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immijam

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Everything posted by immijam

  1. immijam

    Can I sue my employer for many reasons?

    Then you are safe - if you pointed out at the right time...showing they paid when you actually didn't get deposit in account is violation - should report asap
  2. immijam

    Can I sue my employer for many reasons?

    ...all that you described potentially sounds like fraud and illegal, "generated dummy paychecks for me" - is a serious issue and you knowingly /willfully didn't do anything about this until you had a fall out with your employer. This could backfire against you, but we don't know unless someone reviews your circumstances. You should immediately inform and report to DOL and USCIS (and save yourself). For attorney, you really go with any attorney with good reviews.
  3. immijam

    Need for an H1B Amendment

    It doesn't hurt would have been my opinion pre-2017, but given current times (& rate of rejections) not worth the risk, unless you are going for stamping (and need to carry a new client letter), or there is a spot check that has caused issues. There is an online memo that states it maybe allowed, but that's always interpreted different ways by different attorneys. Ps: If your salary &/or title has changed, you should surely file for amendment.
  4. An young Indian guy who is a "test engg analyst at XX (software firm)"..., applying for visitor visa is a red flag IMO...first thing the guy would try and do is try to search for a job and see if someone can file his H1, at least presumption! which is sufficient for denial - The VO maybe right IMO. ...not suggesting try a change in profession next time coz with two prior denials I don't know if anything will really help, it's just bad luck. Try attending via face time.
  5. immijam

    Employer credited salary without joining

    You have just indulged in unauthorized employment, unless the employer guessed your bank account # and got it right, without your knowledge.
  6. immijam

    Multiple H1B petitions from different employers

    Yes, if end client and location are different, if different employer but same client, both will get rejected under fraud for acting in concert for increasing your chances in lottery
  7. immijam

    H1B transfer denied + I140 approved

    "Joined on receipt" - killed your chances of keeping previous H1. Thats gone. Answers below - 1. If RFE gets denied, do I need to leave the country immidiately or do I get a 60 day grace period? I have I94 active till August. Immediate. 60 is for job loss / termination. Your case would be denial by CIS 2. If RFE gets denied, do I need to leave the country even if USCIS files a new visa petition within a day or two of getting the denial notice? Once denial - game over! 3. Can employer B file another H1B in parallel to current H1B - this time with corrected job requirements? For the same job? No. For another position, Yes. 4. If RFE gets denied, can i go back to Employer A if its h1b is still active? Not really. Basic rule of thumb, never join until approved. Stakes too high. The day you joined on receipt, you killed your previous H1. Going back will only accrue illegal employment and potentially a future perm bar from entry based on how long your engage in unlawful employment. Hope for an approval, but if denied your only option is to exit the US immediately. Find new H1b employment from outside, go for stamping and move on with your life with lessons learned. Best of luck
  8. Just to add... If you decide to go F2 route, I would recommend wait for 90 days before you COS to H4 or H1, doing so reduces your chances of being flagged for visa abuse. Finding another contract and submitting new client documentation is always an option, especially if in the same MSA, but extremely difficult and maybe time consuming finding such combination sitting there.
  9. Your worst nightmare has come true...you weren't supposed to go stamping with no client letter / support / week project that could end anytime. Without solid itinerary they don't even approve these days. Could have married in US. Don't know how countless people make this mistake and get stuck for years or forever. Anyways whats happened is happened. The above mentioned conversion is theoretically possible, but very risky. Your only real option is... Go for F2. It's a risk with primary's F1-COS in place - but legally you are allowed / eligible to go - your chances of success are extremely low due to immigrant intent. They will have your h1 history in front of them. The reason conversion is risky - changing from dual intent (h1) to F2 non-immigrant intent back to dual intent h1 - could be viewed as visa fraud due to abuse of F visa just to enter US. So I would recommend don't attempt, but your choice. I have seen some get away.
  10. "The I94 you get on entry is NOT dependent on the VISA stamp. It is ONLY dependent on the H1 petition expiry assuming your passport is still valid till that time." This is how it should work in theory, but practically couple of times in my case (& also for others I know), what happened is they didn't ask for or even look at the I-797 when presented, When I called for the supervisor on this - she said, I-797 is a status doc and pertains to CIS - they go by DOS doc i.e. visa which they look at and gave me a date consistent with Visa which was obviously shorter in my case. I know as per the rules they need to give as per the I797, but practically now a days they don't, if visa is shorter
  11. immijam

    H1B greater than 3 years.

