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wisheme

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About wisheme

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  1. There is a person named A. Her story below: A's h1b visa valid until Sep30th,2022. A's PERM filed on 01/15/2022, currently the PERM status is "Analyst Review". A has no recapture time accrued so far. The attorneys are asking A to travel immediately to capture remaining time as much as possible, probably 1~2 months. However. A does NOT want to travel now, as there are no visa interview appointments until May 2023 & she wants to return asap once she travel outside. (A has family to take care in USA.) So thinking about the following scenario: A do not travel. A stay in H1 and work until August 15th. If PERM is not approved by Aug 15th, A apply for H4 status (A's husband is on H1). So, A apply for H4, (to be effective from Sep 1st) and stop working from Aug 31st. That saves one month of h1b 6years & does not max out. Now, the possible cases are: 1. PERM is approved after H4 application – Apply for I-140 premium processing, Apply (H1 extension for 3year with premium processing+h4 withdrawal), no need to travel outside to reactivate H1B, since the last one month was left on A's h1b, as A has not maxed out. 2. PERM is approved after H4 application – Apply for I-140 premium processing, Apply H1 extension for 3year with premium processing, no need to travel outside to reactivate H1B, since the last one month was left on A's h1b & A has not maxed out. Apply for H4 withdrawal. 3. PERM is audited – wait until PERM is certified and then same as step1/2. In all the 3 cases above, H1 will be approved sooner than H4, because H1 has premium processing. Is that a workable scenario?
  2. I am currently in USA, booked my visa interview appointment in malaysia due to a business trip I had to make. However the business trip is cancelled now, but I dont want to miss the appointment. because if I want to travel to India anytime now, the appointment interviews are not in near future. its until next year. My question is: Will there be any problem if I go to Malaysia just for visa interview, and there is no other reason. Also I have to on my personal expenses. Will it be seen negatively from visa officer's perspective? like why am I going to a different country for interview? than my home country/ something like that?
  3. wisheme

    how many days I get after h1b 240 day rule?

    Thanks a lot for all replies! I understand, immigration attorney will be the right/ultimate person to help with this case. But just my thoughts below.... Feels little unjust if the person has to be prepared to leave IMMEDIATELY to avoid future issues, coz they might have stayed 4 to 5 years already, and will need time to settle things before leaving the country. I strongly feel, USCIS should give consideration and provide some days, like 30 or 60 for these people without accruing illegal stay. Because its not a mistake of their own, its completely due to external factors, could be delays in attorney side, USCIS side, they couldn't provide decision within 240 days. Why I am saying the above is, think about it, if the decision was given as "not approved" on 230th day, then (as per my understanding) the person gets 60 days before leaving the country without accruing illegal stay, right? ------------- is this correct?
  4. Hi, I understand there is a 240 day rule, which says: If h1b extension is in progress, and I-94 expiry date passes, and 240 days from that date is also passed, but still h1 extension is still in progress, there was not a decision made. Then that person can not work after 240 days, he has to go on "leave without pay" . My question is: After all this, If h1b extension decision comes as "approved", all is well and good. But if it comes as "not approved", will i get any additional 60days to find another employer to transfer h1? Or they will have to leave country within 1~2 weeks something like that? Anyone has any idea on this? please help????
  5. Hi, I want to know, when someone in USA on h1 or h4(not ead,just h4) visa, can they work as a consultant on a glg project? The work is only a phone consultant, not actually doing any productive work. However glg arranges a phone call between its clients to its consultants. The consultant is supposed to answer some questions of their clients. Will this be considered illegal? to be a glg consultant? When I asked glg the same question, they mentioned its not illegal to take up glg projects. They said they have lot of consultants who are doing this. Kindly advise, Thanks,
  6. Hi JoeF, Yes I got h4 approval with new I-94. Infact, the I94 num was same. But its valid now, although not h1. Now.... I still have the same question: Can my h1b visa be transferred to a new employer now? If it can be, is there any time limit on number of days before it should be transferred? Thanks for your help,
  7. Hi, Thanks for all the replies. I have a followup question to my above que. The I94 date which is mentioned on my i797 was expired in July 2020. My h1b visa can not be transferred to a new employer now? If it can be transferred, is there any time limit on number of days before it should be transferred. Please give more details.
  8. Thanks everyone for the replies! What is PP? Please excuse for asking, if its a basic thing.
  9. I worked on h1b for almost 3 years, upto 2018 June. After that I had to stop work, and I changed to h4 status. But I have another 3 years of validity remaining on my h1, out of allowed 6 years. However, now I am back again, want to work. But as I spoke to some employers, they mention h1 can not be transferred, as my previous employer would have withdrawn the petition and my h1 visa would be useless. Why? Is that so? Do employers have to revoke/withdraw their petition when h1 employees leave? I know there is no premium processing now due to covid, for h1 transfer/extensions. I am not talking about that. But its about can I utilize my remaining valid years of my h1?
  10. Hi, Thanks for all the replies. " make sure that the company can pay the salary" -- what type of assets/docs/back accs can the company show as a proof? I understand its a question to attorney, but how do companies show this proof in general? especially because its a new LLC and not funded? also its a consulting company. " only start working after your petition is approved" -- thanks for the good advice
  11. Hi, Green card process is started for me with my company. At the time of starting my job title is "Sr. Platform Engineer". However, after 6-8 months after starting, the job titles of most of employees have changed due to some restructuring. Mine is changed to "Software Engineer II". Will this effect my green card process in anyway? Should I let my immigration team know that job title is changed and then it should be reflected in the GC application? Will having a "Sr" Engineer title is better than having a "Jr" title?
  12. Hi, I have worked on h1b visa for 3 years, and then moved to h4 status. Now, I am looking for a job again, however, for my new contract job, if I transfer my h1b visa to an LLC company which is registered only a month ago, can there be any negative consequences like visa not getting approved/transferred? How does USCIS sees h1 transfers to a new company, will it scrutinize more? also with the present situation of getting more rejections in h1 extension/transfer cases. Of course, all the other conditions are met like having real project, client letters etc. My question is more like, I should only transfer my visa to a well established consulting company? Not take risk to transfer to a company just opened?
  13. wisheme

    h1 to h4 then back to h1

    Thank you!
  14. wisheme

    h1 to h4 then back to h1

    Thanks for the info! and for the good wish. somebody really scared me!
  15. wisheme

    h1 to h4 then back to h1

    Hi, I worked on h1 for approx 3 years, upto Apr 2018, I left my job and changed my status to h4. However, I am looking for a job again now, want to know will there be any problems to change status from h4 back to h1? Since I have only worked for 3 years, will my other 3 years of h1 visa will be cap exempt? the new employer can easily transfer h1? Or is it like this: what ever period I have spent on h4, will also be counted against my h1? meaning, are my h1 cap exempt years are also getting expired along with h4? Kindly help.
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