Discussion in 'Free Conference Call For US Immigration Questions' started by DEEPAMENON, Dec 2, 2016.
Recording for December 15 Conference Call.
I am on H1B visa and 5 year 3 month completed and my H1 B extension is filed on 1st nov 2016 which will take 7/8 months.
My I-140 is approved in 2013 and priority date is also in 2013.
If my project will finish and I have to go to India then :
What will happen to my H1-B extension?
If I will be in India for more than 1 year and change my company and my present company will revoke my green card and H1-B and if my new employer will try to send me to USA then can they use my old H1 B and as per new I-140 rule can I extension my old H1 B or my new employer need to file new H1-B visa ?
How new I-140 rule will work in my present conditions? My project is ending in march 2017 and my company is trying for new project but not sure when they will get it. if I will not have project and my extension is pending then do i need to go to India after March 2017 ?
My friends told me that best option for me to file extension in premium.
I try to read I-140 so many times but I am not able to understand it properly, is it possible to explain it in details with some examples for main points.
I am on H1b(5th year) and my 140 is approved in mar 2016.
If I change my job after 17 Jan 2017(after new ead rule is out) can my employer revoke approved 140? If yes will it affect to my priority date and approved 140. My wife also have approved EAD will there be any impact to her approved EAD?
I am a GC holder and completed 4years 3 months in USA and need go to out of USA for 6months. Am I eligible to apply for citizenship immediately after coming back to USA?I believe by that time i will be completed required 4 years 9 months period as a LPR as one of the main requirement for filing Citizenship?
In case if i need to stay for more than one year outside with re-entry permit,Can i still be able to file for citizenship immediately after returning back?
Thanks and i appreciate your valuable advice.
I was working for Employer A on H1B with valid EAD and pending I-485 for more than 180 days. I changed my job to Employer B with H1B transfer along with AC21 filing after two years.Now Employer B has applied for H1B extension and got an RFE from USCICS saying that my employer A revoked my I-140 and asking for I-140 Approval(My employer already sent approved I140 document along with extension documents). Do I have a chance of I-485 denial in this situation when my PD is current..? What are my backup options if I get an RFE about my 140 revocation when my PD is current. Please let me know what are the backup options in my situation and how to get H1B extension. Even how many days I can stay in USA after deniel of I485 application.
I read a section of "yates memo" that says the H1 extension is based on a green card thats pending because there is no visa number available. If there is no immigrant visa number available the person is entitled to get extensions. And if the person is entitled to wait for a number to become available at 485 stage even though I-140 was revoked after passing 180 days then that person should also remain entitled to get H1 extension based on a pending 485 application. Is this statement true ?
Thank you for your time and answering my questions.
I am a US citizen and My sister lives in Bangalore. She is married and has 2 kids (minor). Her husband has been abusing her physically and verbally for almost 15 years and now she moved out of the house with the kids and living alone for almost 0ne year. She hasn't filed a case legally for other reasons.
I want to bring her and her kids on a tourist visa to US. Since the kids are minor,
1. Do I need a no objection letter from their father?
2. Because of vindictive nature, I am afraid he may not let give no objection letter. Is there any other way to apply for visa.
I hope there is a solution and any help would be greatly appreciated.
Hello Mr Rajiv,
I'm on H1B with approved I-140 (approved over 5 yrs ago). Since then have been with same employer A. My H1B has expired recently and an extension was filed before expiration by my current employer A. I'm still awaiting petition approval (normal processing).
There have been some recent situations surfaced with employer A and it doesn't look good to continue with them anymore. I now have an offer from employer B which I want to pursue. I understand that safest way is to get extension approved through employer A via premium processing and then apply for transfer with B. But, I do not want to upgrade to premium with employer A due to recent issues in the company. I do not want to risk the results of the application, given the current situation in the company A.
But here are my questions regarding if I directly go with H1B transfer to new employer B (I will be doing premium processing with them) while extension is pending for employer A
1. I suppose, I can apply for transfer with employer B using bridging process since my petition has already expired and the extension is awaiting results.
1a. How risky is this?
1b. How many years of visa can I expect with employer B?
1c. Does bridging always comes without I-94 on it and do I have to travel outside/ home country and re-enter before working for new employer B?
1d. With bridging, does the result of employer A extension petition in anyway impact H1 transfer with employer B?
