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About stonecold_1981

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  1. You are right - both are different statuses ...and that it would be like comparing apples and oranges (from a immigration law perspective). That said, it still points to a flaw in the law when a citizen and most non immigrants (other than those on short term visa such as B1/2) can get their spouses to join them immediately but a LPR has to wait in the line. Even though this situation doesn't affect me (I am not a LPR), I do sympathize with people in such situations. I keep hoping that better sense prevails in the immigration reform debate (and the republicans, after the primaries, work for a constructive solution) but that's hoping for a lot, I guess.
  2. Unfortunately, H1B is the best bet (while waiting for F2A). But getting the H1B will not be easy - (have to find the employer first, and have them apply for H1 on 1st April...and even then she can join only in Oct of that year). Both F1 and B2 require non immigrant intent. It's interesting that H-1's can bring their dependents immediately but Permanent Residents have to wait for a while.
  3. stonecold_1981

    OPT for MBA (done 10 years after MS)

    You can't get another OPT for the same level of education (Masters). Also, even though you "used" only 6 months of your prior OPT, that's gone now. You cannot recapture "unused" OPT time.
  4. stonecold_1981

    Switching jobs after receiving I-140 approval

    Again, it doesn't matter whether or not employer A revokes I-140 (when you move to another company B). In either case, company B goes through the same process (Labor, PERM, I-140) again.The process is exactly the same as the first time, just that company B needs to do it again. Since you have plenty of time to hit your 6-year limit on H-1, there is no need for employer B to begin the GC process immediately or in the short term. Your will always be able to port your current PD. The key criteria, when you want need H-1B extensions beyond the 6th year, is: There should be an approved (non revoked) I-140 filed on your behalf (by any employer) OR in the absence of the above, PERM application applied on your behalf at least 1 year prior to the 6-year limit (i.e. before the end of the 5th year) If these conditions are met, your then employer (B) can file 7th year and beyond H-1B extensions on your behalf.
  5. stonecold_1981

    B-2 and F-1

    What's the date on her I-20? If it is on or before Aug 13th, the B2 visa is not required (i.e. doesn't matter if it gets cancelled), so long as she gets the F-1 stamp. On F-1, she is allowed to enter 1 month prior to the date on the I-20.
  6. If you enter before Aug 2014 (the date your visa expires), you don't need a new stamp. You can show the extension and most likely the new I-94 will be valid until Sept 2016. However, anytime you re-enter after Aug 2014 (irrespective of what your I-94 validity is), you will need a new visa stamp. Visa should be valid (non expired) when you are entering the country. I-94 should be valid (non expired) while you are in the country.
  7. stonecold_1981

    Can a H4 voluntarily work in research labs

    If the research lab is a government research organization or affiliated with a university, you should look into H-1B (cap exempt, non profit)...although, they may still need to pay you.
  8. 1. Emp B can start as soon as they want 2. That's wrong. New employer will need to go through the entire process (labor/perm, i-140, etc.). The only benefit in having a previously approved I-140 (doesn't matter whether or not it was revoked), is you can port your PD. 3. See above 4. Doesn't matter. The key benefit in having an approved I-140 (that has not been revoked) is that current/new employers can file H-1B extensions for you beyond 6 years. In your case, you already have benefited from this (with you current H-1B validity until Mar'2017). Also, if employer A no longer has the "future" job position for you, it would be inclined to revoke the petition. 5. Depends on the employer - they are not required to. 6. Doesn't matter. What is important is the job description and how it is priced in the market. So long as you are paid at or above this level, you are fine. Previous petitions are irrelevant 7. Do you want to?
  9. stonecold_1981

    I-140 application deadline

    the reason why "1 year before H-1B is about to expire" is important is - you can get 7th year and beyond extensions on H-1B only if one of the following two conditions are met: 1. PERM was filed at least 1 year before the end of 6 yrs on H-1B OR 2. I-140 was approved before the end of 6 yrs on H-1B In the absence of above, you have to exit the country (or transfer to another status) after 6 yrs max. on H-1B
  10. The position title for these purposes is irrelevant and can be the same across both H1B application and GC application. Job description, however, is important. If two positions (applications) have the same job duties (within the same org unit), logically, the job requirements should be the same. Further, USCIS doesn't just take the employer's word for the job requirements. If industry practices dictate a specific set of job requirements/qualifications for a particular set of job duties....and your employer deviates from these, they will need to prove the business necessity for different requirements. It's best to seek legal counsel on this.
  11. stonecold_1981

    Work in India on US Payroll?

    globalcitizen1, Regarding your last 2 questions, it is the company policies that are at play here. There are many instances of Indian citizens working on an expat package in India (after working in US/other locations). However, at the end of the day, your company's policies may prohibit this (so as not to incur the additional expense). Aside from this, there may be entity relationships (US-UAE-India) that would also impact the company's decision to allow you an expat package. It's best that you discuss all options with your Manager - just know that from an immigration standpoint, none of these will impact your PERM application (so long as the company doesn't decide to stop it) or your H-1B visa (this status is only valid/counted when you are in the US)
  12. stonecold_1981

    Applying GC directly from OPT.

    F1 (non immigrant visa) to H1 (non immigrant visa) => So there is no violation H1 (non immigrant visa but allows dual intent) to GC => So there is no violation F1 (non immigrant visa) to GC => violates the non immigrant intent. The situations above are different. Bear in mind, there are individual circumstances or nuances that might be in play so it's best to speak with a qualified attorney.
  13. stonecold_1981

    Switching jobs after receiving I-140 approval

    Broadly speaking, the answers are as follows (obviously, as Attorney_22 pointed out, there will be nuances for which you should speak with an attorney before taking any action): 1. As of now, there is a looooooooong wait. Per current visa bulletin, it would take 5+ yrs (PDs Nov 04 or earlier are current). Based on "predictions" found on blogs, etc, the expectation is dates will move forward to somewhere between 2008-09 by September this year. Beyond that, who knows! It really depends on the # of EB3 to EB2 upgrades for India. For now, these upgrades are at a higher rate than new visas available! 2. If you leave, your employer may revoke the I-140 (USCIS can't do this on its own). In any event, there is no such thing as a "transfer" of I-140. Your new employer will have to go through the entire process again (Recruitment-PERM-I140-etc.). The only thing you can do is "port" (or retain) your Priority Date. Remember, after 6 yrs on H-1B, you can get 3-yr extensions ONLY if there is a current approved (not revoked) I-140 filed on your behalf. If your employer revokes it, you cannot get H-1B extensions after 6 yrs.
  14. JoeF - this is not entirely true. Most often when a job description states "Masters and x years of work experience", the applicant needs to have x years of full time experience (after Bachelors). When the description states "x years of progressive experience" that is when a break for study (i.e. Masters) will nullify the initial experience. In fact, most employers I have seen will explicitly state "Masters + x years of post-MBA/Masters experience". If not spelled out in these ways, it is assumed that the applicant only needs the required degree and the required number of years of post-Bachelors work experience.
  15. stonecold_1981

    Modify DS-160

    1. All previous employment information 2. Just the current drivers license number