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sindia

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About sindia

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  1. I have spent 10 years on my H1B and I have been in the current company for 4 years. I am an Indian citizen. There was a requirement at work to setup a QA team in an offsite location. I spoke to my manager, HR and attorney if they will be able to bring me back on L1A, EB1C route and they agreed. I moved to offsite location and started officially on the offsite country's payroll on June 17th 2019. I started with two reports, and hired 2 more. I will also be adding 4-indirect reports (currently on different team who work with me). So a total of 8. I do typical manager tasks of assigning tasks/tracking tasks, communicating with cross functional teams regarding status, project status to upper management. My H1B I-797 is valid until Jul 30 2020 and has been applied for extension. My H1B Visa is valid until Jul 20 2020. My 1 year in the foreign country will be complete on June 17th 2020. My boss has now asked me multiple times when I am going to come back and is now asking me to come back as soon as possible once the 1 year is over. He infact suggested have all paper work ready and just file for L1A right after the 1 year is complete. I for some reason "was" not very comfortable of the idea, as I thought at the time of a L1A consular interview, I may be asked why I stayed exactly for one 1 year. Now I am considering this as well based on your responses. I will be coming back as manager with a couple of US reports in addition to the existing 8 reports. My final goal is to make sure, I get my GC via EB1C. I have a priority date of June 2014 in EB2 and will be porting that when I do the EB1C. -> Is there any risk towards getting the EB1C GC, if I choose to come back right after I complete the 1 year? (Between June 18th 2020 - Jul 20 2020) on my H1B visa. This is assuming the borders get re-opened. The advantage I see is, I do not have to attend either an H1B interview or a L1A interview here in the foreign country. All I need to do is after coming to US file adjustment of status. Any Gotchas here? -> When I first left the US, I was thinking L1A is the better to visa to come back than H1B and also to stay a little more than 1 year , like 1 year 2 months (This is all myoverthinking to be safe). In the current scenario, both due to corona and political, does this even make sense? I am just subjecting myself to unnecessary hardship taking the L1A and 1 year 2 months duration? Your responses are sincerely appreciated.
  2. I am on H1b since Oct 2008 with approved I140 with priority date of May 2014. I have a masters degree from a top school in the US. I am primarily a developer / tech-leadish role in the US looking to move into management. I am currently employed with my company for 4 years. My Boss (who moved to India for good) is checking we with me to move to India for to setup(hire) , bringup and manage the team. In fact he wants me to move permanently there and take over things. I am considering the move, if I can apply for EB1C after being in India for a year. Of course I will let the boss know of my complete plan regarding this and that the move to India will be a temporary one. My wife works in the US (Masters degree holder) on H4-EAD. Her company is applying for her H1 this Apr 2019 and my understanding is her H1 will be valid starting Oct 2019. We are not looking for my wife to move, just me as I plan to come back to the US. I have the following questions and would be glad if you can provide answers: 1. Currently I am on US-payroll and a tech-leadish title. For the 1 year as executive-managerial role, can i stay as is or should I get on the India-payroll and a managerial title? 2. If I can stay on H1 itself and accumulate the 1 year time, will that affect my wife's ability to work in the US. I do not want to wait until Oct 2019 when my wife's H1 becomes active for me to move to India. I want to move in Feb 2019. 3. Given the current scenario where EB1's priority date is Dec 2016, Can I port my EB2 priority date (May 2014) to the EB1 later on? For this to happen, what should I keep in mind? Are there any issues here. 4. My current H1B expires in Nov 2020. If I start my managerial tenure in India from Feb 2019, then I will be eligible to apply for EB1C Feb 2020. Should I come to the US in March 2020 on a L1A visa or should I come in using my H1B visa and transfer it to L1A visa? On the other hand, If I start my managerial tenure in Oct 2019, I will be EB1C eligible in Oct 2020. Should I extend my H1B while I am in India. The Extension would require me to submit paystubs and I would have only Indian paystubs depending on answer to 1. Overall, I seek your help to for guiding me in the best path possible with my scenario. Appreciate in advance.
  3. sindia

    H4 EAD extension from new employer

    It is sad that big companies have these insane rules which puts employees under so much stress. Sorry Bro. You sure can change jobs and do not even have to wait for H1 approval for the H4 Ead application. Talk to the new company attorney and apply H4 application and H4 EAD application along with your H1B transfer application. If your H1B is under premium your spouse's H4 and EAD will "most likely" also be under premium.
  4. USCIS suspends premium processing of H1-B extension applications effective May 26th 2015 until July 27th 2015. The suspension comes at a very very bad time for me. My CA license expires on Nov 10th 2015. The USCIS rule does not let me file H1B extension until 6 months before expiration - effectively May 10th 2015. Me, and my attorneys were planning to file for extension in premium around June 10th. With the regular H1B process which takes approx 6 months, I am least certain that the H1B approval hard-copy will be with me on Nov 10th 2015 to go to the DMV. What should I do in this regard? (a) Is there an option to apply for H1b in regular and upgrade to premium on July 27th? (b) Should I wait till July 27th and apply in premium. © What if USCIS chooses to extend the suspension from July 27th 2015 to another 2 months..etc..
  5. I have an approved perm on March 6th 2015. Company will be applying for I-140 in premium mostly in 10 days (It is in final review stages). So I will get to know the result around May 15th (2 weeks time). But I may not have the approval on paper or infact I do not even know in what form factor will the actual approval be. I need to apply for EAD for my wife who is on H4 on May 26th. (a) Will the online/email approval be enough for proof or should I wait till I get the paper approval? (b) How long does it take between getting to know the result and receiving the approval in hand.
  6. sindia

    I-94 and Visa Expired but I-797B still valid

    I am in a similar situation. Since joshuaMiami has accrued illegal stay for 19 days and since his I-94 shows a past date, will he be deported when he goes and talks to US CBP or US CBP (Deferred Inspection site) ?
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