2. If I proceed with 1. above, then what happens in the following situations.
2a. If transfer to employer B is approved and I start working, later on my extension with employer A is denied or revoked for any reason? would I then be out of status and cannot work with B as well? I mean does my approved petition with employer B also gets denied/revoked?
3. Would I be able to use my current I-140 from employer A and port to employer B to retain my dates and continue processing GC with them irrespective of my extension gets denied/revoked by employer A after transfer is approved with B?
3a. If I do 3. above. Would there be any impact on my GC processing in future with employer B, if for any reason employer A gets into trouble in future?
4. Do you suggest to start new GC process (really want to avoid this to the amount of time I will be losing 5+ yrs of wait) with employer B to be completely safe. Even in this situation would there be any future issue with my GC due to past association with employer A?
I filed my I-485 EB2 ROW application in July 2016, and it is still pending decision. I called USCIS on Fri 2nd Dec and was informed my file is under Extended Review and a SR was created to get further response from USCIS but no reply so far.
Should I be worried that after 5 months since filing that my application is in Extended Review? Any idea if USCIS will let me know why it has been selected for Extended Review and what time delay this will cause?
The reason I ask about the time delay is because in Jan 2017 I am eligble to file for my Green card as I was selected in the 2016-2017 Green card lottery. My Rank number will be current in Jan 2017. Can I have 2 I-485 filed at the same time? Will the Green card lottery filed I-485 process quicker or does it go through the same process as regular I-485? Just weighing up if it might be worthwhile filing the 2nd I-485, if first one will be stuck in Extended Review for months.
What are your thoughts?
In a follow up to me previous post, I am on L1-B visa and have my I-485 filed with NSC which is under Extended Review. I used my Advanced Parolee Travel document on my return to United States from Canada recently. If I file my 2nd I-485 what needs to be entered in following questions in I-485: Current USCIS Status and In what status did you last enter?
Hi Mr. Rajiv,
My previous employer I-140 was revoked after I moved to new employer, I stayed with my previous employer more than an year after the I-140 approved. With my current employer I-140 was ended up in denial after RFE and NOID due to educational evaluation. My PERM and I-140 was filled in EB2 and I have completed MCA and BSC (3+3 full time).
As per my company immigration team USCIS is not accepting MCA as master degree and so that the reason they have denied my I-140.
My question is H1B is going to max out in May 2017, I have just another 5 full months for max out. What are the best options that I can take now? Refile I-140 with the current PERM or apply new PERM by checking yes to this field "Is there an alternate combination of education and experience that is acceptable?" because this field was checked No on my current PERM, so that I believe USCIS is not accepting my education as master degree but my company immigration team is not agree with this statement.
What all other options to get my H1B 7th year extension? Please advise. Thank you for your time and help.
I am currently working in a Mining Industry with a Master's Degree in Environmental Engineering and waiting for the 5th term H1B extension approval, with received date Aug 29th and notice date Sept 1st, as my previous (4th term) H1B expired on Aug 31st 2016. On other note, I have filed my I-485 AOS in 2012 and since then, my spouse & myself possess EAD (w/ advance parole) with GC priority date @ March 2010. I preferred to stay on H1B with the current employer until my GC is approved.
Questions related to current situation:
I am looking for a new job in a different sector such as manufacturing, chemical and Oil & Gas industries. With my current GC applied under Environmental Engineer occupation, would I have to stay in the same occupation and ensure my job description is similar with the prospective new position?
With EAD in hand, is it possible to apply for jobs in different occupation? And not worry about renewing H1B as it is hard to find a sponsored job in the current economy for Engineering positions.
I hope the above details and related questions are easy to comprehend. In need of more information, I can certainly schedule an appointment with your office to have a phone conversation.
Thank you for your time,
My l-140 was approved more than 6 months back. If I move to a new employer right now and if my employer does not revoke my I-140 until Jan 17th, will they be able to revoke it later?
Hi Rajiv Ji,
Thanks for all the help you are doing.
My I 140 is approved in 2013 and H1-B 5 year and 3 months are completed
I have Important question , after 17 Jan 2016 , my any chance i loose my job and my employer revoke my H1-B and I 140.
1. Will i get some time to find new job and new employee to transfer my H1-B
2. after my employer revoke my H1-B what is time line I can still transfer my H1-B visa with new employer
Can you please advise me for the following questions ?
1. Planning to transfer from H1B to H4, I-140 approved with Jan2015 priority date. Can I keep the priority date after I change to H4? Intend to come back to H1 after few months.
