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Everything posted by giri26

  1. As @pontevecchio said the word bench has no place anywhere. If you were on a personal leave for 6 months overseas, that's all you need to say in the interview. You are not expected to be paid when you are not working and not living in the US. That is self explanatory. Anyways you will be fine I guess.
  2. giri26

    I-140 Grace Period

    You have 60 day grace period and if your employer does not file the H1B before 29th June, you need to leave the country and enter with a new visa stamp or existing one (if it is valid) with the new I797. You have no other choice.
  3. giri26

    transfer H1 along with H4

    You are currently on H4 status so you cannot work on receipt. You need to get the H1B approved before you can start working. Since it is being filed under premium processing, it will be processed soon anyways, what is the hurry?
  4. giri26

    H1B transfer, pay stubs low salary

    File a report with DOL, your employer has to play you according to the LCA. He will be forced to clear the back wages as well.
  5. I am not an expert but what you have done will come back to bite you in the future. It is never a good idea to take this path. The best thing would have been to leave the country and come back on new H1B visa once the petition was approved.
  6. giri26

    H4 DUI

    Also involve an immigration attorney as well to make sure you are making the right calls. You don't want to accept some plea without understanding immigration consequences.
  7. Was a immigration lawyer involved in these proceedings? Did you have one? If you don't consult one to find out if this will impact your future immigration status. Without looking or understanding the case in its entirety, no one can say what will happen in the future.
  8. as @xTDx said hire both criminal and immigration attorney to look for options. Don't rely on advise on the forum as yours is a complicated case. Follow the advise of the attorneys. Make sure you have both immigration and criminal attorney for this one and have them work together.
  9. giri26

    H1B approved - options working at USA

    You cannot a H1B transfer without working for the original petitioner. This the Op's first H1B I presume, so he needs to fine a new cap-subject petition next year with a different employer. This H1 is now gone, there is nothing to transfer.
  10. Brother-in-law also can also mean unmarried brother of your wife.
  11. giri26

    H1B transfer

    If you quit your current job, you cannot show the I797 A from that employer at the port of entry, that will be fraud. Secondly you will not be able to enter USA with a receipt notice, you need an approved petition. If you travel to India, you will have to wait till you get your petition approved.
  12. I am sorry you will not be able to enter unless your petition is approved. If you decide to travel, you may be turned back at the POE. It is better to wait for the approval. This was a question you should have asked prior to the travel. Even though your plans might not have change, you could have set realistic expectation with the client.
  13. Your argument is baseless. You are in USA and people born there should get the first preference and rightfully so. Regarding the consulting companies, they are scrutinised a lot because they do not follow any rules. As an F1 student we come there to study with a hope of securing a job but there is no guarantee that everyone will land a job. All of us faced the same problem but genuine job still exist. I worked in the US was 12 years in a proper company before quitting and leaving last year. I came as a student as well. USC's and LPR's will always get the preference and they should get the preference, we being international students should not complain. We need to make sure we make genuine attempts to get a job with good employers and try to do everything legal, as long as we stay in that country. Shortcuts don't work, it used to but not anymore.
  14. Truth will be the correct answer. Tell them the truth and where you will be actually working, trying to fabricate a false statement will result in refusal and ban. If you are going to work at the client site, you need an amendment to be filed. Does not matter if it is in the same area or not. Work site address change means that you need to file for amendment. If you don't have an amendment, it is better to file that and attend stamping after it is approved.
  15. giri26

    Recieved EAD and AP

    You are on a immigration attorney's website. Get the number from the site and give them a call to discuss.
  16. giri26

    Travel back to US on proven not guilty

    You might well be taken for a second round of questioning at the POE. Better to keep all your paperwork handy with you and answer truthfully. Remember for future applications, always mention arrest records. Arrest records are never sealed for immigration purposes.
  17. Normally you would need to file extension of stay for your dependants along with your extension which will be a I-539 when they are in the US with you. If you haven't filed it and if their current I-94 has expired, they would be currently out of status. The fastest way would be to leave the country and come back on H4 visa after you get your I-797. It is always a good practice to file I-539 along with your I-129 as it is easier that way.
  18. They can but they would need the copy of your approved H1B petition. Like Joef suggested better to go for premium processing.
  19. It is better not to travel with the Amendment not approved. You have a high chance of getting 221G and getting stuck. It is better not to travel without the amendment approval or if you have to travel, it is better to wait till you get the approval before appearing for the Visa interview.
  20. In short no. Wait for your amendment approval before travel.
  21. giri26

    eb5 green card

    You are posting on one of the very good immigration lawyers forum. Their contact details are available on this page at the top.
  22. You can only stay for 240 days after your I94 expiry while your extension is in progress. If you are still waiting for a decision, better to convert your application to PP and leave the country and come back with VISA.
  23. giri26

    Travel on H4 visa with visa expring soon

    He means ask her to only show the extension petition and not the one expiring in May. She will have her I94 till the expiry of your petition which will be 2021.
  24. To be frank it is not advisable to travel while amendment petition is in progress. I remember when my amendment was in process my employer simply denied permission for me to travel until the petition was approved. Mine was applied in premium though and got approval within 14 days. I used drop box and got the approval in 3-4 days. So it is better to always carry your latest petition for H1B stamping. You probably have to now wait for your amendment to get approved.
  25. giri26

    H4-EAD Travel

    H4 EAD is not a status, H4 is. If you have a valid H4 visa on your passport you should be able to get back with that. If you don't you need to apply for a visa at the consulate and get it stamped and travel back. You did not say what sort of EAD you hold. If it is through the AOS then you need to have the AP but if it is H4 EAD, then you need the visa.