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Everything posted by rksingh

  1. Agreed. OP should stick to facts. ***It is unclear from OP's original post as to whether intent is to visit UK and come back to US or visit UK and proceed onwards to a third destination.
  2. There is no such requirement that you have a valid US visa to apply for a UK visa. The UK visa will be judged on its own merits. The only potential doubt in the UK's visa process could be that how would you as applicant return to the US to continue your employment (since the UK visa process usually asks for a copy of an itinerary). You may have to include some sort of explanation that you are going to apply for US Visa soon ie if there is even a provision to do so. ***Keep in mind, this may note even be an issue since you could simply say that you are en route to your home country via the UK hence there is no need for valid US Visa.
  3. When you come back after travel, you will get a new I94 that will most likely match your I797A date (some POE officers have been known to add 10 days extra past the I797 date). At most conservative estimate, you will have 40 days to either apply for extension or leave the US.
  4. rksingh

    Any issues on port of entry on DUI

    You should consult a competent immigration lawyer before you leave.....you may have noticed from current news that the current administration/ICE/BorderPatrol have been coming down very hard on on all aliens including GC holders for even minor convictions. DUI is usually considered a serious conviction.
  5. rksingh

    Am I eligible for H1B Cap Exempt

    Yes , you are cap exempt
  6. rksingh

    H1b Family Medical Leave

    Any reduced hours or leave of absence that is in compliance with FMLA will not affect your H1B status
  7. It means there was some change to your attorney (or to your authorized employer representative). Maybe the law firm that filed your case may have switched lawyers handling your case. You should confirm from your lawyer that the notice is not in error.
  8. rksingh

    H1B CAP Exempt Question?

    Yes you are cap-exempt....the limit is 6years combined L1 + H1. You can use the remainder of 60 minus 44 months to continue H1 employment.
  9. rksingh

    Illegible remittance

    Your lawyer (and/or petitioning employer) are the only people who can find out by reaching out to the USCIS. USCIS will not answer queries originating from you....this is an unfortunate truth.
  10. rksingh

    H1 B Cap Exemption

    I am not sure any mechanism exists to show when an employer has requested a H1B revocation. Regardless, we are not talking few weeks or months here....we are talking almost 10 years. The LCA itself that was the basis of your 2008 H1B has long since expired.
  11. rksingh

    Illegible remittance

    This is very unusual....and that too for computer generated check. Unless there was some typo on the check, the reason does sound fishy.
  12. rksingh

    H1 B Cap Exemption

    " Keep in mind that I never worked for Employer A who filed my H1B on 2008. "....This itself tells a lot. You were never in H1B status so you are not cap exempt. You will have to go thru lottery again. 1. No. Due to reason above 2. See above 3. No. You were approved in 2008 and never worked for them in H1 so they should have revoked the petition as required by law. 4. Any employer can sponsor you but you will have to go thru H1B lottery
  13. rksingh

    H1B Visa - Drop Box Stamping Eligibility

    You mentioned that your current visa foil is valid till Jan 2020 and you are travelling in Feb 2019....I hope you realize that there is no real need for you to go for a visa stamping from the consulate. You can still use the visa foil from your old employer for re-ntry as long as you also present your new I797 approval from new employer.
  14. rksingh

    H4 Travel to US

    Yes you can use the old visa stamp. Just make sure that you present your I797 Approval from company B also along with your passport to the Port-of-Entry officer when you come back. It is very important to not forget to do this. Also before leaving the counter, make sure that the officer has stamped your passport with validity up to the I797 validity date of Company B. ***It is also good practice to check your electronic I94 ASAP to ensure that the officer did indeed use the date of I797 of company B because the electronic record will be the official record.
  15. rksingh

    H4 visa, 221g

    Unfortunately the timeline for Administrative Processing varies wildly with no rhyme or reason....for H4s the general trend has been that processing is completed quickly in a few days but again no way to predict anything. For you daughter, you need to visit the FRO (Foreigner Registration Office) in your district and find out the procedure of extending her visa....but hopefully your H4 will get resolved well before 60 days....Good Luck!
  16. rksingh


    This answer can really only be answered correctly by the US Embassy in Auckland. Many embassies are known to limit their visa approvals to people who are normally resident in the country where the embassy is located...since you will only be a visitor in NZ, you may be treated differently. ***Obviously the US Embassies in Canada & Mexico are known exceptions to above general rule.
  17. rksingh

    6 extra hours

    Yes...as long as everyone else in the same/or similar positions is being treated same as you are.
  18. rksingh

    H1b-Visa Validity

    If you are asking about the actual H1B Visa stamp in your passport, then yes it is valid till the date that is shown on it....You do not need to go for a new stamping even if your employer in US has changed.
  19. It will definitely be a problem when traveling as it is considered a damaged passport....you can use TATKAL service to get a new passport. As for Visa, you should try to postpone it if possible till you get new passport....However, sometimes you may actually be approved for a visa but will then be told to submit a new passport for the actual visa foil to be affixed in your passport....rules vary by embassy so it is better to get clarification from the concerned consular post.
  20. you did not state your nationality....anyway assuming that you are EB3 beneficiary from India: the current date for EB3 is Mar 2009 and is moving very slowly...just few weeks every month. It may take a few years before it reaches Aug 2010. Seems that coming on H1B extension will be better for you.
  21. rksingh

    H1b Dropbox waiver eligibility

    Yes you should be eligible for drop box
  22. rksingh

    DS160: H4 Is Your Father in USA?

    Your answer should be "Yes".....and then a brief explanation like "working in US on H1B"
  23. Yes, it is OK to take a short break before you start with your new employer. Many people on H1 do it to get relocated, find housing, transfer kid's schools, etc etc There does not seem to be any clear guidance from USCIS on how long of break you can take but if you keep it as short as justifiably needed you are OK
  24. rksingh

    I-94 expired 9 months ago visa valid

    Unfortunately you are in a serious situation as you have been out of status for more that 180days...if you leave, you may get barred from re-entry. Visa stamp being valid till Dec-2019 will not give you any relief...it is the I-94 date that matters. You need to consult a good Immigration ASAP. Your case may qualify for a nunc pro tunc (See the article posted on 30-MAR-2012 on Murthy.com under the success stories) but only a qualified attorney can determine for sure.
  25. rksingh

    I94 Not Updated to Most Recent.

    It appears that you entered under the AVR hence you did not get a new I94. When reentering via land after a trip less than 30 days, the Port of Entry officer will assume you are entering under AVR unless YOU specifically ask for a new I94. Unfortunately your trip seems to have been in vain and you may have to repeat the trip.