2. Currently I'm 7 months pregnant and I work for a consulting company (employer) on H1B visa, Can I take maternity leave on H1B? If yes, for how long? will it be a paid or unpaid leave?
If not do I need to convert status from H1B to H4? If yes, can I change it back to H1B and work again or need to apply for a fresh visa?
Hello Rajiv Sir
Brief details of my case.
1) I filed my I-485 (concurrently with I-140) in July 2007 under EB3 ( PD is Nov 2004) and GC approved on 09-01-2016
2) Filed I- 824 in Sep 2007 for my children and wife. The same is approved in OCT-2016 and sent to NVC for further action retaining my PD as NOV - 2004.
3) I called the NVC (National Visa Center) many times and inquired the status of my petition and all the time I getting the same answer that, " the application is pending for apply of CSPA formula " and there is no time limit to NVC complete this process.
4) My children are aged out and now 24+ years old and they are in India and they are all Un-married, as of now.
5) I forwarded the link and PDF copy of " 18A- Immigration Law and Procedure 9 FAM 500.pdf " for their use, with details requesting to process my petition at the earliest as I am separated with my family due to retrogression of EB3 PD.
6) Still NVC officials have not processed and did not send me the immigration document pocket and status remain same. ( this is as per my consultation with you in November -2016)
A) What shall be my next step to get my application get my petition processed expeditiously.
Please find below my case details-
I am on H1B for my current Employer (A) and this is my second year in the US(first landing date may 2015).
- I have a valid petition / visa till Aug 2017 and my first 194 was valid till Aug 2017
- I was on a vacation ( to India) last year (dec 2015) and at the port of entry the CBP officer gave me a New I94 date as 05 Dec 2016 as my passport expiry date was 05 dec 2016
- My passport was renewed in Sept 2016 and my current employer A filed a visa extension on Oct 25th 2016 to extend my I94 hence the Visa.
- This extension plus ( amendment) is filed as normal processing which will take atleast 7/8 months.
- I was looking for a new job and found a new employer (B), however, this employer B mentioned that since my I94 is expired and extension is in progress, they cannot transfer my visa.
thus i am now in a situation where i am not able to change my job.
My current employer (A) will not process my case in premium processing even if i am ready to pay ( due to internal policies) for it unless there is a strong valid business case which is difficult.
Thus i lost my new potential job with Employer( B)
Even though i have a valid visa till aug 2017, Since my I94 is now expired, I would like to know
- If I can change my employer? can the new employer do a file transfer
- Is it legally possible for the new employer to transfer my H1B visa? - if yes the new employer is ready to file the transfer in premium
- to get a new I 94, if i leave the country, i cannot enter back till visa extension is approved- is it true?
- what would be the best possible options to be considered if i want to change the job / employer considering the fact that its very difficult to go for a premium processing of my visa extension by my current employer
really appreciate your inputs here.
Thanks a lot!!
Hello Rajiv Ji,
My daughter's H1B visa was approved this year, i.e., 2016 and she is yet to get her visa stamping done In india. In the present situation prevailing in usa because of government change, would you suggest her to come to india immediately for visa stamping will there be any harm ... can she wait for some time... ( apprehension is .. already there would have been any instructions for not to consider any h1 stampings etc..). Please advise.
Thanks and regards
"Hello Rajiv Ji,
My employer came up saying that my GC process will be done in EB3.
I was wondering whether I fall in EB2 Green card process under Exceptional Ability Aliens, (referring from your site)
These are the documents whichI can provide for Exception Ability Aliens,
1) Bachelor Of Business Administration (BBA) of 3 years from India
2) Diploma in Mechanical (3 years ) , plus Computer course certification
2) 15 plus years of experience in Information technology as full time.
3) Member of PMI (Project Management Institute)
Please advise on the same.
I am on H1B visa and an employer is willing to offer me a full time position with complete work from home option. Is there any risk with H1B-work from home option, assuming that all the documentation is handled correctly?
I was arrested and charged with a summary offence of retail theft in 2011 and I pleaded not guilty and during court hearing the case was withdrawn and dismissed. And later the arrest record was expunged based on the withdrawal of charges. I am on h4 visa I have been to India twice after that and attended visa interview.
I would like to know if there would be any problem if I go to India in feb 2017 and attend visa interview because of the new President elect policies
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