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owlold

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About owlold

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  1. owlold

    H1b visa with expired I-94 for 170 days

    I confirmed from another blog that its alright to stay till Dec, 2015 if only too many of the other ticking clocks like I-94 wouldn't drop dead.
  2. owlold

    H1b visa with expired I-94 for 170 days

    Also -- It took me time to realize that this thing went into consular processing. An attorney from a new employer (who threw my candidacy out btw) told me how this had gone into consular processing When you are called for a consular processing, how soon should you leave ?
  3. I stayed on H1b visa with expired I-94 (previous employment) expired June 30, 2014 per the bottom of the I-797 record The recently approved I-797 for H1b is valid till Dec, 2015 but requires consular processing Employer fired me, it took me several months to get the original copy of 797 and to realize the gap in I-94 My attorney advices me to leave country before I reach the 180 days that would bar me for 3-10 years from re-entry If I return now, is it a guarantee that I will not be barred ? Regards, Arti
  4. owlold

    Executive Action

    So what is the executive action for Green card ? I am going to apply for AOS from H1b to GC through marriage. Is there any process improvement there ?
  5. Is it true that we can't travel to India when AOS for H1b to green card is under progress ? It takes a good 3-4 months to get that piece of paper at a minimum. Is there any exception that can be produced for marriage based AOS ? (note : My H1b has an expired I-94 and I am returning because I don't want to risk the 180 days window of expiry) Regards, Aarti
  6. By clients, I mean companies like BNY Mellon, JP Morgan Chase, State Street to name a few. The question is, can an attorney provide ill-advise about a candidate's H1b status to a Client who relies on make a decision after selecting the candidate for a job after several rounds of interviews ? The ill-advise can include assumptions that USCIS may reject the H1b transfer, estimating the probability in terms of pass/ fail predictions. 1. Scenarios like missing 1 month payroll : The Attorney advised the client that the selected candidate for VP role is "illegal for sure" and needs to be deported 2. Scenarios like H1b is under consular processing : Attorney advised client to terminate candidate's visa and offer a one way plane ticket with employment termination letter. 3. Scenarios like previous H1b is under consular processing : Attorney advised the client to not select the candidate even though the HR is very pleased and is about to send the offer letter. Attorney "assessed" the H1b and legal presence internally and decided that instead of offering a new petition or transferring the H1b, it is good for the client to reject the candidate, therefore informed the candidate that this person is illegal and should not be selected There are numerous grounds on which a Legal valid H1b is deemed illegal because of these attorney's lack of knowledge (or) alleged 'patriotism' which is not fruitful because they are depriving US govt the tax money which their illiteracy couldn't compensate for. I want to find a way to sue the hell out of these attorneys. The 'waste' or 'loss' could be estimated by the budget the project had allocated for this role. I have had 18 rejects so far by major firms that have these 'jalra' attorneys who are uneducated, steal degree certificates and trade I-797 for sure. While not everything can't be confiscated and proved, I have some recorded audio on my cell phone. Please advise, I am ready to go to any extent to shut them up !
  7. My current employer applied for an H1b transfer and got the approval notice but it had missing I-94 at the bottom. Soon as they received the I-797, they terminated my employment with effect immediate. I had no information and was emailing them constantly in attempts to obtain my I-797 copy. Even after I obtained it, I did not notice the bottom portion keenly to see - all I saw was approved and valid till December 2015 and was content. I got a new offer from BNY Mellon and they expressed interest in transferring visa after an interview that lasted almost a month worth of travel for interview. The Attorney representing BNY Mellon made an "assessment of visa" and informed me that I am ineligible for H1b transfer because the missing I-94 indicates that I should have gone abroad for consular processing immediately and since I was not informed by previous attorney, I now have to find a lawyer. I consulted many attorneys and found that I can try to apply for H1b visa transfer again and if that yields in consular processing, I can leave then country and come back. Again, that can also lead to a permanent 214f rejection during consular processing, they may even bar me for 10 years because of loss of paystubs and being unaware of situation. Please advice on whether I can use this H1b copy that has missing I-94 to do another transfer
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