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Everything posted by care_candidate

  1. care_candidate

    Mumbai consulate :H1B visa stamping with minor kid

    Yes, I am doing the same and did previously too - Mumbai
  2. care_candidate

    Travel to India without family

    No issue. If they ask reason tell them the truth.
  3. Big doubt that you will get any help about this on this forum. Hired attorney would be best option.
  4. care_candidate

    DS160 form filling

    1. There used to be only one option to visa interview depending on which State you line in. If you can select specific location, means you can go to that place. 2. Optional. Used for those people who has not written name in English. 3. Can you see both options? My guess is "Not employed" is more technical than other one. 4. You shall list all of them. It is possibly for security purpose.
  5. With new employer, start from scratch PERM. If at the time of filing I-140, your PD is current you can file it together with I-485, and EAD, AP too.
  6. care_candidate

    B2 Visa Rejected for Brother: Second Attempt

    Exactly, Believe it or not but for gray area applicant like this, it matters how last few interviews went. If it ticked off officer, it hurts next few applicants.
  7. Funny thing but few years ago, I got rejection based on 221g in first attempt. At that point I had no idea how to improve as everything was genuine and there was no way to make any amendments. So I merely waited for a month and tried my luck second time. Same questions, same answers and got visa! My impression was that they want to make some extra money from application fees. That may be true but it really depends on who interviews you. There is no such standard scale to determine applicant's qualification. Not fair but fact...
  8. care_candidate

    Switching from H4 to J1 visa

    No problem. They will not discuss you during interview. It will be about her program, specialty, duration. Her visa will have 212(E) rule and normally expiration for a year.
  9. care_candidate

    H4 to J1

    If you need detailed information, send me your contact. Similar experience here.
  10. care_candidate

    Switching from H4 to J1 visa

    Yes, she needs to go to India to get J-1 stamped. It's a pickle that she went to J-1 visa. Had she accepted residency without that visa, she would have not needed to do anything but just to start residency on EAD. By signing up for J-1 she will become exchange student from India who will perform training and has to abide the contract. She doesn't need to worry now about 2 year rule. Once she finishes it, she can go back to India for 2 years or do J-1 waiver job in undeserved area while on H1b. If you want more details send me you phone or email.
  11. Have patience. It usually comes pretty quickly within a week.
  12. You need to understand that there is nothing as H1b transfer. It is basically applying for new H1b with exception that yours will not be counted from quota or lottery. And till your PD becomes current, you are allowed to keep extending H1b beyond six years because you have approved I-140. Also, when you change employer after I-140, you need to start again from PERM with new employer and request to retain same old PD.
  13. care_candidate

    I-485 Filing

    To apply for EAD for spouse, you do not need to file I-485. You need to have I-140 approved. I assume you have that already. Go for that! If your priority date is June 2017, and you are EB-2 India or EB-3 India, it will be a while (at least five years) to file I-485.
  14. Few issues with what you are asking.. 1. When you are on EB-2, you should look that cell only in the chart. 2. Why are you looking into February chart? Latest chart for April is available, unless you are filing in March, this week. 3. Go to following website to check which chart to use. https://www.uscis.gov/visabulletininfo For both March and April, you are suppose to look into Final action chart only. If you are looking into filing in March, you cannot as date is about 4 months behind. If you are looking into filing in April, you cannot as date is about 4 months behind, too. The date has moved only by 3 days, from April 9 to April 12, 2009.
  15. care_candidate

    Date correction in EB3 - I-140 form.

    What do you mean by latest post? Twitter?
  16. care_candidate

    i140 Approved Change of Employer

    I am assuming you are applying for H-4 EAD for your spouse? There is nothing as transferring I-140 when you change job after its approval. You will have to start GC process from scratch. And, you old employer through which you have approved I-140, might have revoked I-140. You need to contact them or attorney who worked on process to know what they did. Then, you will know if you can proceed with EAD application.
  17. care_candidate

    F1 OPT EAD approved but failed to graduate. Am I out of status?

    I think you DSO is giving you incomplete information. I remember when I went through F-1 to EAD, my DSO had very limited knowledge of what going on at that time. I attribute that to being in smaller university partially but foreign student should get complete information. I think failing in course should not make you out of status. Because your situation is slightly convoluted because of EAD application, you better do consultation with immigration attorney. They charge pretty high fee but you will get exact understanding of what you can do.
  18. care_candidate

    I-140 from employer

    You should know exactly what the reason they are not sharing it with you. What is your PD and how likely are you planning to stay with employer till your estimated stay with this employer?
  19. care_candidate

    Prevailing Wages Determination rejected

    You have right to know the reason when anything gets rejected on your behalf. You haven't explained it clearly or perhaps your employer hasn't, however, more likely it looks like that your PERM got rejected based based your wages come lower than prevailing wage. You can determine with certain accuracy how your wage compared with that of others with similar jobs. Understand that comparing wages with prevailing wage is more or less a gray area. Employers sometimes choose how big circle they want to draw to show that your wage is higher than that of within that circle.
  20. Many people fall under this case as you can read from forum here. Their attorney/company just ignores limitation of H1b and try to file last moments. Typically, when there is gap between approval of I-140 and end of H1b (6 years), candidate has to leave US and come back once I-140 approved and H1b extension is approved and stamped.
  21. care_candidate

    H1B - Taking a break between two Jobs

    Another problem with what @rohit369 said is that when you make another trip outside US, you will have to do stamping for employer C too.
  22. Yes, you will be considered as out of status. Unless you have something permanent or special condition, you should never have a single day gap. This may haunt you forever during any application you make for immigration and lower your chances of approval. You will have to find the way to avoid it. You can explain your situation to employer. Also, have you received just a receipt notice I-797C or an approval in the form of I-797A or I-797B? If you haven't received one of later two, it is not approved and switching employer is not allowed as you I-94 is expired too.
  23. I-797C has not meaning - it is just receipt. I-797A and I-797B are approvals with I-797A has I-94 attached at the bottom. Your stamping will be based on I-797A approval that is valid till 2021. Your wife also need to accompany with you for her H4 visa. Both stamping are mandatory to enter US.
  24. care_candidate

    Am I eligible to apply for I-130 ?

    I posted this question in incorrect forum before; Please try to answer here. I want to start Green card process based on my spouse's Green card. Currently I am Doctor on H1B visa. I had J-1 visa prior with 2 year home residency rule. Currently I am just six month into that 2-year rule. Am I eligible to apply for I-130 or I have to wait till I finish 2 years?
  25. Your last statement is not true. WHen they "approve" H1b, if you read I-797 carefully, it says this is not a visa. A visa to USA, can be only obtained outside US, in normal circumstances. This is applicable to extensions and change of status also. At Consulate, you are expected to go through formal process of application and/or interview. There are different departments related to approval and admission process. USCIS: Adjudicative decisions performed at the service centers (Formerly INS) CBP: Admission at port - Border agency of DHS DHS: Protect US within and borders and more Consulate: Work with US and foreign law enforcement to combat international crime; And issue visa