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Posts posted by giri26

  1. 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. 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.



  3. 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. 

  4. On 1/24/2020 at 2:37 PM, shrikant92844 said:


    I am not staying in US and never had visa. My application of H1B is in "Revocation notice was sent". Can I use this for new LCA? Or I have to go from same lottery process again.

    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.

  5. 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.

  6. On 1/14/2020 at 9:11 PM, shrikant92844 said:

    I have changed my job in March 2019. Case status is changed to "Revocation notice was sent in Jan 2020. My new employer have not filled petition yet. Can my new employer file petition now?

    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.

  7. 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.

  8. 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. 

  9. 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.

  10. 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.