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About h1Bacer

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  1. Hey thanks @JoeF . One concern we have is about her OPT. She has few offers at hand right now and she will be applying for OPT which starts from January. I heard that the i485 based EAD is taking atleast 6 months to be issued. So we want to get the OPT EAD first, start working and then use the i485 EAD. I want to ask if applying i-485 would invalidate her F1 status and thus she will not be issued a OPT based EAD, Is this true?
  2. Hi all, I needed some help with my situation. My wife is on F-1 status and currently, I am on H1B. She will be filing for OPT EAD which will start from January 2019. We are about to file Adjustment of status application and wanted to apply for EAD along with this application (I-765) Because I am on H1b, will my H1b become invalid if I apply for I-765 with AOS? If not, can I keep both EAD and H1B at the same time? Will it be possible to just file EAD for my spouse? I am also thinking of utilizing the H4 EAD as the process of AOS based EAD is taking too long (close to 7 months). Is it a good idea to initiate the H4 EAD application right now or should I just get the AOS based EAD? Please help me with these questions.
  3. Hi, I am on H1B and I am currently filing for my extension based on I-140 approval. My wife is currently on F-1 visa status and she is eligible for OPT starting December 2018. Many employers are unwilling to offer jobs as she is on F1 status, so we are thinking to apply for H4 EAD. So I have few questions about this: My spouse is currently on F-1 visa status (student) and she can apply for 1 year OPT based on her master’s degree. We want to decide between the option of filing H4-EAD or OPT and were unsure which would be the better option to choose. I have an approved I-140, so I am able to apply for H4-EAD for my spouse based on that. Is it good to go with H4 and H4EAD right now or should we get the F1 OPT EAD and then go with H4 EAD? As my spouse is currently on F-1 visa, she would have to change the status to H4. Can we file for H4 change of status and H4 EAD together? 3. Should she step out of United States and re-enter if her H4 gets approved? 4. If I plan to apply for H4-EAD in September 2018 and it is in process, can my spouse still apply for F-1 OPT before her H4-EAD gets approved? Will this affect H4-EAD process in any way?
  4. Hi All, I would like to ask you one question about delaying my H1b extension filing. A bit of a background about my situation: I am currently extending my H1 visa based on my approved I-140. My I-94 expires in the month of December. So my company would generally start filing for H-1B extension in June. I am getting married to a Chinese citizen early next year. So I qualify for cross-country chargeability, due to which I am able to file I-485. (my PD is Jan-2013, current PD of China is in September 2014). Apparently, as the current situation with H1 extensions doesn't look so good, I want to see if I can delay filing my extension till October so, by the time the H1b is processed at USCIS, I would have had a chance to file for I-485 also. Do you see any issues with going this route? Are there any good reasons why I should stick with normal filing? Please help me out! Thanks.
  5. Thank you for your replies everyone. As far as the credibility of employer goes, I am very safe in that aspect. They are a well known company with no dependency on H1B workers. Fingers crossed and hope my petition goes through with no issues!
  6. Hi All, My bachelors degree is in Mechanical Engineering and I completed my Masters degree in Software Engineering. Currently I am working as a Software Engineer and I am on H1b visa. When renewing H1B extension, will they consider my terminal degree, which is Software Engineering or my Bachelors degree also? Can this lead to any RFE due to education background? Please help me with this question as I couldn't find much information in my research.
  7. h1Bacer

    PERM audited and denied. Please help

    Hello All, I received an audit on my PERM and was denied last week. The reason the CO states is that there were layoffs in my company and there was one US worker qualified for the job and was not contacted. However in the ETA 9089 form that I was sent for signatures (durign audit) I see that we reported correctly for whethere there were layoffs and whether we contacted the laid off people (yes for both) I am not sure why the DOL denied after that, so I want to check what kind of proof should we submit in order to make a point that we indeed contacted them. Please suggest who I could get accurate information from. Thank you!!
  8. Dude.. its just 3 days! Dont bite your nails too much. It take atleast a week to hear from them. My extension interview is tomorrow. Hope it goes well :)