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Everything posted by User099

  1. You should be fine. You can hold multiple h1's and work for multiple employers at same time.
  2. User099

    H4 EAD and OPT

    Apply for H4 and EAD along with the H1 extension. Which ever gets approved last (H4 or H1), you will end up in that status.
  3. User099


    I think for a H1, your employer or attorney should raise the request.
  4. User099

    Second RFE, H1B Transfer

    Right to Control: You will need 3 letters establishing or passing on the burden to right to control from Client to V2 (Letter 1), V2 to V1 (Letter 2) and V1 to Employer (Letter 3). You will also need to provide the contracts or SOW's between all these parties.
  5. I don't think you need to go for stamping as your extension is approved with an I94. Look for a I-797A notice. Since you applied in premium, you got this email and you will get the hard copy soon. They will notify a consulate as per what was in the I129 form.
  6. User099

    Want to take break on H1B

    You can take a break and when you want to start working, you can file a new cap exempt H1 petition and switch to H1 anytime. But why do you want to switch to H1 when you get more flexibility on H4 EAD?
  7. User099

    H1 to F2 - Urgent Questions

    1. Since you have an I140 approved, it will be difficult to prove that you don't have an intent to immigrate to USA which is a requirement for a F-visa. It will be tough. 3. Yes. Talking this through with an attorney will be a best option. They might recommend going to home country for F2 visa stamp or wait till you get a new job and come back on H1.
  8. User099

    Current H1 Denied and previous H1 approved

    Why are they asking for an amendment? Is there any change in the job title or job location from what was submitted in the original petition?
  9. User099

    H1- B amendment denial - future disclosure

    In this case, your visa was not denied just the H1 petition was denied. Both are different. Your answer will be NO, unless you have any other visa denials in the past..
  10. User099

    H1 transfer got rfe for paystubs

    I think you should be good and they will not ask for any more pay stubs because you submitted till Nov 30th and transfer filed on Dec 3rd, that's close enough to prove you are on status.
  11. I am not sure on how they filed for the transfer without the original petition taking effect from Oct 1st. I did not want to go there without enough information. May be talk to the attorney who filed for the transfer will be a good option. If you have been on status all the while and have no issues, then I think your consular processing should go fine.
  12. User099

    H4 Approved for Spouse but denied for Kid

    Why was it denied?
  13. User099

    F2 dependent visa got rejected

    You clearly show you have the intent to immigrate to US, you can't do that with F1.
  14. User099

    Unpaid Leave on H1B

    It will be considered as bench period if you do it for so long. Not good.
  15. Its better to apply for the transfer after you come back. If they do it while you are outside the country, it will be under consular processing and you will again have to travel for it to take effect.
  16. User099

    H1B Approved with i797B for 3 months

    Question- Did your employer ask for consular processing or was your COS rejected? If your COS was rejected, then VO will ask you about your status all the while you are on F1. Most likely you can't file for an extension until you come back on H1. Every case is different, people here can answer your questions but without knowing the actual details it will be difficult to give your a complete picture. I would recommend to talk to an attorney to have your case reviewed before you go for the interview to get a full understanding on your case.
  17. User099

    H1b stamping for disabled dependent

    If you daughter is below 14 years of age she might qualify for a visa waiver and need not attend the interview. Check with the consulate you are planning on applying.
  18. Best to file an amendment and then go for stamping with it.
  19. User099

    Got 221g for H1b stamping client lost

    So what is your question?
  20. If you First H1 was for a for-profit company then you are cap exempt now.
  21. Yes, that's ok for the LCA date and Petition date to be different. LCA is filed for 3 years and petition is only approved for the period employer can show that he has work for the employee. As we initially discussed, USCIS might have seen something in your paperwork which made them believe the current project end date is 2/24. Hopefully USCIS will review and extend your case till 2022.
  22. User099

    H1B Cap and the New Registration Process

    Hi, Is it ok for an applicant to travel out of US during the new registration period between 3/1 and 3/20? Thanks.
  23. User099

    Change of status from H1B to H4 while in US

    What if USCIS returns the application due to some issue and OP resigns the job and 60 days are exhausted? She will be out of status. Its better to wait for the receipt notice always.
  24. User099

    Self-Employment on STEM EAD

    I don't think you can file your own H1.
  25. User099

    Passport Expiry

    I know others are saying no issues, but let me tell you what you will really run into. You will come back and your new i94 will be till your passport expiry date, which is 3 months short of i797 validity. You will apply for a new passport after coming back. All good. Now you will have to either travel to get a new i94 for the additional 3 months or file for a h1 petition before you i94 expiry date to stay in status. Let's say you are not able to file in advance, you will have to scramble to travel for getting a new I94 to stay in status. Do you want to be in such a situation? Make hay while the Sun shines.