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giri26

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Everything posted by giri26

  1. giri26

    H4 stamping appointment <Employer change>

    As Joef already mentioned there is no employer dependency for h4 as I am assuming you work with EAD. The only thing matters is for the H1b holder to have a valid status at the time of your visa stamping. No need to wait for employer change as it does not matter for H4 stamping. If it is H1B then yes it does matter and it is better to wait for employer change and new I797.
  2. giri26

    Approved I-140 question

    Hello All, My I-140 was approved in April 2008 with a PD of September 2007. I worked on H1B until 2016 November. I quit my job and moved out of US during that time. Just wanted to know how long can I use the PD or the Approved I-140 if I decide to come to the US. I may or may not want to move back but just wanted to find out an answer to that question. Thanks.
  3. giri26

    Traveling on Day 1 CPT

    You do realise what you are doing is illegal right? No document can help you. You need to go to a real university and try not to bend the rules.
  4. giri26

    Visitor parent overstay issues

    The best way is to get in touch with the Indian embassy.
  5. giri26

    DHS doing home visit for AZTech

    Can't believe people still do such things. Why can't you stay away from shady practices? Joining these two companies to obtain OPT/employment is being investigated for sure. Always stay away from these scams. It is better to go back to your country than engaging in such frauds.
  6. As far as I know, if you haven't travelled or worked on H1B, you cannot extend that petition. Your best chance is to hope you get your visa or your employer needs to apply for a new petition.
  7. Run it past a good immigration lawyer. No one on the forum can advice something like this. When you are having troubles with the law on a non immigrant visa it is always good to have an immigration attorney work with your criminal attorney to make sure the right call is made.
  8. As Attorney_15 said you might land yourself in trouble in the future. Depending on whether you have the tourist visa already or not, you may have to either lie during the visa interview or at the POE. There is no way you will gain entry or get tourist visa if you say you are planning to convert to H1B while you are in the US. This will be misinterpreting facts and you might get into trouble in the future as you may receive an RFE to explain or might get asked during an interview. To avoid all this trouble, I would suggest you just stay back in India while the H1B is getting processed and get it stamped and go to the US on H1B. You aren't going to be able to work anyways till the H1B is approved even if you are on tourist visa in the US. There is no advantage to that and there is a good possibility that the USCIS may approve the H1B and not approve the COS, this would mean you will have to go back out to get the visa anyways.
  9. If you were never in US. None of that matters to you. You will have to file a new H1B with the new employer and would have to go through the lottery. You cannot use anything from the previous employer as you never worked on that H1B.
  10. giri26

    GC process on CPT

    If you have already completed Stem OPT, you might not be eligible for CPT and signing up for such a college might impact your H1b and GC processing. I would suggest you discuss your options with a good immigration attorney. USCIS has been cracking really hard on CPT misuse and you have a strong chance of getting an RFE on you H1B petition due to the CPT.
  11. You have to contact a immigration lawyer. You are stay in US is illegal if what you are saying is true. You cannot work for a new employer on an old employer petition. How does any H1B hiring company not know this? Contact a immigration law firm immediately.
  12. How did you change jobs without filing a H1B petition? I am really confused. If you changed your job in March 2019, how does it matter if your old employer revoked your old H1B. If you are working for your new employer without filing a H1, you are out of status and in deep trouble now. You cannot work for a new employer with old employers H1. I suggest you consult a good immigration lawyer.
  13. Stamping has nothing to do with your status in the US. The Old employer by law has to inform that you don't work for his organisation anymore. Him revoking the petition has no bearing on the H1B petition filed by your new employer. If you are asking about going for stamping, once you have left your old employer you can no longer use that petition for stamping, revoked or not. You need to wait for the H1B approval from your new employer.
  14. giri26

    H1B LLC Passive Investor Scenario

    You are planning invest a lot of money in this venture, why not involve a good immigration lawyer to make sure you are not violating any visa norms? Why rely on forum advice to make such a huge call?
  15. giri26

    H1B 6year clock reset

    No extending your current H1 will only give you reminder of the H1B time you have left now. If you want to get a fresh 6 year term, you would need to go through the lottery for H1B filed at least after a year of absence from US.
  16. giri26

    Domestic violence 273.5(A) and VISA revocation

    Get in touch with a lawyer immediately and involve an immigration attorney as well ASAP. This is a serious offence and can have immigration consequences. This is not the time to rely on forum advice.
  17. Talk to a immigration lawyer. This is not a clear cut case and you cannot rely on advice on a public forum. Murthy has a office in India as well.
  18. I140 cannot be ported. The new employer needs to start the process all over again. You can retain the priority date though. The big problem for you is the pay stubs. Without pay stubs it will be hard to prove that you are actually working. Your I140 isn't with this employer either. Just depositing money over the counter does not prove your status. Report your employer to the DOL. That's the only way to get around this. I strongly urge you to report such people as they need to be shut down. Can't believe people still work for such employers. Always learn and understand the law when you are in a country.
  19. I am very surprised that they would deny a petition without giving you an opportunity to provide additional information. Some information is missing in this for us to be able to provide any suggestions. @Noah Lott The problem is that that parents during that era in India did not care keeping a name for the child during birth which is the reason lots of the times the BC's were given without the name (Horrible by the corporations during that time) of the child and just the parents names. Nowadays it does not happen. Also I am very surprised how the OP was able to get GC without the name in the BC? What documentation evidence was provided when applying for the same? Like pontevecchio mentioned DNA test could have been done as well.
  20. giri26

    H1B RFE(Missing SOW)

    Talk to a immigration lawyer. This is complicated and I don't think anyone on this forum can guide you on this. Also you don't respond to RFE's ,it is your employer who should be doing it. I hope they are using a lawyer? Having multiple layers on H1B is not a good idea, it is very difficult to prove Employee-Employer relationship on such situations. Even if you are able to give them the contract, I still feel it is going to be difficult. I wish you the best but you would need to consult an immigration lawyer.
  21. giri26

    H1-B Renewal Background Checks

    Employment history and Criminal history are of interest to immigration. So if you have something on your record, it is better to discuss with your lawyer.
  22. giri26

    I-797B

    You need to leave the country immediately to get new I94. Your Change of status has not been approved.
  23. giri26

    H4 status after working on Green Card EAD

    I think you did not understand what @JoeF is saying. you can apply for H4 but as soon as you start working on your GC EAD, you H4 will be gone. You cannot be on H4 and keep working on your GC EAD. So if you want to remain on H4, you need to stop working. It is that simple.
  24. 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.
  25. 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.
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