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rahul12345

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About rahul12345

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  1. rahul12345

    H4 - EAD

    My wife recently received her H4 - EAD and shortly afterward I lost my job. She has a job offer based on her EAD which is valid till next year. Is she required to show any supporting documents about my job (current paystub & such) to start her job, or the EAD card will suffice?
  2. Thank you all for your advice. The problem I see is getting an employer just before the PD and convincing them to file the GC process again. I am in oil industry, and it will be difficult to convince anyone to do the workaround for me. I will also talk to an attorney to see if there is any other way.
  3. Hello, My GC process was initiated in EB2 category in Oct 2017, and I-140 was approved in April 2018. I am waiting for my priority date to become current to file the 485. Can I leave US for better job aboard and then come back sometime before my priority date becomes current? What is the procedure to do that? Do I need to file any paperwork with USCIS telling them that I am leaving the country temporarily and not giving up on my intent for GC? What is the process to travel abroad without disrupting the GC process?
  4. rahul12345

    OPT or H-4 EAD - which is better option

    Thank you for the reply. We have no intention of working for consultancy. Regarding the H4 EAD, do we know if the law is really being rescinded or its just rumors and talk among the government officials for now.
  5. Hello, My wife is on F1 visa and graduating next month. My green card application is in process. I have two questions, first: Till last year, for those whose gc is in process, their spouse got EAD card while they waited for the GC. Is this law still valid or changed? Second: what's the earliest time by which people are receiving their OPT card these days? Standard answer is 90 days, but does anyone know of anybody who have received it sooner than 90 days?
  6. But in DS-160 it does ask if who is paying the trip, right? Also, I am supposed to provide the letter saying that I will be paying the trip, and the expenses during that stay. All this so that they don't have to show their net worth. Its kinda sponsoring, not in the same sense as for other work visas. My question more specifically was whether I need to have substantial amount in bank at the time of interview or the bank statements showing salary deposits will be enough? They will be able to show house, and other property, and relations in India to prove they will come back to India.
  7. Thanks for reply. My wife is on F1 and her status is valid for more than another year. Can she sponsor the visa? ...and how much cash does she need to have in her bank per person? Also, if me or my wife are sponsoring the visa, do my parents still need to show property and assets in India during the interview?
  8. I need to sponsor visitors visa for my parents. My H1B expires in another 2 months. I am waiting on labor certification for past 3 months. I might have to travel outside US if I don't get labor in next month. In such a scenario, can I still sponsor visitors visa for parents to stay for 3-5 months? Since I am sponsoring the visa, how much funds do I need to show in my bank account? I have heard its $5000 per person, but i currently don't have that much in my bank. Will that also be an issue? Thank you for reading!
  9. Hello, My H1B will expire in March 2018. My employer has just initiated my GC process, and will have to interview candidates till end of August. I guess after that they will officially file some paperwork (so till that happens I guess I can't even say the GC process has started). My question is given the time it takes for labor and then I140 to get approved is there enough time left for my employer to file for H1B extention ? What are my options if my labor is not approved before March 2018? I am afraid the employer may back out of the process given we may not have enough time on hand.
  10. rahul12345

    Dropbox Eligibility for F1 Visa

    Hi, My wife used to be on H4 visa which is stamped and valid till March 2018. She was approved for change of status to F1 visa in April this year. She will complete her 3rd semester here in US this december. She is traveling to India in December, does she have to go in for visa stamping interview or can she use dropbox to get the F1 stamped? .....or can she travel on the H4 visa which is valid for another year?
  11. rahul12345

    Maintain Legal Status After Termination Date in H1-B

    Luck has nothing to do with it. I was told by lawyers of my previous company that I was not illegal or undocumented. My visa was valid for almost 2 more years when I lost the job. The next company that hired me told me the same. USCIS found nothing wrong renewing my visa for another 3 years (recaptured almost another 18 months of unused H1B when I had returned to India back in 2011), and then when I went for stamping, the US consulate had no issues stamping my passport either. The question they asked were regarding my new company and my role in that company, and why I was qualified to do that job. That all. If all that was just luck, then I should have bought a lottery ticket then! I think its understanding of the law by certain lawyers, and how they practice it. Some will simply do the paperwork as copy/paste from previous files @ so many $$$ per piece of paper, while others will try to find ways to make the case successful and not just file loads of paperwork on your behalf. One has to keep away from these clerks who call themselves lawyers!
  12. rahul12345

    Maintain Legal Status After Termination Date in H1-B

    I didn't convert to any other status since I didn't have that much time to do that, but most website advise to converting to B2. I did lose almost a year on my H1B visa. I was on H1B and my wife was on H4 visa when I got the second job. I was out of status then.
  13. I get that we have to spend time outside US, and I have already spend straight 2 years in India. Technically, I believe that 365 days period starts after the expiration of the 6 years, I have spend twice that time before the expiration of my 6 years. Is there a workaround that will make those 2 years count towards the required 365 days wait period?
  14. rahul12345

    Maintain Legal Status After Termination Date in H1-B

    You will go out of status after 11th August but that doesn't mean you become a criminal or illegal, and now you have to sell all your stuff at rock bottom prices just to get out of here. No. You can stay here and look for another job. Once you find another job, let the immigration lawyers do their job. You just need to have enough time left on your visa to transfer it to new employer. I was laid off in April, 2014 and had to wait till March 2015 for the next job. I was out of status during this time. But the lawyers filed for my H1B transfer (H1B still had a year left on it) and it was granted without any RFE. The lawyers of my company though insisted that I need to get the new visa stamped before joining. So my wife and I had to travel back to India for stamping which also went through without any issues. Another thing, I don't work in IT or desi consultancies. American company filed for my visas both times, and it was accepted. You need the right lawyers who know what they are doing, and american companies/lawyers have been doing this for long.
  15. Hello, I am currently on the 5th year of my 1st H1B visa. I don't have any green card or I140 filing yet. I believe that its required to wait for year or two before filing for new/fresh H1B after expiration of current H1B renewal. My 1st H1B was filed in 2009, I had returned to India in 02/2011 and stayed there till 04/2013. I was out of US for more than 2 years. I came back in 2013, got H1B extension which is supposed to expire in 03/2018. Can I apply for fresh H1B in 04/18, or do I need to wait for 04/2019 to file for new H1B? Will the time I spend in India back in 2011-2013 be consider as the waiting period for the new H1B? Thank you for reading. Regards, Rahul
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