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Everything posted by User099

  1. User099

    H1B Layoff options

    During normal time, it is recommended to leave before the the 60 day grace period is over and come back when you get a new job with a new visa or a valid old visa. But due to travel restrictions, B2 is just a temporary option to stay till things become normal. There is no other option other than to wait for the B2 to be adjudicated or the travel ban be lifted.
  2. You will need amendment so that location A can be added to the LCA and petition for Client Y.
  3. Ofcourse the child is not a child any more when he turns 18.
  4. User099

    Is it visa abuse?

    Yes, it will be risky to file a B2. She will not qualify for B2 as spouse is in US and she can't prove that she will return back after visiting for few months.
  5. User099

    H4 and H4 EAD clarification

    Yes, H4 approval will depend on biometrics. I think the ASC's are now open and doing biometrics. You can call USCIS to raise an SR as you have not yet received the receipt number.
  6. User099

    B2 to H4 COS

    I would not recommend do it as it can be treated as misrepresentation at POE. You should consult an attorney about it.
  7. User099

    H4 EAD

    Yes, you can use the I140 from old employer if it was approved for more than 180 days.
  8. You are not yet counted towards the cap as your was a Consular processing case and you still don't have a visa. In that case, new employer can't file for a transfer, they will have to do a cap case for you again.
  9. User099

    Work from home during pandemic

    You should be ok as long as you are with in the MSA of the LCA that was filed for the H1. You are just 2 miles from office so you should be ok. But if you are in a different state or city and working from home for more than 60 days then you need to file an amendment.
  10. User099

    Travel to india with new rules

    No, even if you get a visa now you can't travel while there is the travel ban.
  11. Don't read too much into these online status updates as they are not accurate all the time. You should wait for the approval notice or any other document from USCIS and then act on it.
  12. User099

    FTE to Contractor to FTE

    You can use the same I797 to go for visa stamping when consulates are open. Your FTE will only come into effect after you come to US on H1. While in India you can work as a contractor and that should not have any impact.
  13. User099

    H1b to B2 to H1b cap exempt

    You will have to wait for the H1 to be approved and it has to come back with a new I94 for you to start working again. You have PP so hopefully it will be approved in a week or so.
  14. I think the new rules are still not clear as to how they work. You should consult an attorney to see if they recommend filing a H1 without a Client letter and SOW.
  15. User099

    H1B Salary reduction due to COVID-19.

    As long as the employer is paying you as per the LCA that was filed you should be fine. One other option is to change the position to a different role and file an amendment. If your attorney is not sure, you should consult an experienced firm. Even if the amendment is denied the original H1 should still hold good in most cases.
  16. User099

    H1B Extension Receipt Number not recieved

    Many people are seeing the same issue with receipt numbers not getting issued in time. If its PP your employer or attorney can call USCIS to get a update.
  17. If you get paid till July 31st and also if your employer is giving you a letter as the last date of employment is July 31st, then your last day will be treated as July 31st. You can consult an attorney to be sure.
  18. User099

    H1B Extension in USA

    USCIS recently rescinded the memo's for EE relationship and issued new guidelines. Hopefully this time it will go through with no issues.
  19. EO doesn't impact H1 amendments or extensions. You can file for an amendment.
  20. User099

    F4 Vs. H1B

    Leftover GC number will add to the backlog an might push the dates a bit. But you never know what this administration will do with them.
  21. For Employment based, you will need an employer who is offering you the job and sponsoring your GC. If you quit your job now, your new employer will have to start the process again but you can maintain the PD.
  22. Kids can't give up US citizenship till they are 18. Without denouncing US citizenship they can't get Indian Citizenship. You have to wait till the kid is 18.
  23. User099

    i94 extension with H1-B extension

    Yes, you can file for an extension.
  24. File your H1 and H4 along with it EAD, apply for spouses H1 in PP and withdraw H4 petition if spouses H1 is approved.
  25. You are good. Your I94 which came with the I797 in Feb 2020 is valid even if you got a new passport.