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Everything posted by sathish2009

  1. sathish2009

    H1B Visa Stamping in Nov

    The drop box eligibility criteria is updated to 24 months and I think you are qualified for it. Please check here. https://redbus2us.com/us-visa-dropbox-eligibility-changed-24-months/ and also check with your employer.
  2. Hi All, My friend has used the drop box and responding to the 221g, the US Consulate requested to submit the passport. But the visa status is still Refused in https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV&eQs=WwjqOlbeRYzCYubaSQI+RA==, and in the http://cdn.ustraveldocs.com/in/in-niv-passporttrack.asp account the status shows as "Document Delivery Information : " does not have any information. By emailing to passportstatus@ustraveldocs.com the passport status is " there is no status update available for the passport number submitted." Please let me know if any body has gone through a similar situation.
  3. sathish2009

    Wife struck In india - can she travel on H4 with no stamping

    Thank you. Please correct me if I am wrong, so any counselor processing is suspended until Dec 2020, Is this applicable only for India or all immigrants across the world? 1. What options are there to travel between Canada to US?. 2. Can H1b with expired visa and approved H1B be able to travel to Canada, are there any chances of getting stamped in Canada and comeback to US?
  4. The new executive order is very unclear. My wife is struck in india with no h4 stamping. She is away from the family for 5 months. Will she be able to travel. Can Uscis issue a visa on arrival for dependents. They are not a threat to the jobs as the govt claims. this is causing lot of emotional stress.
  5. sathish2009

    H1B transfer receipt notice time

    What is the receipt date mentioned by USCIS, though they replied on Dec 2nd. Does it have Oct 24th or Dec 2nd ?
  6. Asking behalf of a friend. His employer filed the h1b extension in may and got RFE in Nov 27. I-94 is valid until Jan 8th(exhausting 240 day grace period). The employer is going to submit the documents in a week. Given the holiday season, USCIS will have only 2 weeks of working days to process the application again. My friend has family and kids, what are his options. 1. Find an employer and file h1-b under cap exempt before Jan 8th. With delays in receiving the receipt number, can he stay after Jan 8th ? If so how long the stay can be. Since the applications are filed in timely manner and the delay is due to processing timelines. 2. Can he file COS to H4 until h1b decision is made and cancel the H4 application once H1 is approved ? Will this be considered violation of stay ?
  7. hi My parents 10 yr visitor visa got expired 2 years back. I would like to process their visitor visa again. I recently got my Citizenship. Since my brothers and my parents have farm lands and other properties, they do not want me to apply for Immigrant visa. Could you please let me know if this would be a problem.
  8. sathish2009

    H1B lottery selected and Validity

    He is in India how can he make a request ? can you please share the information.
  9. sathish2009

    H1B lottery selected and Validity

    My friends employer has applied for H1B and was selected in lottery 2014. He had to go to UK for a year for a project. So he could not come to US. Now the situation is the employer is delaying his US Visa interview. Please answer the following questions. 1.How long the lottery selection is valid ? 2.Is there any way to get a copy of I797 from USCIS if employer is not sharing the information?
  10. sathish2009

    apply for EAD

    According to this Executive action coming into effect of Jan 17,2017 https://www.murthy.com/2016/11/17/newsflash-advance-copy-final-140-ead-released/ would it be possible to get EAD without having to wait for PD to be current.
  11. sathish2009

    apply for EAD

    hi, I have an approved I140 with my employers (both current and previous). Can I apply for EAD while I wait for AOS PD to become current. Thanks and appreciate your inputs.
  12. sathish2009

    H1B lottery selected and Validity

    His application is selected in lottery and employer is holding the approved I797. Employer is not giving him a copy of I797. I understand I797 lottery selection is not specific to a employer but favors employee. Please correct me if I am wrong.
  13. Premium processing is available for all other form I129,H1B and H1B1 petitions. This includes petitions subject to the H1B cap and H1B Cap Exempt petitions that are requesting a change of nonimmigrant status or consular notification. Premium processing also remains available for Form I129 H1B petitions filed on behalf of Individuals who already have H1B nonimmigrant status as long as the petition is requesting consular notification or an amendment of a previously approved petition that does not include a request for an extension of stay. Disclaimer: The above was the snippet of the message from USCIS website, just that we need to read it properly. hope this helps :)
  14. It looks like only premium processing for h1b extension is suspended and not all h1b categories are affected. Transfer of h1b to new employer , as long as the new employer doesn't request for extension but just an ammendment to use the existing h1, cap exempt h1b who doesn't require extension can be still done in PP. Hope this clears all of the doubts. Cheers !
  15. sathish2009

