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About jazzbha1234

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  1. jazzbha1234

    RFE: Speciality Occupation SOC 15-1132

    Recently got RFE (speciality occupation) with soc 15-1132. Have done BE in IT(India) and M.S. Management information systems (USA). Received the hard copy of RFE and it says that job responsibilities are vague apart from speciality occupation. Can someone please help how to justify this or anyone if you went through same experience and guide on that. Please suggest how to proceed in this case and what relevant documents need to submit . 1.)Do I need to submit education evaluation also if have M.S. degree from here in US? 2.) From where to get expert letter? 3.) Any other documents which are important and need to submit? 4.) what do attorneys have to do exactly when to do thorough documentation? And job evaluation? 5.) what proof can attorney show to prove that this job is complex? Attorneys have just asked to provide him itself with 1. Job duties to his course mappings. Attorney is just arranging 2. Expert opinion letter post that and 3. My husband is also thinking of getting the manager letter. That’s it. Do these suffice the need? Not sure if these do. And if attorneys are doing their complete job or not? If someone can please share their documents or assist who has gone through this then it would be of great help.
  2. Thank you, for the response pontevecchio. My I-94 showed July 2015 date previously on cbp site before filling extension and it was expired. Now it doesnt show up on cbp site altogether. Present I-797 has October 2017 date. Will my I-94 expiration date have a risk against my visa stamping? Any other risks w.r.t. stamping? I can postpone my travel but really don't want any issues with the stamping there in India hence, asking here,
  3. Hello Gurus, Need your guidance! My initial H1 6yrs are over in 2015 itself and have got I-140 approved and have got one - 3 yrs extension which is valid till Oct 2017 per current I-797. My current employer has just filled for H1-B visa extension for another 3 years in regular processing. - Can I visit India and get H1 stamped on my passport on the basis of present I-797 (which is valid till Oct 2017) while the extension is still under processing with USCIS? - Will there be any issues while coming in to US at the POE? or during the visa interview? - I also need to get my wife's H4 visa stamped at the same time. Appreciate all the help and guidance in advance and Thank you, for your time and efforts on this...
  4. Hi .. our H1-b expiration date is october 5, 2017 on I-797 and when we ask attorney to file now in the month of March in premiums processing before the new rule " suspending premium processing from 3rd April" start as per their say they cannot file before April 5 or told that they cannot submit LCA to USCIS before 180 days. We want to go to India soon and we want to with our new i797 so that we ca have longer period visa. My question is if we apply 4days prior to our 180 days starting period or before new rule get effective will USCiS accept our application ? We are getting short by 2 days only .. Our 180 day period start at April 5th and rule will be effective from April 3rd n we want to do in premium processing as we want to go to India soon for family emergency and want to get our visa stamped with new i797 to get longer duration. Please reply soon !! Really need help!!
  5. jazzbha1234

