at least the prevailing wages or wages prescribed in LCA for your job. I don't think you can file a complaint against a vendor or middle layer person, because you are not working for them, and there is no relationship between you and middle layers. However, you can provide tips to DOL and USCIS about any fraud or H1 abuse by anyone.
  11. satya2k1

    Change of Status - H1b to H4

    Yes, definitely helpful. but still your spouse may face a query. Does she have W2 for 2016 and 2017 tax years?
  12. satya2k1

    Clarification on H1 Amendment

    Good question. If the final rule applies then technically, an amendment is needed. However, if the LCA for Client A is still valid then probably you don't need an amendment. I advise to seek an experts opinion on this.
  13. satya2k1

    H4 Visa Documents Required

    1. Her passport and marriage certificate. You need to send a copy of your I-797/ H1 approval notice, and copies of your current status documents F1/OPt whatever it is, and if you are working then copies of last 3 months pay slips. 2. yes, she can still go for stamping.
  14. satya2k1

    H1B Denied , got 221G

    B1 visa is very uncertain, even though you have all correct documents, there should be a solid reason for visiting on B1, and also strong ties with home country and convince the Visa Officer that you will come back after your visit on B1. They already know that you have an intention of working in USA because you applied for H1B, so it does not look rosy for VO. It is tough to get B1 but not impossible.
  15. satya2k1

    Have an i140 approved - Going to H4EAD

    1. Why is it not feasible? There are hundreds of consulting/staffing companies who can apply for H1. 2. There is technically NO such thing as "H1 Transfer". when a candidate moves to a job, then new employer have to apply for H1 so that candidate can work for them. You can apply for H1 to H4 EAD COS at any time before July 31st or within 60 days grace. But there are chances of getting a query if you apply within the grace period. 3. Yes, you can COS to H4 EAD and then again H1B if your spouse finds a new employer. Her I-140 and priority date will stay with her, and she can also get 3 years extension based on the approved I-140 once she gets back on H1B. "Also, what is the difference between H1 to H1 transfer and H4 EAD to H1 transfer (COS) when it comes to USCIS point of view." I didn't get this question..
  16. satya2k1

    Change of Status - H1b to H4

    Oh boy, your spouse is in a big trouble. She got her H1B approved in Dec 2016, and she hasn't get paid and did not change her status to H4 for this time. She has been out of status for more than one and half year. The better option for you is to file a complaint with DOL that employer did not pay on H1. This does not make your spouse completely safe, but still little better. 1. Yes, your spouse is out of status because she is not working on H1 2. Yes, you can file COS from H1 to H4, but be prepared to address RFE/query regarding H1 status 3. Waiting will not help you any more, same issue at the time of AOS also.
  17. satya2k1

    Refund $1225 from USCIS

    Did you check with the USCIS? Most probably, the reason could be dates are not current under EB1 and an IMMigrant Visa number is not available for you yet. They might send you another letter to submit the fee again, or it could be by mistake and you might get your GC as soon as the dates become current. To be sure why you got the refund, check directly with the USCIS.
  18. satya2k1

    Cross Chargeability Based AOS Rejected

    Seek an immigrant attorney's advise for your own good. Your posting is not clear.
  19. You will get 3 years extension to work for new employer based on approved I140.
  20. satya2k1

    H1B Denied and i-94 Expired

    It really wonders me, how can a candidate change employers and and employers apply for H1B without a project or work.
  21. satya2k1

    H1B Denied and i-94 Expired

    Hey Kaylee, Is it that simple to get Canadian work permit? I heard it takes lot of work from Employer side to advertise job, and get an LMAO to recruit an international candidate. Many canadian employers are not willing to go this extra mile to recruit international candidates. Thing might have changed now since the G7 summit.
  22. satya2k1

    H1B Revoked

    if you have not worked on H1 in April 14, and never used H1 for work, then you are not eligible for cap exempt. On other note, since you have been working in USA on L1 for 4.5 years, you may not be eligible for 3 Yrs of H1B without an approved I-140. check with an attorney on this.
  23. Did you check the employment dates on the LCA and I-129 petition form? If the dates were shown incorrect, or your client letter states that position/project is available until 12/31/2018 then you get H1B ext till that date. You better check with your company attorney and check both LCA and I-129 petition form that they sent to USCIS.