
User099
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Everything posted by User099
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VISA stamping with existing A employer while VISA transfer is in process for B employer?
User099 replied to sudakhe1981's topic in H1B : General
You are working for Company A, you are going to get stamping for Company A. No issues. Company B offer and joining them is a future thing, may happen or may not happen. You can mention it to them in the interview if they ask. One thing you might have to consider is if you get Company B's approval after coming back, what I94 number will be on the new approval notice as they might have filed it with your current I94 which will become invalid once you leave the country. -
1. If you have the Company B approval handy, you can give it to the attorney for Company C. Only thing I can think of is if you dont have a paycheck from Company B, attorney might want to use Company A's approval to prove your current Legal status. 2. You are officially approved to work for Company B, so I dont see any issues if you switch.
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H1B Transfer while Extension is in processing
User099 replied to rakee@1234's topic in H1B : General
They should be able to apply for your H1 transfer via a new employeer, but it might have to be done via consular processing as you I-94 is expired. -
You should be seeing your updated I-94 by now. Contact CBP and see what they say about it and if there is a issue they should be able to fix it.
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Yes, You should be fine to travel while Perm is pending.
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Job change with 7 months left on visa, I-140 approved
User099 replied to vghegadi's topic in H1B : 7th Year Extension
Since you have a I140 which is approved for more than 180 days, you can use that to apply for H1 Transfer and get 3 years. -
You will have 60 days from the day he was layed off to find a new Job. If he can find anything in those 60 days, they can apply for his H1B transfer and you will be in status. If he cant find anything in 60 days and you have a job offer, he can convert to H4 and you can move to H1B.
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Did the notice say they WILL or they HAVE revocked the benefits and authorization? May be your lawyer will know best way to proceed on this. Laywer might have to apply for the Premium processing again with the Check/DD/Cashiers Check.
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No, you cannot work with H4 EAD receipt notice. She will have to stop working on the day her EAD expires.
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Visa for Small Canadian Business/Canadian Citizen
User099 replied to nashman666's topic in Other Work Visas
You can look into TN status or TN visa and see if your work qualifies for a TN status. But I think the US company will need to sponser your TN Status/Visa. -
If your EAD is expired, you are not eligible to work even for your own LLC.
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H1B denied - I140 approved, my Attorney sent email to USCIS for supervisory review as denied reason is not valid
User099 replied to Hanumalla's topic in H1B : General
1. You typically have 10 days, but it can be anywhere between 10-30 days as there is no hard rule. There are things that are not in your control like kids schools, health reasons which could impact this number. You also have 30 days to appeal your denial. 2. I might sound crazy, but why do you want to work on US payroll and pay taxes when you have to work from India. Setup your own company and see if Onshore company can work with your new company. -
You can travel on the visa issues in March 2019.
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Travel out of US after H1 - approved with consular processing
User099 replied to deepsan's topic in Travel
With the limited information you provided I am assuming your H1 will start from Oct 1st 2019. If you approved I797 has no valid i94, You will have to go back and get visa stamping done to come back on H1. Note: Please dont use this a legal advice, always talk to an attorney before making an decisions. -
You should be able to travel before you apply for your Amendement + Extension. It is not adviceable to travel while your application is pending with USCIS.
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Sorry to hear about your issue. All I can say is talk to an attorney to be 100% sure about the short term disability. Wish you all the best!
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You should be ok to enter through SF. To be safe better have a ticket from SF to Utah.
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H1B approved/Stamping done but no travel plan
User099 replied to subodh kumar's topic in H1B : General
Yes, you will be cap exempt -
What did your attorney say who filed your case?
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1. The approval of your transfer application will depend on the new job or paper work you submit for transfer application and not your previous approvals. 2. you will have 60 days after your job end if you have a valid I94. 3. Your transfer application and approval will not be dependent on your new Validity (01/09/2023). Your transfer application will be a new case and your approval will depend on your new job offer. Note: I am not an attorney, and this is just an advice and not to be used as a legal advice.
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You have an approved 140, you will not be subject to the cap.
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1. Yes, all 3 can be filed at the same time. 2. It might not be a problem, but just some additonal Paperwork to deal with. USCIS might see 2 pending H4 and H4EAD applications at the time of processing issue an RFE to see which one to consider. OR USCIS might go by the last action rule and issue you an H4 and H4EAD approval depending on which H1B was approved last out of the two. If I was you, I would talk to an attorney to make things clear in this environment.
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Its between 85-135 days depending on which service center you apply.