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Tust326

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Everything posted by Tust326

  1. Thank you User099
  2. Hello Everyone. I am on H1B extension based on I-140 approval and my current H1 expires October 2020. I have a Canadian PR and had moved to Canada in November 2018 and was working for my US employer remotely from Canada. I moved to the US in November 2019, as work was getting busy and my employer asked me to come back and work from the US office. I have two situations going on as follows: A) I have to live in Canada for another year to meet Canadian Permanent Residency (PR) obligation (2 years obligation). If I have to meet Canadian PR obligation, I need to move back to Canada by June 2020, else I will loose my PR. B) Regarding H1B, my previous year's salary are less than the prevailing wages (from LCA). I have heard of cases where USCIS are questioning candidates regarding the salary being less than the prevailing wages. USCIS is sending out RFE or rejecting renewal. I have questions and seek for some advice as follows: 1) I am sure with the current administration I would get RFE. What's the likelihood of me getting H1B extension and are their any measures to mitigate any anticipated issues. 2) Would USCIS question why I was living outside of US and working on H1B and, would this be an issue. 3) If I continue to stay in the US beyond June 2020, I would loose my Canadian PR and in case if my H1B gets denied, l will end up loosing both my Canadian PR and H1B. Is it a good idea to give up my Canadian PR for H1B. I would appreciate any advice and thanks for your time. Regards,
  3. Hello All, My current H1b is based on the I-140 approval. Expiration date Sep 2020. I have a Canadian PR and want to move there and see how things works out. My question is if things do not work out so well and I decide to move back to the USA within my H1B expiration date, can I do that. Can I come back based on my H1b validity, or should I have to apply as a new applicant. Is it recommended to move to Canada when I do not have any job lined up and have a solid job in the USA. I am doing this for peace of mind, spouse employment and career change, which is not possible in the USA while on H1b. Thank you for your response and any suggestions.
  4. Hello, I have a question about one question on the DS-160 form: "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" Yes/No. If Yes, explain. Let me explain my situation: - I am on H1B visa. - I got layed off from my previous job on July 05 2017 - My last paystub (severance pay) was August 04 2017. - Found employer and filed for petition October 23 2017 - Received RFE asking more evidence to determine if I was maintaining status. - No further evidence was provided apart from explanation and already submitted paystub. (lawyer did not want to submit the termination letter) - USCIS officer bought it and approved petition with I-94. I guess he assumed I was employed until August 04 2017 although I was terminated on July 05. - Counting from July 05 (minus 60 days grace period) to October 23, I was out of status approximately one and a half month. - Counting from August 04 (minus 60 days grace period) to October 23, I was out of status approximately 2 weeks. So to the question above on the DS-160 form, what would be an appropriate answer (Yes or No) and no sure what to explain if I say Yes. Any help would be appreciated. I am currently here in India for the visa stamping. Thank you for you time.
  5. Hello I am currently out of status (past 60 days grace period) and I-94 expires Feb 04 2018. Found a new employer and hopefully will send application package to uscis next week. With the current process time its taking around 5-6 months. Following are my questions: 1. Can I stay past my I-94 expiration date while the H1b transfer is in process? 2. Since I am out of status, could there be an administrative process when I go for visa stamping? 3. For my wife's H4, i was going to send the package myself instead of going thru the lawyer to save some money. I know I have to wait until I get the H1B receipt number to fill out the H4 (I-539) form. Since we are out of status, is it require to send the H4 package along with the H1B package? I appreciate for your time. Thank you
  6. Hello I am on my 9th year H1B, based on I-140 approval. Got laid off and I am past the 60 days grace period and 1 and ½ months out of status. I found and a new employer who has started the transfer process. I am couple of questions: 1. What are my chances of getting a H1B transfer since I am 1 and ½ months out of status. What kind of a problem will I face? 2. Has the premium process resumed? 3. My wife’s (on H4) and my I-94 expires February 04 2018. In case if my H1 gets approved before my I-94 expiration, I have to leave the country immediately and get visa stamped. So I was wondering instead of applying extension for my wife while we are here, can I get extension and visa stamped at the consulate. By that way I can save some money. Its like getting a H4 visa for the first time. Hope I made the point clear. I appreciate any response. Thank you
  7. Hello I got laid off July 05 2017 and my 60 days grace period ends 3rd of September. I have couple of questions: 1. What is the latest date I need to find an employer and file for a H1B transfer in order to avoid leaving the country? I assume the LCA takes around 1 week. Can I continue to stay as soon as I apply for LCA or H1b transfer? 2. In case if I decide to overstay 1 or 2 months after the grace period, just to give it a last try or to settle things, what's the worst that could happen? I know couple of my friends did that and had no problems. Some stayed for at least 4-5 months. 3. If I find an employer after the 60 days grace period and file for H1b transfer, while I am still staying in the country, what kind of problems would there be? Is there anything else I should know given my situation? I would appreciate any feedback. Thank you
  8. Hello. I am in a dire situation and hoping some one can provide helpful information. My 60 days grace period ends September/ 03 /2017. I found a new employer and by the time LCA is approved and I-129 is sent out I will be out of status. My I-94 is valid until February 2018. My question is, Can I start work right after I-129 is sent out. My lawyer says I can, but I am getting different answers from different sources. I appreciate any response. Thank you
  9. Hello. I am in a dire situation and hoping some one can provide helpful information. My 60 days grace period ends September/ 03 /2017. I found a new employer and by the time LCA is approved and I-129 is sent out I will be out of status. My I-94 is valid until February 2018. My question is, Can I start work right after I-129 is sent out. My lawyer says I can, but I am getting different answers from different sources. I appreciate any response. Thank you
  10. Hello I got laid off July 05 2017 and my 60 days grace period ends 3rd of September. I have couple of questions: 1. What is the latest date I need to find an employer and file for a H1B transfer in order to avoid leaving the country? I assume the LCA takes around 1 week. Can I continue to stay as soon as I apply for LCA or H1b transfer? 2. In case if I decide to overstay 1 or 2 months after the grace period, just to give it a last try or to settle things, what's the worst that could happen? I know couple of my friends did that and had no problems. Some stayed for at least 4-5 months. 3. If I find an employer after the 60 days grace period and file for H1b transfer, while I am still staying in the country, what kind of problems would there be? Is there anything else I should know given my situation? I would appreciate any feedback. Thank you
  11. Tust326

