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mohan.july

H1B Transfer Denied, Planning to apply Appeal. Can I work while Appeal in progress?

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My H1B Transfer Denied today morning. My employer told that he will apply Appeal after receiving denial notice.

 

Currently I am employed, Can I work continuously while Appeal in progress?

 

I-94 Expiry Date is January 2016.

 

This is URGENT, please help.

Edited by mohan.july

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No, you can not work for the employer while an appeal is pending. In fact, you are out of status now. An appeal can take a long time.

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My H1B Transfer Denied today morning. My employer told that he will apply Appeal after receiving denial notice.

 

Currently I am employed, Can I work continuously while Appeal in progress?

 

I-94 Expiry Date is January 2016.

 

This is URGENT, please help.

You need to stop working. Either you need to apply for COS to a dependent status based on your spouse or leave US as an appeal does not give you any status to stay in US.

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Can someone please reply... 

 

I think of another option - Can I apply L2 dependent visa thru my wife, who is having valid L1A visa. And then get L2 EAD and start working after 3 or 4 months.. If this is an option, can i go do this while being in USA.

 

Please advice, Which one is better option -

 

1. Going for the Appeal option (or)

2. Apply L2 and then go for L2 EAD later..

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Can I do Both at the same time - Kindly let me know

 

Appeal thru current employer for the denied petition &

File another Transfer thru different employer as h1helper said in the thread....

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Can someone please reply... 

 

I think of another option - Can I apply L2 dependent visa thru my wife, who is having valid L1A visa. And then get L2 EAD and start working after 3 or 4 months.. If this is an option, can i go do this while being in USA.

 

Please advice, Which one is better option -

 

1. Going for the Appeal option (or)

2. Apply L2 and then go for L2 EAD later..

Yes, this an option to move to L2 and get EAD. You know that it takes 3 to 4 months to get COS to L2 and 3 months to get EAD.

And. as H1helper suggested find a good employer and move to H1B employer at later stage.

The good thing if you move to L2 EAD is that employment would not be added to your max of 6 years stay on H1B.

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Can someone please reply... 

 

I think of another option - Can I apply L2 dependent visa thru my wife, who is having valid L1A visa. And then get L2 EAD and start working after 3 or 4 months.. If this is an option, can i go do this while being in USA.

 

Please advice, Which one is better option -

 

1. Going for the Appeal option (or)

2. Apply L2 and then go for L2 EAD later..

 

Option 2 looks good to me.. Better go for L2 and apply for EAD.

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Can I do Both at the same time - Kindly let me know

 

Appeal thru current employer for the denied petition &

File another Transfer thru different employer as h1helper said in the thread....

 

H1B Gurus, Kindly let me your thoughts for the above - Can I do both Appeal and applying L2 at the same time........

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Thanks All. I am planning to go for L2 EAD and do the appeal at the same time as suggested in this forum.

 

One last question -

 

I used this H1B, that was denied, for about 5 years. In between I was out of USA for about 21 months, and then entered on Oct 1, 2010, hence the clock would have been reset in my case..

So far, i have been here for about 3.5 years.

 

If I apply brand new petition in this April 2014 quota for next year, for long i will get the Visa i,e for many years i will get the visa approval. I am assuming for another 2.5 years. (Calc: 6 years - 3.5 years = 2.5 years).

 

Please let me know your thoughts gurus. And is it another good option for me?

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Thanks All. I am planning to go for L2 EAD and do the appeal at the same time as suggested in this forum.

 

One last question -

 

I used this H1B, that was denied, for about 5 years. In between I was out of USA for about 21 months, and then entered on Oct 1, 2010, hence the clock would have been reset in my case..

So far, i have been here for about 3.5 years.

 

If I apply brand new petition in this April 2014 quota for next year, for long i will get the Visa i,e for many years i will get the visa approval. I am assuming for another 2.5 years. (Calc: 6 years - 3.5 years = 2.5 years).

 

Please let me know your thoughts gurus. And is it another good option for me?

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Thanks All. I am planning to go for L2 EAD and do the appeal at the same time as suggested in this forum.

