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Everything posted by User099

  1. User099

    H1B Cap Exempt Eligibility

    Technically you should be able to use the Priority date from old I140, but new employer will have to file for a new PERM and I140. But I would suggest you to talk to an attorney to make sure you are good as the I140 is nearly 20 years old. I don't know if anything else will come into play here.
  2. It will depend on what the role and responsibilities are for which you are applying. I would NOT give a blanket statement that Testing Engineers don't get H1 approved. You will need a good attorney as you have to tie your education with the job you are applying for and will need to go do good amount of paperwork for it.
  3. User099

    H1b - New Employer

    You can try. But I would not have high hopes for such a thing. Why are worried about the H4 case, unless its tied to an EAD. H4 can stay on the receipt notice untill its adjudicated.
  4. User099

    H1B extension documents

    Did you try to Google it?
  5. User099

    H1B amendment documents

    Your attorney should be able to give you a full list depending on your case.
  6. User099

    H1B extension documents

    Your attorney should be able to give you a full list depending on your case.
  7. You should be, if your employer is willing to process your case in eb1.
  8. Your priority date needs to be current for you to file i485. Check the latest visa bulletin issued by USCIS to check if your PD is current. What is your country of birth and which category did you apply in?
  9. I don't think PP will have any impact on how the case is processed. Just the decision will be delivered faster. H4 and h4 ead will not be processed in Premium processing only h1 will be. You still have to wait for 6 months for them to clear.
  10. Most likely there will be a gap of only a week or so for you to get your new H4 EAD card after you receive your H4 approval notice.
  11. You can't work when there is no valid EAD and you just have to take a break from work. Most employers might not hold the job if you can't tell them how long it will take for you to get an EAD and you will end up loosing the job. I feel USCIS is using this loop hole to discourage use of H4 EAD.
  12. User099

    Need advice on H4 status

    Here is what I understood from what you said, correct me if I am wrong. 1. She was in US and applied for H4 extension 2. She received I797 approval notice with I94 till June 2020 3. She traveled to get visa stamped till June 2020 and while coming back got an I94 at POE which was valid till 09/24/2019 4. She applied for new passport and never traveling out of country. Are these the sequence of events or am I missing anything? Generally the latest I94 is the one which determines the status and her latest I94 has expired on 09/24/2019. That is why I asked your check with an attorney who will look at the actual paperwork and give you an answer.
  13. They might issue you a RFE asking for latest I94 or copy of your H4 visa.
  14. Do they have a valid I94 to stay?
  15. User099

    H4 extension submitted on May 23rd 2019

    I don't know if there is anything you can do when its gone for a name check other than to wait. If you don't want to wait, then you can always go for visa stamping and come back.
  16. User099

    Trying to get B2 visa for 20 yr Cousin

    Untill he goes for the interview there is no way anyone can tell he will get a visa or not. All we can say is the rejection rate is very high for people like your cousin. There is nothing you can show as proof that he will come back after a month. Everything you said makes sense, but there is nothing stopping him from changing his mind after coming to US. I am sure Noah will have more to add, if you have not already read his earlier posts. All I can say is take an appointment, attend the interview, be honest with the CO and just hope he gets a visa. If he doesn't, just forget about it and move on. Did I mention be honest and don't make up a false story for why he is visiting you.
  17. You should be able to use AVR unless you are not going to Mexico for visa stamping.
  18. User099

    H4 stamping without travel

    Bad Idea. You should not do that.
  19. User099

    DS 160 without updating

    You can't use the same DS160. You will have to fill up a new one and take to the fingerprinting appointment and get it updated. Regarding the appointment, you might have to check with the Consulate or customer care to check if they can update it.
  20. Did this extension come with a valid I94?
  21. Were YOU not willing to join the new employer immediately after the transfer was approved or the Company B not willing to accept you once the petition was approved?
  22. User099

    New H1B FY2021

    Read this.
  23. User099

    H1B Extension after L1A Denial

    Yes, if you have a valid I94.
  24. User099

    H1B Transfer on I-129

    My guess is Yes. But you might have to talk to an attorney to confirm.
  25. Do you have any proof that your friend mentioned that he will join the end client and Emp A saying it was OK? 24 months a long time.