  12. ...at POE you will be issued a I94. Ideally your I94 should have validity consistent with your I797 but practically they just go by whats on visa 90% of the times. if they go for visa you will have to extend your I797 as per the I94 last issued. Its just bad luck. you can contact the consulate for visa date - but I doubt it'll help and even if it does - god knows how long it could take.
  13. I have the same situation but with H1 (I have a 3 yr recent visa stamped too). I think I am going to use the AP/EAD in which case the H1 status is lost. The reason I am going to take that route as because of the flexibility AP/EAD offers rather than being trapped in L1/H1 status especially given current times (audits/site visits/etc), plus AP is specifically issued for that purpose. i.e. to travel while AOS is pending and not abandoned. So why not use the more flexible /convenient feature. Ps: Only if you feel you have a good possibility of I-485 denial you should consider preserving the L1 just so you don't have to immediately depart.
  14. immijam

    Is Stamping Required: Valid visa but new I-797?

    not at all required as long as he is still eligible for H4
  15. immijam

    Change I797 before Visa interview

    you will create unnecessary trouble for you there (delays). Your DS form needs to specify all details about petitioner which is submitted to the VC. They review your case (prep), just prior to your interview... changing your petition at the time of interview will require you to book your dates again
  16. immijam

    Same time for different H1's:Mumbai consulate

    Not same counter at the same time. It could be different counters at the same/different times or same counter different times. H1s are not related and would be interviewed separately...you may be asked about each other though Changing date and time is unnecessary
  17. immijam

    Suggestion needed AP or H1?

    Thanks for your suggestion. I was told that this was a good option a few years before, specifically before mid-2017. My AOS is FB and not EB so risk is lower of a denial. In current times there are a lot of unforeseen issues that can stem from being on H1 status. It's become more of a hassle each time anything changes plus have to be restricted to one employer.
  18. Guys I really need your suggestions I have both H1 as well as a marriage based (AOS), AP/EAD. I am going to travel soon. 1. Is it better to use AP than H1 for re-entry? I know both are possible, but I just need to figure what I actually should be using. 2. Even if I enter on AP, can I continue to use H1 for employment? or does that automatically change to EAD?
  19. immijam

    Suggestion needed AP or H1?

    Thank you so much! I think you made perfect sense there. Apart from being stuck there are also potential headaches such as amendments, etc.
  20. immijam

    Mumbai Visa Stamping office

    for stamping they use the one in BKC, and you are right - they do make you "stand outside in heat" + DUST, it's just how its is outside - if you have allergies can try stamping in Canada
  21. 1. Use correct (current) address 2. Get an employer letter stating just what you said..."moved to a new location within the same MSA (Metropolitan Statistical Area), from Plano, TX to Richardson, TX which is around 15 miles...this does not require any amendment as the same LCA is valid within the MSA" - additionally carry a print out of the CIS guidance over this...
  22. immijam

    221g on H1b. Travel back on valid F1 stamping?

    1. Can I travel back to US on my valid F1b stamp and OPT, as I have EAD card valid upto May 08, 2019 and a non-expired F1b stamp on passport? Once you go for stamping, generally your prior visa are "cancelled without prejudice", intent if F1 is to be a student /training, but by applying for H1 you established that you want to work and not study. You could get lucky, but can also be flagged for fraud /misuse of F1 visa just to re-enter. 2. Should I get H4 on my husband's H1b and then travel back to US ? Safest option in my opinion, but you will be asked about pending 221g and if you are no longer interested in getting the H1 visa. What is your answer going to be?
  23. immijam

    Travel during AOS I-485 pending?

    I have both H1 visa stamp, status and job. I additionally have AP.
  24. I have a marriage based AOS pending. I have not traveled outside the US yet since filing AOS. My case is ready for interview, but not scheduled. Does travel outside the us affect processing times? Meaning, will travel delay the interview date due to any additional kind of verification?
  25. once you are unlawful / or out of status - you have to exit and re-enter in correct / new classification - your visa foil is auto-void the day you went OOS
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