    h1 transfer to new employer without amendment

    my friend is in a similar situation. his current employer A filed an ammendment for worksite changes. Employer A is still waiting to provide the documents for an RFE he received from USCIS. While the ammendment is still in processing he got a offer from employer B and an employer C. Now both employer B and employer C have filed H1b in PP. 1. Is he currently in the valid H1B status ? 2. If the h1b is approved with employer B and employer C, he would be taking up the job with employer B, in that case will be considered in valid H1B status if the employer A withdraws his h1b case. 3. Should he be notifying of the resignation to employer A.
  16. Hi, I am changing employer and my h1b will be filed in premium will this be affected due to the h-4 ead processing? I was assuming the premium processing is stopped only for extension of stay and not for transfer. Please reply.
  17. Thanks for the reply Rahul. What happens to h1b status if the current employer withdraws the h1b before the h1 approval of the new employer..
  18. Since the H1B transfer would be initiated by the new employer B and based on my receipt number will I be in valid status even if my current employer A withdraws my h1b? please advise.
  19. Hi, I received an offer and my new employer is filing my case in premium processing. Now with new announcement of suspending premium processing will this affect my case. Thanks,
  20. hi, The case details are as follows: 1.H1B approved in 2013, and started working in new worksite from March 2014, In july employer got an Intent to revoke from USCIS requesting for more evidences. Lawyer responded back to USCIS and submitted the documents. 2.Again had a worksite change in November. 3.In end of March employer mistakenly informed us that our petition was revoked and asked us to file a COS from h1 to h4. Which is pending approval. 4.However employer did an amendment with new I-129 application on Apr 1st in premium and USCIS revoked the old petition. 5.Employer missed to send the end client contract document and received an RFE for the same. Question: 1. Since the old petition was revoked after the filing of amendment, Is it legal to continue to work? because the new I129 receipt petition receipt says "This Petition doesn't grant any immigration status or benefit". USCIS has given time till July to respond with the documents. 2.Also since we applied for COS from h1 to h4 which might probably take 2 and half months, if we withdraw our I539 application would it be considered as out of status? Also USCIS has mentioned in RFE about the request for COS by the employee and thinks employer doesn't have control over the employee. 3.now I have two employers who are offering me a job and willing it do a h1b transfer using my old I797, should I go with them. Please reply with your suggestions.
  21. my spouse got h1b in 2013 it was COS from h4 through an employer A. She was on maternity leave when USCIS visited the client place and started working from march with another client in different location, she received Intent to revoke from USCIS for the reason not being at work while the Officer was visiting. Employer A submitted the amendment and it was under process, in the mean time she got into another project with the same client on a C2C basis. today her employer A called my spouse and said to stop working as they received a revoked h1b from USCIS. Now what are her options. She has deliverables for every two weeks in the current project. Employer is going to file a new h1b and asked her to apply for h4. 1. should she do COS from h1b to h4. Employer A Should file her new H1b Wait for the approval and start working again ? 2.Can a employer B apply for a new h1b today and with the receipt date can my wife start working in the current project ? 3.If filing for new h1b by Employer A or Employer B will go into lottery or it would be exempt from lottery ? Please advise.
  22. I have two months before the expiry of my 6th year. my PERM is certified and I140 has been approved. I asked my employer to file I485, but he says I need to wait for the availability of visa. Looking at the visa bulletin for EB2 the PD is nov2004, Should I wait until my PD gets current to apply I-485(EAD) ?
  23. 1.Is there a paternity leave for fathers on h1b? 2.If so how long the father can be on paternity leave ? 3.If the father takes unpaid paternity leave will he go out of status, does he have to apply for COS say to h4? 4.Can the father apply for COS from h1 to h4 to take care of the new born and a toddler ? 5.once applied for COS from h1 to h4 can the father start working again after a month with an amendment(since it takes 4months for COS to process) of the h4 receipt number when applying for COS from h4 to h1? What are the options for the father to take paternity leave.
  24. sathish2009

    Paternity leave for fathers on h1b

    When Changing from COS from h1 to h4 to take paternity leave , does the employer need to revoke the h1b? or just have to amend the reason for COS to h4 while applying for COS from h4 to h1. Just wanted to understand the legal process.
  25. I wanted to take maternity leave for a month and wanted to apply for COS from h1 to h4 to h1. 1.should I wait for the approval or my status changes from the day of the receipt. 2.Can I do premium processing for COS from h1 to h4. 3.How long it takes for the approval of COS from h1 to h4. 4.Also I wanted apply COS from h4 to h1b after a month. What are my options?