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Everything posted by giri26

  1. giri26

    Maximum amount in cash from USA to India

    Best thing to do is transfer the money to an Indian bank via an online money transfer before leaving and just carry enough cash to cover you during travel.
  2. giri26

    Visa extensions after 6th year

    I140 does not have a start or the end date. I am thinking you are talking about the H1B petition. If you are asking us whether you will get your visa or not, then no one here can answer that question. It depends on lots of factors like the company you are working for, the documentation, if you are FTE or working in layers etc. Also there is no guarantee that the visa processing will be completed within 4 weeks. If all your paperwork is in order and you are working for a good organisation then you should have no issues. Even then we cannot predict the visa processing timelines. You need to be prepared for any delays and inform your employer in advance.
  3. giri26

    F2 rejection

    Are you really saying this? when 70% of Indian marriages are still arranged? So US immigration now decides how people coming to their country should get married? Why are they worried about that anyways? 90% of people who are in US from India have arranged marriages, why weren't they rejected for H4's and F2's? The biggest reason for rejection is that his wife tried for F1 visa 5 times before and got rejected. Probably due to the quality of the colleges she applied to which probably raised a red flag. That is more likely the reason for the rejection and not the arranged marriage.
  4. giri26

    Expired H1B. Will it be CAP Exempt?

    That means that you were not cap counted and your new employer would need to file a new H1B petition this April. You cannot transfer or extend the application for which you were refused visa, since you never worked on H1 before, you were never in that status.
  5. giri26

    H1B Stamping

    You need to have the amendment approved before you can go for stamping. It is not advisable going for stamping without it.
  6. You will need to file an amendment for the client change. You will get stuck if you go for stamping without it. LCA alone wouldn't suffice. It does not matter if it is the next building, different client means you need to file an amendment. 1. Yes 2. Your employer is wrong 3. No, you cannot go for stamping with the old client LCA or Petition as you don't work there anymore. 4. You will not get visa if you travel with your old petition and will most likely be stuck in admin processing. Please check with an immigration lawyer before taking such decisions.
  7. giri26

    H4 fresh application

    In some cases Labor+I140 can take over a year. The only good thing though is that you can file I140 in premium after the labor is approved. Once you have an approved I140, you need to apply for EAD which will take about 90 days. You are looking at at least a year and a half before you can start applying for jobs. The quicker option would be though to find a good employer and get your own H1B visa.
  8. If you have filed for an amendment, it is better for you to wait till the amendment to be approved before you go for the stamping. You might get stuck with 221G requesting for amended petition if you go without it. Also it is not advisable to travel outside the country when a petition is pending approval with USCIS.
  9. You need to tell us the purpose of your trip. If you are just planning a vacation then if you have a valid visa you should be good to go to Mexico. If you don't and you are planning for visa stamping then you would need to apply for tourist visa and it took me 2 days when I applied few days ago. I went and applied in person, mailing the application might take longer. Canada Visitor visa took me about a month online but this was 4 years ago. Now things might have quickened up but cannot comment on the timelines.
  10. Higher tax cuts can mean anything. The location, the deductions you are claiming on your W4. Please compare the deductions on your W4 from this employer to the previous one and see what the difference is. If every thing is the same, then you need to consult a tax lawyer as mentioned by Joe. Do some research to understand what could be different first. Taxes are not cut according to our anticipation, it is cut based on the deductions we are claiming.
  11. giri26

    H1B RFE for level 1 wage

    @srk24 not it is not perfectly legal to be on level 1 wage. The reason why USA wants to scrutinise these level 1 wages is because they do not want to dilute the job market for American workers. If your employer is paying you above level 2 or 3 wage, he should be filing an LCA for that. Level 1 wage is for freshers, people who are required to do repetitive work with supervision, something like level 1 support in an organisation who would receive calls, log tickets and solve some known issues using KI's etc. H1B is a speciality occupation, if you are required to learn a new technology on level 1 wage, why can't a local worker do the same? That exactly will be the question from the labour department and it is perfectly valid.
  12. No you cannot do that. Your daughter needs to be outside the country to apply for a visa. If she is in the US, she cannot apply for visa.
  13. giri26

    LCA and amendment.

    You need to file amendment for client changes. There is no confusion, a client change needs an H1B amendment. I would get it done before travelling to India.
  14. giri26

    EB2 filing criteria

    This almost never happens JoeF. Most of the consulting firms tweak the job profile and get people into EB2 category. I know it first hand as I have seen people who applied for EB2 when I was working and the job did not need masters degree. The supposed advantage of working for a smaller company who can project their employee role as anything they want and it does not even need to match what the person is doing at the client place. I worked for a big organisation, followed all the rules, Studied in a good college, waited patiently for 10 years and finally gave up and resigned my job and left USA for good.
  15. giri26

    Fresh F1 VISA to H1 typical I-94 case

    You most probably will not be able to get back to USA on F1 visa as you have a H1B petition. Your F1 might be cancelled. Why would you want to come back on F1 visa if your intent is not to study anyways?
  16. The short answer is "No". Since you no longer work for that client, you cannot submit that petition for stamping. I would suggest you to at least wait till your amendment is approved. You just need the copy of the approval.
  17. Hello all, I am planning to go to Canada for stamping later this year and would like to know if we need to provide them with the Itinerary or Visa appointment with US letter to the canadian consulate to get the travel visa. Please let me know as I am planning to submit my documents in April. I am not sure when I am going to travel to Canada so would not be able to provide any specific dates to the canadian embassy. Thanks.
  18. Hello All, We are expecting our first child and the child will be born in India. Both my wife and I don't have any address proof for India (PAN, Aadhar etc..) as I have never worked in India. I have been living in the US for 13 years now and my passport shows my US address and same for my wife who has been here for 7 years (We both renewed our passport here). How difficult and long is it for us to get passport for the new born. Also I will be traveling to India for my child's birth and want to get everything done while I am there, including the visa, do you think that can be done? I am on H1B and my wife on H4, so we need to apply for H4 visa for the child. I will really appreciate some help on this from someone who knows the process in India. I had applied for passport 15 years ago and have no clue how it works now in India. Thanks.
  19. giri26

    Passport for Baby in India

    Thanks @cap-gap, I will try and get in touch with some agents.
  20. giri26

    F1 to H4 EAD advise

    The COS takes 3 months and the EAD will only be process after your H4 is approved.So the timeline can be anywhere between 3 months to 6 months. The best bet is to leave the country and come back with H4 visa stamped and applying for EAD once you get back. That is the easiest and fastest way.
  21. giri26

    Employment options as F1 student

    You cannot work full time on F1 visa. F1 visa is for full time studies and not for full time work. Please take the advice of your DSO and don't try to cut corners as it will end your immigration hopes in the US.
  22. Yes if you are going for a visa stamping you need a Mexican visa.
  23. I recently attended Visa interview in Delhi and got my visa. The interview was very simple and I was not asked any documents except for the I797. Both my wife and I got our visas and the interview lasted only for a minute. I work for the same company for 10 years and for the same client for the last 7 years. I work in E-C model. Below were the question asked: 1. New H1B or renewal? 2. What is your role? 3. How long are you working with your employer? 4. Who is your client? 5. The the VO asked my wife about her qualification. 6. where did you do your masters and what was your major? Thats all I was asked. This is the first time I attended my interview in Delhi. Lots of tourist visas were getting rejected. I did not see too many H1B's along with me. Just saw a few H4's. Please let me know if you have any questions. I will be glad to help.