    Grace Period

    Hello, 1. I lost my job on July 05 2017 and I am on H1B extension (beyond 6 years) based on my I-140 approval. My employer provided me a 2 weeks pay severance package. My visa expired end of February 2017, but my I-94 is valid until end of February 2018. How long do I have, to find another job before I am required to leave the country? 2. In case if I cannot find a job on time, can I change to other visa (like tourist visa) to either extend my job search or to sell all my stuff for departure. 3. My wife (on H4 visa) has a EAD (based on approved I-140 and valid until end of February 2018) and is currently employed. How long can she work? I greatly appreciate any response as I am not sure how critical is my time. Thank you
  12. Tust326

    Grace Period

    Thank you.
  13. Hello All My visa stamp has old employer and is valid until 2017. I have the approved I-797 from the new employer valid until 2018. I am traveling to India and was wondering if I need to get stamping to reflect my new employer, or its not necessary? I appreciate your response. Thank you
  14. Hello All I got a new job and the company has started the H1 transfer process. They are insisting if I can start before the H1 transfer is complete. I was wondering if it is safe to do that? What kind of problem would there be if there is any Thanks for your response.
  15. The company that I am joining is an international company and they are appllying thru premium. I guess I can wait until it get's approved. Thanks all of you for your opinions.
  16. Hello All My I-140 got approved with my current employer and I am on my 7th year of my H1B visa. Now I got a job at another company and need to transfer my H1B visa. The question I have is, when do I need to put in a 15 day notice? Apply for a H1B transfer first and notify my current employer at the end of 15 days of the transfer process. OR Notify my current employer and then apply for a transfer? I know if I notify my current employer that I am changing company and if they notify USCIS to cancel my green card process, I will lose my H1B status. Also after I transfer my H1B to the new company and they are yet to file for a green card, if my current company cancels my green card process, will I lose my H1B status? Thank you for your input
  17. Hello All, My h1b expires Feb 01 2014 and PERM pending. Not sure if perm gets cleared before my h1b expires. I am planning on extending my stay on B2 (traveller visa) after my h1 expires. With the PERM pending, not sure if applying B2 is a good idea. What do you guys recommend? Can we apply B2 visa from USA. Do we need to go outside the USA for the interview? Thank you all for any suggestions.
  18. Hello all My perm is certified. H1b expires. Have applied for I-140. My question; After my I-140 gets approved, do we still need to apply for LCA for 7th year H1b extension even after perm approval? Thank you
  19. Hello All I am awaiting for my I-140 approval which was applied on premium processing. My H1b has expired and am having my H1B extension papers ready. I was wondering if we need to apply for LCA for the H1b extension? My Perm has already been certified. Thank you
  20. Thanks for the response. I probably did not explain clearly. - I extended my H1b (captured vacations) for 4 months from Oct 2013 to Jan 2014 - My perm was approved on 3rd week of January. - I-140 was applied on premium processing before I left the country. - After I-140 gets approved, I need to apply for H1B extension. So my question is; I had recently extended H1B and my perm is approved, so do I need to apply for LCA again for my H1B extension? Thank you
  21. Hello All My PERM was applied 03 June 2013 and DOL is currently processing April applications. My H1 expires 01 Feb 2014. I am assuming my perm results might be out any time soon. Couple of questions based on different scenario: Scenario 1 – In case my PERM gets approved and I-140(premium) gets approved and I apply immediately for H1 extension, can I stay here and continue to work while I am waiting for my H1 approval. As per the law if you apply for an extension, we can stay legally. I do not know if that applies in my case. Scenario 2- If my perm gets approved after my H1 expires; I am not my company employee any more. (Say I am outside the country) Can my employer still peruse with the process because I am out of status and not an employee any more? Do we need paystubs, which I would not have at that time, to be submitted with the I-140 and the H1B extension? Scenario 3 – My H1 expires and I apply for a change of status to B2 (tourist). My I-140 gets approved and I need to apply for a H1 extension. My H1 extension application would overlap with the B2 application. Would that cause a problem? Is applying for B2 visa a good idea? Thank you all for your answers and suggestions..
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