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Everything posted by User099

  1. No, you are supposed to start from the day mentioned in your I797. You can check with an attorney to see if there is a way to do it.
  2. User099

    LCA Delay - End Client Location Change

    You might have to talk to an attorney about this. Changing a Client will most likely need an amendment not just a new LCA.
  3. User099

    H1B Transfer RFE Client Letter

    If your transfer is denied and current employer withdraws H1, you will have to leave immediately.
  4. User099

    H4/H4 EAD extension

    1. Yes 2. I539 will need to be filed with your H1 to extend H4. 3. No, you can file H1, H4, H4-EAD all at same time when filing for H1 extension. 4. H4 will take 5-6 months and same with EAD. Premium is only for H1.
  5. 2/28 will be the date your new employer will have to file an extension of status case. Anytime after that will be a bridge or a Consular processing case. If the LCA is filed on 2/17-2/18, you will very close to 2/28 for it to be approved and the transfer petition to be sent over to USCIS. Every day is important for you from now on and if you can have them file the LCA the sooner the better.
  6. What is your I94 expiry date? I think you will be ok if you have an approved petition in hand starting from 2/24/2020 and have an I94 which is valid beyond Feb 14th. But why take a chance, it might be better to leave and come back.
  7. User099

    H4 work permit

    Yes. No, they need some kind of work authorization to work while in US.
  8. 1. You should join on 3/16. 2. You are good, as you will fall in the 60 days grace period of end of your current employment. 3. No
  9. User099

    H4 EAD Biometric

    Yes, H4 extension will need biometics to be provided.
  10. If you don't have GC started you can't get 7th year extension. You will have to stay out for 1 year and then go thought the lottery. I don't think you have enough time left to get a I140 approved between now and October. GC processing and H1 transfer can happen parallel if your employer wants to do it that way.
  11. User099

    H4 denial while H1

    If you filed you H4 before Oct 1st, I don't understand why they declined the H4. I would recommend talking to an attorney and then going for H4 visa stamp and come back.
  12. There are multiple reasons why its recommended to leave early. You don't want to stay till the last day and get struck here due to reasons that are beyond your control like Health, flight delays..etc.
  13. User099


    You will have to go thought the lottery again, you are subject to cap.
  14. User099

    F1 CPT to H1B

    You might have run this my an other attorney for second opinion. But you can't have more than 12 months of OPT for same degree. You can try your luck by going thought Consular processing.
  15. User099

    DS 160 - Start Date of Current Employment

    It is the date you first started working for that employer, in your case it might be 2017 if there are no breaks.
  16. User099

    Do I need to go for h1b Visa stamping?

    You might have submitted details like SOW or PO of a project that was till 12/31/2018. What was the RFE about? I think you will be better off to submit a new petition and get it approved and travel back. You don't need a new visa stamp till Oct 2020.
  17. User099

    LCA Delay - End Client Location Change

    Did you not change from Client A to Client B? Or did you just change from employer location to client location in the same MSA?
  18. Who pays your employer, is it the end client or the implementation partner? As long as the Client is ready to give you a letter that states they deal directly with your employer and implementing partner is not mentioend in the letter you will be fine.
  19. User099

    H1 Extension Denied

    Since your h1 is denied, you will be treated as out of status right now. You can't file a transfer to stay in US. Your only option that I can think of is to go through the lottery process again in March in the general quota. You will have to leave in 2 3 weeks (asap) once you get your denial notice.
  20. User099

    Is my old I140 still valid?

    If you I140 from Emp A is approved for more than 180 days, you can use it with Emp C for extension and Emp C will most likely retain the PD. A employer can withdraw you I140 anytime, same day as you resign or keep it active too.
  21. User099

    H4 extension filing before 180 days

    If the H4 I94 was valid till 9/30/2020, there was no reason for you to file a I539 in Nov (if you knew H1 was only filed till June 2020). You can withdraw the current pending I539 petition. File a new I539 with your H1 extension on June and mention the end date to be 09/30/2020 for previous petition. EAD can also be applied at the same time.
  22. User099

    I-140 Post to Layoff

    Yes, its possible. Your PERM was for a future job which you will work for your employer when you get your GC.
  23. User099

    H1B Transfer on I-129

    I heard it takes 3-4 months for FOIA requests.