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Found 25 results

  1. Hey all, I have received my EAD (pending GC), but my wife’s EAD and GC are pending. Currently I am on H1B and she is on H4. If I use EAD for a new job, my H1B/her H4 will get cancelled. Will it be okay for her? Will she go out of status since her GC is not approved yet? thanks for your help!
  2. Hello everyone, I am currently working as a scientist & my H1B expired on 08/12/20 but my lawyer applied for extension and its still pending. Also my I140 was also recently approved so I can apply for permanent residency. My priority date is actually current as EB3. I recently got married to my fiancée but have not filed yet because I was hesitant since the green card I will get thru sponsorship will be for 10 years while the green card thru marriage will be for 2 years. So I am asking advises to see what would be better: File green card thru marriage or with employer? Another thing is the attorney said that I am responsible for all the filing fees & the attorney fees (about 4500$) which I thought the employer would pay. Any advises you have on this case please let me know.
  3. I am little confused whether my expedite request approved or not.The update in the uscis site seems confusing.Here is the update I have Requested Expedite request on 07/19 On July 19, 2017, your request to have your case expedited, referral number T1F*********CSC, was assigned to an officer for response. After waiting 5 days my case updated with the below two updates. On July 24, 2017, we sent a response to your request to have your case expedited, referral number T1F********CSC. On July 24, 2017, your request to have your case expedited, referral number T1F********CSC, was completed. Does the last update mean that my expedite request accepted for the process or I have to wait for the response as they mentioned in one of the updates above. Your inputs and experiences on this are highly appreciated. Thank you.
  4. My H1b got picked up 2018 but it was denied due to complications with Specialty Occupation. Later my employer and myself decided to raise MTR and it was filed in Dec 2018, In February 2019 the case EACXXXXXXXX updated with "Case Was Transferred And A new Office Has Jurisdiction". After one year waiting game, exactly last week of March 2020 this case was updated with "Case Was Relocated From Administrative Appeals Office To USCIS Originating Office" . At this point I don't have any clue on what going on with my case, to be honest I have very little hope on this case. Guys plz help me if you can provide any info about similar cases ? or is there anything I can or my employer do at this point ? Any suggestions will be helpful. thank you
  5. Hi everyone, Does anyone know or have experience with filing AOS and H1B concurrently? I'm working in the US under F-1 STEM OPT, and my EAD card will expire 7/11/2020. I was very lucky to get selected in the H1B lottery with normal cap this year (after 2 years not getting selected), and my employer is filing the paperwork for my visa. I haven't heard any news yet about interview or if the petition is complete. Under cap-gap, I will be able to work with my current EAD until I get the final result for H1B visa. At the same time, I am recently married to my US citizen husband, and we are considering filing for AOS for green card. If we file for AOS now, would that cancel my H1B petition? If so, should we wait until I get H1B visa result and then file for AOS? The idea is that if I get the H1B visa, in case our AOS application got denied we would still have time to resubmit AOS petition. Or should we file AOS now? I fear that my H1B might be denied, because we made an honest mistake and violated the 90 days guidance. I visited my home country for 2 weeks in Feb 2020, and entered the US under a renewed F1 visa. About 6 weeks later, my then boyfriend proposed while we were quarantined at home and we got married within 90 days of my last entry. I'm afraid that USCIS will consider this as a visa fraud and either way both my H1B and AOS will be negatively affected, if not denied. In short I just realized I completely messed up my chances and am panicking. Any help or advice is very much appreciated! We're also seeking immigration attorney's help this Monday, so referral are very welcome.
  6. Hello Everyone, Hope all are in good health. I am new to the forum & have following questions on H1B visa filing for this year. Once someone gets selected in the registration lottery as per the new system in FY21, the employer has to pay all applicable H-1B fees irrespective of the petition is filed or not? Any such rule changes from this year? Can employer avoid filing the petition for candidate selected through new registration lottery system ? I appreciate your response. Thanks
  7. I am L1B visa holder and completing 5 years stay on May,15th in USA. I have I94 valid until Mar 2021. As per the guidelines L1B period is 5 years (3+2), however USCIS granted me 3 years extension instead of 2. My question is- what are my options to extend ( 1~ 2 months ) my stay and work permit beyond May 15 in current COVID situations? Per USCIS instructions for special-situations- Submit extension- which is most likely not an option for me as I am completing 5 years of L1B. Submit Change of Status (COS)- if I consider COS to B2 then I will loose my employment, insurance and other benefits. Can I submit I-129 along with COS to extend work permit? Or since I have valid I94 until next year so would it be legal to stay and work beyond 5 years in current special situations? I have tried reaching USCIS help line, travel(.)gov, nothing helped. Any suggestions on this would be greatly appreciated.