 

One last question -

 

I used this H1B, that was denied, for about 5 years. In between I was out of USA for about 21 months, and then entered on Oct 1, 2010, hence the clock would have been reset in my case..

So far, i have been here for about 3.5 years.

 

If I apply brand new petition in this April 2014 quota for next year, for long i will get the Visa i,e for many years i will get the visa approval. I am assuming for another 2.5 years. (Calc: 6 years - 3.5 years = 2.5 years).

 

Please let me know your thoughts gurus. And is it another good option for me?

Your clock was not reset as only one cap subject H1B petition was filed and every subsequent petition was cap exempt based on cap counted once. You will get remainder of max allowed of 6 years on H1B.

You need to be outside US for 365 days before a cap subject H1B petition could be filed. If you leave by 1st April 2014 a new cap subject petition could be filed only on 1st April 2015.

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Your clock was not reset as only one cap subject H1B petition was filed and every subsequent petition was cap exempt based on cap counted once. You will get remainder of max allowed of 6 years on H1B.

You need to be outside US for 365 days before a cap subject H1B petition could be filed. If you leave by 1st April 2014 a new cap subject petition could be filed only on 1st April 2015.

 

No Jairichi, the clock would have reset. Because,

 

May 1st 2007 - Dec 31st 2008 - Working in USA in H1B

Jan 1st 2009 - Sep 31st 2010 - I was working in India, since its more than 365 days, the clock would have reset. right?

Oct 1st 2010 - till day - Working in USA in the same H1B

 

Please evaluate again.....

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No Jairichi, the clock would have reset. Because,

 

May 1st 2007 - Dec 31st 2008 - Working in USA in H1B

Jan 1st 2009 - Sep 31st 2010 - I was working in India, since its more than 365 days, the clock would have reset. right?

Oct 1st 2010 - till day - Working in USA in the same H1B

 

Please evaluate again.....

The clock will reset only if a cap subject H1B petition was filed in 2010. Since it was a cap exempt H1B that allowed to enter in Oct 2010 you would get remainder of years on H1B.

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No Jairichi, the clock would have reset. Because,

 

May 1st 2007 - Dec 31st 2008 - Working in USA in H1B

Jan 1st 2009 - Sep 31st 2010 - I was working in India, since its more than 365 days, the clock would have reset. right?

Oct 1st 2010 - till day - Working in USA in the same H1B

The last line is why it did NOT reset.

It only resets if the person is abroad for at least a year AND after that year is over, a NEW H1 under the quota is filed.

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The last line is why it did NOT reset.

It only resets if the person is abroad for at least a year AND after that year is over, a NEW H1 under the quota is filed.

 

Thanks JeoF and Jairichi.... it's clear now.

 

What's your opinion about this one below, everything is same except the last line in my earlier post (asking this for my spouse).....

did the clock reset?, can she file for CAP Subject H1B in April 2014?..... Please let me know.......

 

 

May 1st 2007 - Dec 31st 2008 - Working in USA in H1B

Jan 1st 2009 - Sep 31st 2010 - She was working in India, since its more than 365 days, the clock would have reset. right?

Oct 1st 2010 - till day - Working in USA in the L1B Visa.... L1B expired in August 2013, but she has I-94 till January 2016. Currently working thru big IT firm.

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Hi All,

 

As per your advice, i have decided to get L2 ASAP.... thinking of Mexico or India.. Below are the questions related to this, please help

 

My Current Status:

I-94 date until: Jan, 2016

H1B Petition denied on: Jan 27th, 2014

Planning to go to Mexico, apply L2 visa (my wife is on L1A until May, 2015) and come back to USA.

Questions:

1. Can I travel to Mexico without Mexican visa in this situation, when i don't have valid US visa?

2. I am out of status since Jan 27th 2014, so can I go to Mexico for applying L2 visa and come back?

3. Which is preferable option for L2 application in this situation for me, Mexico Vs  India?

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Thanks JeoF and Jairichi.... it's clear now.

 

What's your opinion about this one below, everything is same except the last line in my earlier post (asking this for my spouse).....

did the clock reset?, can she file for CAP Subject H1B in April 2014?..... Please let me know.......

