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H1 Transfer vs. H1 Extension

My friend is currently on H1 in US and her visa expires on 15-May-09. The H1-B visa extension process has been initiated by her company-A and it has been filed with the USCIS on 02-Dec-08 and the case is pending and under progress. Looks like the expected date for processing the application is 2 months ideally and hence, the new I-797 petition might be received by March 09.

Due to the current economic situation, the company-A has requested her to go back to India by this month end (Feb) and she also has to go back to India for attending to her some personal affairs.

With this background, she is considering 2 scenarios:

1) Transfer H1 visa before leaving US and enter USA through company-B. In this case, she is concerned whether USCIS will notify the current company-A about the transfer. She wanted to work with company-A till she is in India and hence she feels that it might cause confusion if USCIS notifies company-A about the transfer. Also since Company-A has applied for H1 extension, what will happen to it.

2) Going back to India as per company-A (to continue working for Company A) and try to get the Visa extension stamped and if possible find a new project. In this case is it possible to do an H1 transfer being in India? Or
Is it that she will have to apply for new H1 thro' company B and go thro' the lottery system or will her new H1 (extension petition) will be considered valid.

Kindly suggest the pros/cons of each of the above mentioned scenario and guide in resolving the above confusion
 
H4 to H1 got denied......

Hi Rajiv
I am Rekha on H4 visa and applied for H1 and USCIS has sent a denial notice. My employer did not respond to me in last 6 months and all he told me over the phone was EAC number. Somehow last week I managed to get the query document from him, I strongly believe that my employer never answered the query and he is trying to bluff me saying that he answered it and he received a 2nd query, because the case status was never updated online. I found out in forums that we can launch a petition, if not what options are left for me???
-> If there is a chance to launch Petition should that be done by my current employer or can any other employer launch the petition and turn in to their H1 by answering the query even though my case was never approved??? your help will be much appreciated.

Thanks
Rekha
 
Ac21 and Self Employment

Dear Rajiv,

Here is my situation
I-485/140 applied August 07
both are pending past 180 days.
Have EAD

Laid off in Jan09

-Since my 140 is still pending, what happens if my employer withdraws it ?
-Do I get any kind of notice from USCIS about providing evidence of new empolyment or should I file AC21 before I hear anything from USCIS ?
- since getting a similar job may not be possible, I am thinking of self employment in the my own field so that I can produce a letter of job description myself. But the problem is I may not have income for few months when I start looking for contract work. so how should I go about proving that I have a legitmate self employment.

appreciate your help
 
Travel to Canada with H1 stamped and H4 Cos approved

Hi,

I have a H1B visa that expires in April'09.
I lost my job in Nov'08 and filed for COS to H4 and was approved.

I am planning to travel to Canada for job interview.

1) Can I travel to Canada and get back to USA without H4 visa stamped showing my H1B visa and H4 notice.
Can I use AVR rule in this case ?


Thanks,
Sandy
 
Validity of approved H1-petition while on H4

Hi
I've applied for H1-B for my fiance (who later became my wife) in April 2008. We got married in mid-April and she came to the US on H4. Consequently, her H1 petition got approved. Since at the time of applying, she was NOT in the US, no change of status could be filed. She did not apply for any COS and she's still on H4. In this context, I've the following questions:
1. Can she travel to India on H4 and come back on the same (h4) and still have her H1 valid (with respect to approval) so that at a later stage she can do a COS?
2. Should she change her status to H1 and then back to H4 to keep her H1-B "alive" (meaning further application for H1 not counting against quota).

In short, is there any way for her to save her approved H1 petition and continue to be on H4 (even to travel over H4) till she finds a good opportunity?
 
H1 transfer and wife on H1 but no salary slips

Hi Rajiv,
Looking forward for your suggestion. I'm here on H1, trasnfered my H1 last year to my current employer. I just completed my assignment. I have learned that my Employer asking Consultants whoever on bench to either go back India or leave company with in one month. So I think I have hardly one month time. In that case, I wanted to tranfer my H1 to any other consulting firm. My questions here are:
1. Since the current employer is relatively stable company, I wanted to stick around until they ask me go back or leave, then file for H1 transfer. How is the USCIS approving the H1 transfer cases now? Is it better filing transfer on premium or regular processing?
2. I have learned that these days USCIS is stringent in H1 transfers. In this situation, please tell your recommandation on how and when my H1 transfer should be initiated so that it will be smothly transitioned? How to handle the situation if by some reason I get queries when I file H1 transfer?
3. My wife got H1 this year and her H4 to H1 status done.(Still awaiting for SSN). Her employer hasn't run any payslips since she didn't get into any assignment. Is there any legal implications to her if I transfer my H1 as she was on H4 erlier. Any recommandations to her?

Regards
Kiran
 
Indian 498a (Dowry law) and its effects on Citizenship

Rajiv -- Thanks for this excellent service. We all appreciate your help.

By the time I got married I was eligible for I-485 stage of my green card processing. So I applied green card for me and my ex-wife under the employment category. We got our GC in 2003. In 2006, I found out that she is having an affair with her ex-boyfriend from India who lives in Canada. He used to visit her on the weekends. We thought of getting mutual divorce and filed the papers in USA. Subsequent to the filing of the papers, she traveled to India for her brother's marriage and commenced a legal action against me and my family (With whom she never lived) related to the marriage (498a - criminal complaint). The reason for it was we exposed her affair with ex-boy friend to her parents and relatives (I collected some proofs). We never went to India after the marriage. I still don’t get it how the hell Indian govt. will allow the case to be filed when she never lived with my parents or siblings. I guess life is unfair.
After going through some court dates in India we were well positioned to win the case. Then they approached for the compromise (How convenient?). In lieu of time we accepted the offer. She withdrawn the case in India and we got the divorce in USA.

Recently I applied for Citizenship. In the application, I clicked yes for the following question
“Have you ever been charged with committing any crime or offence?”

I have the 498a case quashed/dismissal documents from India. I also have a Martial Settlement Agreement which has the clause to withdraw the Indian case as the part of the compromise. I do not have any prior history with law neither in India nor in USA. It is unfortunate to get mingled in love affair and thrown out on the street for no fault of my own.

Here are my questions

1. Will USCIS give me grief about my case in India? (There is no equivalent offence in USA with respect to 498a)
2. If they reject my citizenship application, Will it affect my Green Card which is valid until 2013?
3. What should I equip with for the Interview?
4. What are my chances to get approval?
5. Have you ever done a case which involves 498a?

Any suggestions would be appreciated.
 
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