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sathish2009

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Posts posted by sathish2009


  1. 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 ?

     


  2. 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? 

     


  3. 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 :)


  4. 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 !


  5. 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. 


  6. 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.


  7. 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.


  8. 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.


  9. Thank you very much for the answers.

     

    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 does the h1b days counted ?

    4.what are the options for the father if he applies 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 with an amendment of the h4 receipt number when applying for COS from h4 to h1?

     

    What are the options for the father?


  10. 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?


  11. Hi,

     

    My Wife recently got her status changed from h4 to h1. She started working from nov1 and is wfh, Due to her pregnancy and expected date being December, she is planning to take a break for couple of months ie Dec and January. and resume her job from February. What are her options to stay without having to go out of status. Otherwise she has to take a month's break and Start working in Jan again. Any inputs will be helpful.

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