 

 

May 1st 2007 - Dec 31st 2008 - Working in USA in H1B

Jan 1st 2009 - Sep 31st 2010 - She was working in India, since its more than 365 days, the clock would have reset. right?

Oct 1st 2010 - till day - Working in USA in the L1B Visa.... L1B expired in August 2013, but she has I-94 till January 2016. Currently working thru big IT firm.

She can stay in US on L1B status for 5 years.

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Hi All,

 

As per your advice, i have decided to get L2 ASAP.... thinking of Mexico or India.. Below are the questions related to this, please help

 

My Current Status:

I-94 date until: Jan, 2016

H1B Petition denied on: Jan 27th, 2014

Planning to go to Mexico, apply L2 visa (my wife is on L1A until May, 2015) and come back to USA.

Questions:

1. Can I travel to Mexico without Mexican visa in this situation, when i don't have valid US visa?

2. I am out of status since Jan 27th 2014, so can I go to Mexico for applying L2 visa and come back?

3. Which is preferable option for L2 application in this situation for me, Mexico Vs  India?

First time visa stamping for L2 visa category you cannot go to Mexico. In your situation either India, Jamaica or Canada.

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02/12 Current Status:

 

I am In India, and complete my L2 interview yesterday and approved.

 

Next thing is applying for EAD..

 

Anything else is required at this point?

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02/12 Current Status:

 

I am In India, and complete my L2 interview yesterday and approved.

 

Next thing is applying for EAD..

 

Anything else is required at this point?

Congrats and thanks for the update.

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05/08 Current Status Update: (Struggling again) 

 

I would like to give the current status of my case in this thread - 

 

After coming back to USA in L2 visa on Feb' 17th 2014, my employer has applied for EAD thru his attorney by attaching a letter stating that i have a ready job offer and requested USCIS to expedite the process. I-765 was filed on March 11th.  

(As far as I know, 99% of my friends and their wives got their L2 EAD in 5 to 6 weeks. In that, First they got Biometrics letter in 3 to 4 weeks).

 

But so far, 8 weeks have gone in my case and no updates from USCIS and no Biometrics letter also sent to me.

 

When the attorney and I contacted USCIS separately, they mentioned that it will take upto 90 days to complete, if not i need to get Infopass and visit the local USCIS office. 

 

I am not working since Jan and awaiting for this EAD. :(

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05/08 Current Status Update: (Struggling again) 

 

I would like to give the current status of my case in this thread - 

 

After coming back to USA in L2 visa on Feb' 17th 2014, my employer has applied for EAD thru his attorney by attaching a letter stating that i have a ready job offer and requested USCIS to expedite the process. I-765 was filed on March 11th.  

(As far as I know, 99% of my friends and their wives got their L2 EAD in 5 to 6 weeks. In that, First they got Biometrics letter in 3 to 4 weeks).

 

But so far, 8 weeks have gone in my case and no updates from USCIS and no Biometrics letter also sent to me.

 

When the attorney and I contacted USCIS separately, they mentioned that it will take upto 90 days to complete, if not i need to get Infopass and visit the local USCIS office. 

 

I am not working since Jan and awaiting for this EAD. :(

USCIS will not expedite EAD process. Once you get your biometrics appointment letter you can try to walk in and get it done instead of waiting for the appointment date. Most of the time they will accommodate you. Once that is done you might get your EAD in 2 to 3 weeks.

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I am back again :)

 

As you know, I am working currently in Minnesota using L2 EAD after my H1B Transfer is denied (long story short). My Employer has applied for PWD certificate and got it approved. He is filling Labor for me this week. 

 

Questions -

 

1. Can I relocate to different state (for different client) with the same employer, while the Labor in progress.? What are the complications?

2. Once the Labor is approved, do I have to have H1B approved before filing I-140. Or Is it okay for me to file I-140 when I am working using my L2 EAD?

3. In case if I am able to file I-140 when i am in L2 EAD, will I be able to get 3 years extention if I once again file H1B and get it approved? (basically gauging move from L2 EAD to H1B is better before or after I-140 approved). 

 

Kindly help me as you always do.

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