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Posts posted by giri26

  1. 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.

  2. 21 hours ago, Noah Lott said:

    an arranged marriage is a huge red flag....I concur with their decision...and no senator on planet Earth can change their decision. Senators are in the Legislative branch of our government, while the State Dept is in the Executive branch....no one from one part of the government is empowered to tell someone else in another branch what to do.

    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. 

  3. 6 hours ago, csit1260 said:

    Hello JoeF, 

    Thanks for the response. I didn't understand it clearly. Could you please explain it again. 

    Thank you 

    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.

  4. On 21/02/2018 at 6:30 AM, Pooja1 said:

    First time stamping on approved H1B I797 is recommended when employer has filed for amendment to include more work locations and job description changes and I have the receipt for the amendment but it is still under processing.

    I started this new role only  after amendment receipt was received.

    Is it okay for me to get stamping?

    You need to have the amendment approved before you can go for stamping. It is not advisable going for stamping without it.

  5. 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.

  6. 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. 

  7. 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.

  8. 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.

  9. 12 hours ago, srk24 said:

    Its perfectly legal for some one to be in Level 1 wage to perform higher tasks. Given the speed at which tech industry moves, for a person that worked in a technology for 2 years, would have to relearn something new every so often. Its presumptuous and irresponsible of you to come in and throw a loaded accusatory statement as "Fishy". Really hope moderators straighten you out.

    @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.

  10. On 13/05/2017 at 6:32 AM, JoeF said:

    The main consideration is the job requirement. You could have a PhD, of the job only requires a bachelor degree, the case would still be in EB3.

    In your case, because you didn't have 5 years progressive experience in the field (assuming the field is CS) after getting the bachelor, the job obviously doesn't require a Master's degree (you didn't have that when you got hired.) Hence, the GC can only be in EB3.

    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. 

  11. 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.



  12. 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.

  13. Hi 


    I am an F1 student here in US for the past 1 and a half year and have been offered a full time  job. I am still enrolled in college and my possible graduation is in Spring 2016. I applied for CPT from my college but am allowed to work only part time . I have discussed this with my International coordinator and she said that college only offers part time permission to international students for CPT. Is that the case? I have searched alot and found that CPT can be full time .Any information regarding that will be appreciated and if that is the case what are my other options to work full time? 

    Its a once in life time opportunity and I dont want to lose it . So any help and solution regarding the issue will be highly appreciated.




    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.

  14. @Giri26,


    While scheduling and paying fee on cgifederal.secure.force.com web site, what did you select under visa type (H1B or H4). When I am selecting H1B, I donot see my dependent (even though I have added them in the profile) and it says to pay amount equivalent to $190. Please reply and need your input to make an appointment for my family and myself.


    I am not sure @hapatel, my company booked the dates for me and paid the fees.