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Everything posted by wiweq

  1. One of the category for EB1 GC is ‘Published Scholarly Articles by You’:(vi) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media;My background is 14 years USA experience in Open Source Database Admin/architect experience. I am planning to write some of the articles in my field/experience.Can you please suggest me some names of major publications/ reputed magazines or other major media to publish my articles so that it would helpful for my EB1 path?Thanks.
  2. wiweq

    vendor not paying - 2 weeks

    He needs to be paid properly as per LCA prevailing wage. If employer doesn't pay, file WH4.
  3. If you leave US while H1b petition is in process, the H1b petition will be nullified. H1b transfer is nothing but H1b extension with different employer. At the time of H1b extension, if they don't find you in US, they don't find anything to extend the H1b transfer nullifies. This holds true for any kind of COS, extensions.
  4. wiweq

    How late into H1b tenure can i initiate GC?

    You should have GC initiated at least before 18 months before end of 6 years H1b quota. More delay means more chances of leaving US after 6 years quota. This 6 years quota includes the 'out of US' days too in 6 years.
  5. Hi, This query is for my wife. She dropped H1b stamping documents via dropbox in US embassy Delhi and then received passport with 221g asking to "appear for interview". She appeared for interview and visa officer said that your visa is approved. Its been 1 week from interview and the CEAC online passport status says "Admin Processing". We have return flight scheduled this Friday. Wanted to know some suggestions of insights about timeline from experienced or experts. How much time it takes in general for the similar case?
  6. wiweq

    Dropbox followed up by 221g

    Thanks for replies. Finally, my wife and I returned back to US yesterday. On 8th day of interview, the ceac case status changed from 'admin processing' to 'issued'. While the 'passport status' was still showing 'ready to deliver', called the VFS guys and asked for bluedart tracking number. At 3:00pm tracked that the passport was reached at bluedart location at 2pm. Went to bluedart location and received the PP with proper visa, just a day ago scheduled return flight.
  7. wiweq

    Concurrent H1B

    All H1bs are independent. You can have multiple H1b petitions approved at a time. Its legal. No need to inform other employers. Just make sure your current employer might has a clause that you cannot work for any other company at the same time as they are paying for those hrs. Again, its not related to immigration laws. Its comes under general Labor Laws.
  8. Your new H1b documents should reach USCIS within 60 days of termination date. Else, you need to leave US or file COS to another visa status such as F2/H4. Also, being laid off on H1b, you are entitled to get one person- one way air ticket to home country. This is apart from Severance Package.
  9. wiweq

    Am I under cap-exempt?

    You are eligible for cap exempted H1b with these two options: 1. H1b for (6 years - time spent on H1b in US). 2. Up to 3 years of H1b extension based on I140 if I140 is still active.
  10. "I want to know if I'm allowed to take up any commission based part-time jobs in addition to my existing full-time job." This part time job should be authorized by H1b too.
  11. As suggested multiple time, you shouldn't resign till next H1b is completely approve. Let them file in regular processing and wait for months for approval. Meanwhile find a better employer and tell the other employer that "things have been changed meanwhile".
  12. wiweq

    H1B apply 2 times

    Yes, another employer can file new H1b for him next year.
  13. There is nothing called H1b transfer. If you already have counted towards quota, new employer can file cap exempted H1b for you no matter where in world you are.
  14. Get H4 with his current H1b employer. Better to wait till his current is approved completely. Do it in PP.
  15. wiweq

    H1B Withdrawal

    You cannot transfer your first H1b before Oct 1st. If you do, your granted H1b will be nullified and you need to participate in random selection again next time (if happens).
  16. wiweq

    Applying H4 with spouse Perm approved

    Yes, you will be eligible after March 2016 based on 7th year extension. To get EAD before March 2016, she should have I140 approved.
  17. wiweq

    F1 to H4 COS

    1. Because you applied before current valid status expiry, you are good. 2. Though you can file together, it will be processed sequentially (as seen in recent H4 EAD cases)
  18. wiweq

    H1b will be Revoked but have a Fulltime offer

    Go with ZZZ. Most likely you extension will be denied (and you will need to reenter in USA with new stamping). There is also fair chance of having no problem. Cases have been seen when USCIS neglected 2-3 weeks of oos. Once EOS approves, or you get it done by CP, it will not be problem during GC.
  19. wiweq

    *** H1 amendment ***

    Yes, its same as new H1b.
  20. wiweq

    H1B revoked Cap exempt?

    Yes, you are still eligible for cap exempted H1b. You have total 6 years quota of cap exempted H1b.
  21. wiweq

    Multiple H1 B lottery Approvals

    You don't need to ask any employer to revoke H1b as you are not authorized. They have paid for it, they own it and better know how to deal this. You need to choose at least one H1b employer and need to maintain your H1b by working for them and getting paid by them.
  22. wiweq

    urgent... employer forgot to apply lca

    Without updated LCA and H1b amendment your current new work has no authorization means illegal work. Will bite you sooner or later. Better to find better employer who can take care your immigration matters.
  23. wiweq

    I-797B - Employer Cancel H1b

    Yes, in order to work on H1b, you need to get H1b stamping. If its your first H1b and you employer revokes before Oct 1st, you need to be counted again (need to face lottery again).
  24. wiweq

    Help Regarding H1B Withdrawl/Revocation

    You won't be considered cap-exempted. You need to show employer-employee-job exists on Oct 1st.
  25. wiweq

    H1B job termination without notice

    On the day of filing COS to H4, if you are on legal status, you are good. Talk to a labor lawyer. File WH4 form to register complain again H1b employer.http://www.dol.gov/whd/forms/wh-4.pdf