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L2EADGC

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About L2EADGC

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  1. L2EADGC

    H1B Amendments

    Hi, I'm working for a client in particular state and city for the past 7 years on H1B and we may need to move out of that city/state to a different City/State because of my husband's job and my client agreed for me to do remote work . Do we still need to file H1B Amendment , even if its the same client, same job duties and also my payroll will still be generated at my old city/state as i'm still working their. Please advice ?
  2. L2EADGC

    Maintaining Status While H-1B Petition is Pending

    Hi Attorney, we are in critical situation. My wife's H1B extension has been denied, She is working for the same employer and same state client since last 7 years. Her extension has been denied and Her current I94 already expired. Her employer filed a new H1B as CP and we got a RFE last week for speciality occupation, Attorney is working on the RFE. She is not working now, but she is still here. With the new H1B receipt number, Is she back in status ? What options do we have now ? Will it be an issue in the future for her visa and at port of entry ? Please advice.
  3. Can we book a visa appointment with my receipt number ? I'm sure I129 will be approved in the next 2 weeks. I just want to try this as its getting difficult to get the visa dates and i need to travel to India in July and come back.
  4. L2EADGC

    H1B CAB Exempt Option

    Thanks Jairichi , I spoke to attorney and I'm good.
  5. L2EADGC

    H1B CAB Exempt Option

    Hello Guys, Stop scaring people . I had a lengthy discussion with the attorney and I'm good with my case. My suggestion to the folks in this forum is not to get carried away by seniors in this forum, instead get a expert attorney opinion.
  6. L2EADGC

    H1B CAB Exempt Option

    OK, Thanks for the info ! You are scaring me :)- I have scheduled a consulation with the attorney and will get back . I don't understand why will it be my problem when USCIS approves something that's not my fault. I provided all the information , they had a RFE then afer providing relevant documents they approved the case, all they asked was my complete passport and I provided it, which was later approved .
  7. L2EADGC

    H-1B Cap Exemption Issues

    Hi Attorney, I fall under this above category that you mentioned. I have completed 7 Years on my L1A by May 2012 and went back to my home country in May 2012 and returned as a dependent to my spouse on H4 in August 2013. I got my old H1B petition approved from 2006 , recently I got a job and my employer/attorney filed my H1B as Cap Exempt using my old H1B and it was approved . Do you think I will have any issues in the future ? or will it be revoked at a later time ? What are the consequences that I may have ? Please suggest ?
  8. L2EADGC

    H1B CAB Exempt Option

    JoeF : That was the reason I said its one grey area, I was of the same opinion as you, but my attorney was confident that its cap exempt as long as I was out of country for 365 days. I even got an RFE for the same and asked for my arrival and departure dates and whole copy of my passport and also my tax returns for previous years. Once I submitted them my H1B was approved. How can you say, it was approved in error ? Do you know of any previous cases where H1B was revoked after it was approved ?
  9. L2EADGC

    H1b Extension/New H1b Quota

    Any employer can file ur case as CAP Exempt.
  10. L2EADGC

    2006 H1B CAP Exempt Approved

    Yes, it was. The question is whether its premium or not, its more about if we can use a petition that was more than 6 years old as cap exempt and if we were on L1A during those 6 years can we still use the petition after staying out of the country for 365 days and i think we can. This is one grey area and i don't think anyone has a correct answer.
  11. L2EADGC

    H1B CAB Exempt Option

    You will atleast get the remainder period of your intital H1B . As you are out of country for more than 365 days you may get fresh 6 years, this is one grey area, I don't think anyone has a perfect 100% answer here. Here is my own case. 1) I was in USA on L1 for 7 years from 2004 to 2012 with 3 1-2 months vacations. 2) I had a old H1B petition approved in 2006, which i never used. 3) Last week i got my H1B approved as a CAP Exempt case. From what i heard from this forum and others, I'm not eligible for cap exempt as i had exhausted 7 years on L1, but my attorney told me i'm cap exempt as long as we have one approved H1B and out of country for more than an year. So this is one grey area.
  12. Hello, My H1B has been approved as CAP Exempt . 1) Came to USA on L1A in July 2004. 2) Went back to India in May 2006. 3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status. 4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012. 5) Exhausted 7 years period on L1 status. 6) Stayed in India from May 2012 to August 2013. 7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse. 8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006. 9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates. 10) For recapture dates they asked me to send my passport all pages and last years tax return documents. 11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014. 12) H1B has been approved on 5th Feb 2014. From all this I feel as long as we have one approved H1B petition and no matter when it was filed , we are eligible for CAP Exempt. Note :- My H1B COS has been filed by a very good attorney. Thanks everyone on this forum for sharing useful information.
  13. L2EADGC

    H-1B Cap Issues

    Hello, My H1B has been approved as CAP Exempt . 1) Came to USA on L1A in July 2004. 2) Went back to India in May 2006. 3) Got H1B petition approved through a different employer in Septermber 2006, but this H1 was never used and I was never on H1B status. 4) Came back to US on L1 in November 2006 and stayed on L1B and L1A visa till May 2012. 5) Exhausted 7 years period on L1 status. 6) Stayed in India from May 2012 to August 2013 for more than 365 days. 7) Returned back to USA in August 2013 on H4 visa as a dependent to my spouse. 8) Filed for a cap-exempt H1B in January 2014 using my old H1B that was approved in 2006. 9) Got an RFE on Employee-Employer relationship , Dependent Status and Recapture dates. 10) For recapture dates they asked me to send my passport all pages and last years tax return documents. 11) RFE was responded on 31st Jan 2014, documents reached USCIS on 3rd Feb 2014. 12) H1B has been approved on 5th Feb 2014. Thanks everyone on this forum for sharing useful information.
  14. Hello Attorneys and Seniors, Based on the below information provided by USCIS, it doesn't mention that H1B and L1 periods are coupled. Here is what it says "the “remainder” period of the initial six-year admission period refers to the full six-year period of admission minus the period of time that the alien previously spent in the United States in valid H-1B status" . It doesn't talk about time spent in united states in valid H1B or L1 status. My question is if a person is in L1 status during those 6 years, will he still be eligible for H1B ? and can you direct me to any link or document that says H1B and L1 periods are counted ? Specifically, the “remainder” period of the initial six-year admission period refers to the full six-year period of admission minus the period of time that the alien previously spent in the United States in valid H-1B status. For example, an alien who spent five years in the United States in H-1B status (from January 1, 1999 - December 31, 2004), and then remained outside the United States for all of 2005, could seek to be admitted in January 2006 for the “remainder” of the initial six-year period, i.e. a total of one year. If the alien was previously counted toward the H-1B numerical limitations in relation to the time that has accrued against the six-year maximum period of admission, the alien would not be subject to the H-1B cap. If the alien was not previously counted against the H-1B numerical limitations (i.e. because cap-exempt), the alien will be counted against the H-1B cap unless he or she is eligible for another exemption. Thanks
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