    I140 change of jobs

    @jairichi - You've mentioned in #2 that "2. Employer might revoke approved I-140 and in that case you cannot retain PD." Is this the case always? Or this decision depends on USCIS and they do sometimes retain the old PD? Could you please confirm? Thanks in advance!
  6. Thanks for your reply.. Appreciate it!
  7. Hello Friends, My H1-B 6 yr are ending in Sept this year. I had an approved labor and I-140 with my previous employer. I changed the employer about 6-7 months back and my previous employer cancelled/revoked my previously approved I-140. My current firm is yet to file my labor to start my GC process but they have agreed they will be starting in May 2015. - I understand I can retain the priority date which in my case even though, its of Feb-2013 but still I want to understand the issue of filling the labor 365 days in advance of 6 yrs expiration date? - Will this rule cause an issue for me? - Does this mean that my new employer needs to file my labor and I-140 to the earliest before my initial 6yrs end? - Also, what if I have to leave US in emergency and visit India? I would require another stamping and if my GC is in WIP, I would not be able to travel. - Will there be any risk for me if my current employer starts my labor processing this year (6th year of initial 6 years of H1-B)? - Also, will my wife be able to take advantage of the new H-4 employment rule since my I-140 is revoked/cancelled? I want to understand the darker side/disadvantages of such a case of mine, if any - so request hereby to please help and provide views/opinions/suggestions. Thanks in advance for the help!
  8. So finally I received an update yesterday asking my wife to submit her passport for further processing. But the ceac status still shows her in Admin Processing only. I called NVC and asked - they stated it's still under AP but please do as they say to submit the passport.
  9. Hi, i replied to your email earlier itself..
  10. http://sites.nationalacademies.org/PGA/biso/visas/PGA_048197 This is a helpful link but considering my wife's situation H4 -> F1 -> H4 application now, can I fill this up and submit? It has been more than 4 weeks now and still no response. Just confirmed from DoS that no holds are there and documents are received and that it's still in AP only :( .
  11. Hello there, My wife went for her H4 visa stamping and I recently changed job from my old employer to new employer (about a month back). First when she came to US 3 years, she got her H4 stamp successfully. Then we changed her status, she enrolled in a course and got the degree, finished credit hours of study and went on OPT and she had to go to India for family emergency and now we are again applying for H4 visa as F1 is expired and OPT is lost and dont have H1 providing job. Her dependent visa got rejected and the consular gave her the 221g form asking for additional information.We have to provide answers to the different sections in the 221g form. Please guide me through this as to what answers should I provide to these relative questions/things in the form. Basically everything went well until the consular asked question about her internship which she did as part of her graduate coursework here in US. We declared this honestly in DS-160. She obtained a Master’s degree in Biotechnology. She already had all the documents hard copy but the consular refused to see any of it as he needed soft copy format in 1 email only from her. We applied for her dependent H4 visa and still they are asking her for her current research, funding, position and purpose of travel even though she is neither working nor studying. Please suggest what relevant specific answers should I provide to the earliest as her US arrival is getting delayed because of it. In 221g form, below are the answers we both think should be put but we want to make sure we cross-check from here as well. Please advise the next steps to the earliest as this is extremely urgent! 1.) Invitation letter from company (pdf) Invitation letter from husband (pdf) 2.) Resume: in word format 3.) Research: Currently, I am not doing any research. Previously had to do mandatory internship as part of graduate coursework of Master’s course in Biotechnology at xxxxxx University. As part of this internship, I performed: - A (for example purposes) - B - C - D - E 4.) Position: I am not working currently. I am going to be a homemaker and will support my husband in day to day activities and household work. 5.) Purpose of travel: The purpose of my travel is to live with my husband together in our home located at xxxxxx (recently moved space) and help him in household activities and support him in daily chores. 6.) Itinerary: I am going to stay with my husband Jatin Bhatt at our home located xxxxx. 7.) Funding: I am not doing any research so do not require funding at all. My husband (spouse) is going to cover all the expenses including, but not limited to, my travel ticket from India to US, financial responsibilities, medical insurance, housing and food. 8.) Travelers: None. I am traveling alone. 9.) Travel: Dates of stay in Canada: MM/DD/YYYY to MM/DD/YYYY (we went for my wife’s F1 visa stamping and my H1-B visa stamping extension to US consulate in Ottawa, Canada last year. I will put the exact dates here.) Dates of stay in India? (Do we need to put the dates of stay in India? Also as they are only asking for international travel apart from US and we have Indian passport so will India travel come under International travel?. Please advise.) 10.) Apart from the attached documents, we are also planning to send my wife’s Master’s degree certificate, transcripts and Bachelor’s degree certificate, employer letter, 4 professional references. Is there any other document that we need to send? The consular told verbally to my wife that he needs detailed information related to her research, day to day activities of her internship and resume. Please advise on this to the earliest!!! This is urgent! Thanks much in advance!!!
  12. @pontevecchio: So what I am understanding is - If my H1B is vaild beyond the first 6 years, I should be fine even if my employer B files PERM after that initial 6 years period? And new PERM can be filled 365 days before the H1-B expiration date in 2017? @MeghaD: I am trusting them but just wanted to confirm as I have heard stories and known people where the employer attorney's do misled them. And I trust this good forum here where people at least selflessly help out other folks sailing in the same boat! Thanks much!
  13. But what about my labor with the new Employer B? Whenever they will file (after 6 months hopefully), I will have my previous labor voided right? So even though I have got a 3 year extension, shouldn't it be the case that labor be filled with the new employer before 365 days of 6th year ending date? I might be missing something. Could you please clarify or elaborate more on what you mean to say pontevecchio? Thanks much!
  14. Hello there, I had a question regarding my immigration case and wanted to put this question out there seeking help and advise. 1.) I have my H1-B visa stamped on passport for first 6 years expiring in Sept 2015 with previous employer A. 2.) PERM went thru and I-140 approved with Feb 2013 priority date with employer A. 3.) Recently shifted to new employer B, H1-B visa got approved with new I-797 having expiration for sometime in 2017, started working for them with the understanding that they will start my GC as soon as my H1-B gets transferred successfully. 4.) After starting with them, Employer B attorney now say they have a "standard" wait period for 6 months to start my GC process meaning they would have to file my Labor, get the PERM and then get my I-140 in process after 6 months of my service. My question is: 1.) If I wait for 6 months starting Oct 2014, employer B will then file my labor around April 2015. PERM/labor will take around 6 months which will end in Oct 2015 to arrive and then they will apply for I-140 with the earliest priority date. Will this be an issue as my first 6 years are expiring in Sept 2015 itself and per the 365 day rule, PERM needs to be approved by the current employer 365 days before your 6th years ends? Am I correct? or am I missing something? I asked the same question to the attorney for employer B and they responded as below: "You will reach your maximum stay in H status on Sept 2015. You have an approved I-140 petition with a priority date of Feb 2013. As such, since a PERM was timely filed on your behalf by your prior employer A, you remain eligible to continue extending your H in one year intervals beyond Sept 2015 until you receive your green card. You retain this benefit even if your prior employer withdraws the approved immigrant petition (I-140). In addition, if your prior employer does not withdraw the approved immigrant petition (I-140), you remain eligible for three year H extensions until you are able to file the last step of the green card process. Therefore, at this time there are no issues with your status and your ability to maintain work authorization. Since you have been in the U.S. for a number of years, we will follow our usual process and file a PERM for you as soon as we can and we will request your early priory date." Please advise to the earliest. Thanks much !! Appreciate the time and effort in advance.
  15. Hello All, I have below scenario for my wife: 1.) F1 stamp is expiring on 15th May 2014 2.) Applied for OPT at her university starting from July 2014 3.) Converted from H4 to F1 visa back in 2012 using I-765 form. 4.) H4 visa stamp valid until September 2014 The questions I have are: 1.) Will she be able to travel to India after 15th May 2014 and arrive before her OPT starts in July? 2.) At the port of entry, will they allow her to re-enter USA on her valid H4 visa? 3.) Which visa status will she be on during the phase after her F1 expires and before her OPT starts? Please advise to the earliest convenience as we have to travel to India for urgent reason and have to book tickets. Many Thanks!