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Everything posted by User099

  1. Yes, you should be. When was your I140 approved?
  2. I think you understand the risks as you outlined above.
  3. User099

    H1B New Registration Process and cool off period

    Here is my interpretation of the new process: You should be able to register for the lottery process and if selected you will be able to file for a new cap subject petition after Apr 11 2020. By this time you will have completed 1 year outside the country. With the new process you will have till June 30th to file your petition.
  4. No, no its not an issue. when you go for h4 visa show your husband's h1 and you get the visa for the extra 2 months.
  5. User099

    Filing for Both H1B cap and H1B Cap exempt

    H1b non cap
  6. User099

    F1 Visa Interview Different Major

    I was replying to the original post that apply for a master's in CS pose any challenges in the visa interview and not what you said Noah. I agreed the he will have to prove that he will go back after his masters is done.
  7. User099

    H4 Extension when having Future Dated H1

    H4 and H1 are in the same H visa type, you can't convert from F to H but h4 to h1 is allowed in Mexico.
  8. I am guessing that your I94 is expired. If yes, you will have to go for stamping and come back.
  9. 1. Yes, you can do consular processing if you find a new job. 2. Yes, if you employer withdraws i140 before 180 days you will lose the PD. See if he can hold the withdrawal for 2 more months. You don't need to work for the employer for him to hold the withdrawal.
  10. User099

    An amendment filed to H1B in premium

    I will not recommend to travel while amendment is in process. Unless you want to come back after the decision is made on the amendment.
  11. Did you check with your attorney to see if it actually qualifies to call it a new job with new responsibilities.
  12. User099

    H1B New Registration Process and cool off period

    You might have to post this in the topic of the week section. I don't know if USCIS will use March 1st as the cutoff date or a later date with the new process.
  13. User099

    H1B i140 to GC due to Sick Kid

    You can check with an attorney to see if your current situation will qualify you for an EAD under compelling circumstances with an approved I140. But there is not shortcut to GC as far as I know.
  14. They will have to travel with her to get the visa stamped. Just sending the passports is not a good idea.
  15. User099

    H4 EAD work remotely

    Yes, you can. But talk to an accountant about taxes. You might have to pay taxes in both US and Canada.
  16. You can do it while you are in India. If you have a valid visa, you can travel with your new I797 approval notice. If your current visa on your passport is expired, then you will need to go for a new visa stamping. Your I140 can't be used for requesting entry to US.
  17. Best thing will be to apply for H1 and H4 extension after you both come back after the marriage. You can apply for your H1 extension now and if you get approval, she can take that for stamping. But I don't think there is enough time left for the extension to be filed and receive an approval by Mid Feb. Your I140 can be applied once you receive you PERM approval, it not require for you to be present in US to apply for I140. This can run paralley to your H1 extension and has nothing to do with your wife's H4 stamping.
  18. User099

    H1B Employer address clarification

    I don't think there is any such requirement. But I feel Address C should be the one you should using in DS160. I will let others to chime in with their thoughts too.
  19. User099

    VAC appointment Consular Processing

    1. This is correct. 2. That's common, you will have to go Fingerprinting and photo almost every time you go for a visa now.
  20. yes, this is fine.
  21. User099

    H1 Stamping

    I feel you are ok to go for stamping. Also I don't think there is any need for an amendment. This is just my personal opinion.
  22. 1. You should be able to go back to A if they have not yet withdrawn the H1. 2. Doing multiple transfers is ok and you have also received an approval for B, so I feel its ok. But not getting paid for months is not good.
  23. User099

    H1B Extension + Amendment Denied

    Going for stamping and coming back is a good option, it will clear any ambiguity. But your employer can also file for a new amendment while you are here on the basis of your original petition.
  24. User099

    H1B - Pending Criminal Charge

    1. You will have to give the details of the case to USICS when you file your case. 2. Its up to you. 3. You don't need any court documents for the lottery process in March. Your employer will have to file the case for you in March. They will need your passport and educational details. 4. If your application is picked, you will submit the full H1 package. 5. You will also need to talk to an immigration attorney. Could be the same one who files your H1 or could be a different one to help with immigration issues with your current case. 6. Don't try to hide anything or lie in the application or in the visa interview.
  25. You should be good to stay till Aug 20th. BUT I don't know if that will come back and bite you even thought its not your mistake. Its better to check with a couple of attorney's to make sure what they recommend before you make a decision.