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Everything posted by Transformer

  1. Transformer

    L1 to H1

    Since OP's H1 is still pending, he can stay until a decision is made on H1, but he can't work until H1 approval or Oct 1st, whichever is later.
  2. Transformer

    Has Any one got H4 without H1 Amendment

    It is advisable to do the H1 amendment. You should have actually done when you changed the client. There is every chance that the consulate compares your I-129 with your current client location when your spouse goes for H4 stamping. If someone could able to get away or not is irrelavant. Follow your attorney's advice.
  3. That's not called as resigning. That applies only for your employer. Anyway, your H1B extension is applied based on the project with your current client. It's advisable to stick to that client until your extension is approved. Then if you want to change the client, file an amendment with the new client.
  4. Transformer

    L2--> H1B processing Questions

    If your husband H1B is already approved with COS effective Oct 1st, means his status is H1 from Oct 1st. He should stop working on L1 from Oct 1st and you should stop working on L2. You are no longer on L2.
  5. Transformer

    RFE Client letter ---Urgent Need Help

    What happened to your H1B. Were you able to reply to the RFE with new client letter and LCA? One of my friends is in the same situation.
  6. One of my friends has this situation: An American company (not a biggie - one with around 500 employees) applied for his H1 under 2103 quota, regular processing in May. He was never on H1 before but on L1 until Jan 2012 and moved to H4 (on his wife's H1). Due to some reasons the internal project got cancelled. His h1 is still under initial review. Now the company says they have another position with their client in different location (with start date in October) and they are going to file an amendment to the pending H1. Can Amendment be filed to a pending new H1? I am confused. I was under the impression that amendment can only be filed for approved H1. But his company says differently. Anyone in this situation before? Please advice.
  7. Transformer

    H4 to H1 query

    You are not clear with your question. You said you and your wife both have approved H1B under 2013 quota. I assume they both start at Oct 1st with valid i-94. She can't just move to H4 (by default) because she is doesn't have a job. Her status will be h1 from Oct 1st. If you want her to be H4, then you need to apply for her COS to H4 before Oct 1st. When she wants to move back to H1, she again needs to apply for COS to H1.
  8. Transformer

    6 year completion on H1

    Sometimes USCIS does make mistakes and it is the individual responsibility to make sure you stick to the rules (sounds crazy...but true). I had the similar situation, where my H1 petition was approved beyond 6 yrs (including the recaptured days) and I filed for extension (with approved 140) before the expiry of actual 6 yrs. Talk to your company's attorney.
  9. Transformer

    Travelling to India after H1-B Transfer

    1) Not required. 2) No 3) No, shouldn't be any issue 4) No. Lot of people travel in the same situation without going for stamping. I also did the ame last time.
  10. Transformer

    Green Card Process Help

    Murthy.com has all the information you are looking for. Go the green card section. There are number of other websites that explain the GC process in detail.
  11. Transformer

    Employer Threatening Action..Is he correct?

    You started with, Hypothetically..., so is this really happened or you fear that it is going to happen?
  12. Transformer

    I-140 applied in August 2011

    Receipt Notice Date: 8/26/2011 Center: Nebraska Type of Processing: Regular Category : EB2 ipb.global.registerReputation( 'rep_post_87316', { domLikeStripId: 'like_post_87316', app: 'forums', type: 'pid', typeid: '87316' }, parseInt('0') ); Approved on 11/1. Online staus updated to post decision. Yet to recieve the hard caopy approval. Took exactly 65 days.
  13. Transformer

    Salary change during PERM processing - Very Urgent

    PERM is for the future job. What you are getting now doesn't matter as long as your employer has the ability to pay the prevailing wage shown in PERM after the 485 approval. If your current salary goes up, that's always considered as +ve for GC processing.
  14. Transformer

    V Urgent - L1 to H1 with approved petition

    A word of caution - though you are cap counted, since you are currently on L1, you can't start working for B after transfer is applied. You HAVE to wait until H1 is approved. To be safe, resign from A after the H1 petition is approved with B.
  15. 1. What are the possible options I have to stay in the US? --Since you already applied for H1 (assuming, before expiry of your L1) you can stay in Us but can't work until H1 is approved. 2. Would I be able to claim 90 days I lost after rejection? --If your I-94 is still not expired 3. How many days we can stay in US after you getting rejected notice? --0 days. Leave immediately 4. After rejection, if I go back to India, when I can apply for new visa? -- Yes First thing I would suggest is to upgrade your H1 to premium. Actually you should have done this long back. Most important thing is DO NOT work until your H1 is approved (after the expiry of L1 I-94).
  16. Transformer

    Eligibility for filing I-140 in Premium?

    There is no requirement as such. You can apply for 140 in PP whenever you want.
  17. Yes, you can. The attorney of the new company will take care of this while applying for GC. Tell him you have a PD from previous employer. Long way to go buddy!!! First try to get your H1 and come to USA.
  18. Transformer

    EB2 (I) March 2008 Priority date

    Please let the senior members answer questions for people who REALLY need help. As you know, this is a hypothetical question and no one can give exact answer. All they can do is a speculation, which won't be of any use to you. Don't expect/force Senior members to answer to these types of questions ASAP. Nothing personal but let them help others.
  19. Transformer

    Only one year extension even though I-140 is approved

    You shouldn't be sad but happy that you got H1 more than the date in your client letter. 140 doesn't automatically makes you eligible for 3 yr extn, it all depends on your project. The MAX is 3 yrs.
  20. Transformer

    140 Approved and then Denied after a Year

    Wait for the letter to come from USCIS. Please update the forum with the details. Your next step will be only after recieving the letter. Keep your fingers crossed until then.
  21. Transformer

    Porting PD from Revoked I-140 : Is it Possible?

    If your earlier I-140 was not revoked for fruad, you can port your PD.
  22. Transformer

    How much time is available for filing I-485?

    VB dates are effective through out the month. In your example, the person can file 485 any time during the month of November. Since the dates retrogressed in December, he can't file 485 after December 1st till the PD becomes current again.
  23. Transformer

    FY 2011 Visa Distribution

    I believe there are no country quotas in VISAS unlike Green Cards. Which VISA category you are interested in and for what?
  24. Transformer

    L1 - H1 - no COS

    Ask your H1 sponsor to apply for H1B without COS. They can mention this in the H1 application.
  25. Transformer

    L1 to H1 COS while L1 travel is short and on per diem

    Is your current employer A, running your pay stubs in USA or India. Technically he should be running your pay stubs in USA as you are with L1 VISA, irrespective of the duration of stay. If you don't have pay stubs. most probably your H1B petition may be approved without COS. Consulat an attorney with your specific details.