  8. Hi, I am on work visa working in Us for last 5 year. spouse recently filed for N400. should we wait for her to become citizen to file for my GC or should we file based on current GC. read that date for F2A are current. apart from its stopped for covid . not sure what category we need to file and should we wait for citizenship or just file right now. Thank you for help.
  9. I worked for a company for 6 months when I heard that it's being acquired by another company, in the next 3-4 months. Since the date of merger wasn't confirmed, I applied for STEM OPT under the old companies name. The merger took place on January 1st (My new start date) but my STEM OPT started on 4th Feb. So I got my STEM OPT approved for my old company (company still exists after merger but dormant). My H1B got picked this year with the new (merged) company. How should I let the USCIS know that I work for the new (merged) company. My advisor is telling me to put a different start date (other than Jan 1st), after March (so that it would look like the merger happened after I received the STEM OPT). But my H1 application was filed on March 15th (and got picked for this year) and the new offer letter (after merger) states that start date with new company is January 1st. Would really appreciate any help.
  10. Hello, My employer has filed for H1B this year and got an RFE to provide client letter (Employer-Employee relationship). I'm currently working in EVC (Employer - Vendor - Client) model. Here the client is State Government firm. The client says they cannot provide letter on their letter head as it's against their policies. The employer says providing client letter would be strong case. I'm sure this is the case with all federal government agencies and though H1B still got approved working for them without having client letter. Please suggest what are the other alternatives for getting this H1B approved. I'm very worried. Please advise. Thanks in advance!
  11. Hi, my work experience is different from my bachelors degree, because after graduation I had to take any work which was available at the time. Will this be a problem when looking for a work visa sponsor in the us. Thank you.
  12. Hi everyone, I am positing behalf of my friend. My friend got 221G for his H1B visa interview and asked to submit the documents. He went for interview on 12th March and VO seems to be happy and asked to submit the documents and he submitted them. After the interview his case was updated to "REFUSED" and on March 19th it changed to "Administrative Processing" and on April 2nd it changed to "REFUSED". Now my friend is stuck in India as his passport is with embassy. Is anyone facing the same issue changing from AP to Refused after US closing the embassies in India or other countries? March 12th - Interview March 12th- Refused March 19th - AP April 2nd - Refused
  13. I'm currently on a temp j1 visa for 6 months, I just started so I basically have the full 6 months. I am not subject to the 2 year home residency requirement. My employer has immediately started my h1b petition and I am cap-exempt, I am also paying for premium processing. But with the coronavirus outbreak, I am worried about the possibility of my approval taking longer than average. What happens to me if my visa expires before my h1b is approved but the process is already started? I tried to call uscis but I could not get a hold of anyone. Thank you in advance.
  14. Hello everybody, I am currently living in the United States and working with an H1B visa. My company recently offered me an option to get a green card through a sponsorship program. I am sharing my life with another foreigner (we are not married) which does not have any kind of long term visa for the US (F1). My question is, how can he get the benefits of my (supposedly) green card ? Do we need to get married before, during, or after the green card application process ? I've been told the Green Card process in my case would likely take 2 years, so how much time would that take for him to get the ability to work and travel freely from and to the United States ? Thank you for your answers !
  15. Situation: I am currently in US on L1B from Employer A (petition and I-94) valid till Feb 2021 and would have another 2 years to max out (Feb 2023). My current employer is not supporting to file H1 B, so I want to apply for H1B consular processing through another employer B this year, so that I can initiate PERM/I140 and secure an early priority date. I understand that with consular processing approval, USCIS would give me I797-B (without I-94), which means I can continue to work for Employer B, till I re-enter US with H1B visa stamped on passport. Assuming my H1B would be picked & approved in 2020 with 2-3 years validity, I have below few queries: Questions: 1. Can my H1B (which would be approved for Employer B) be transferred to Employer A, while I continue to work for Employer A? 2. How long can I wait (and continue working for Employer A on L1B), before going for H1B stamping and start working for Employer B (assuming Employer B would not revoke my H1B anytime soon). 3. Can I change employer i.e., work for Employer C immediately after I get H1B stamping done? Thanks for your feedback.
  16. Hi! I am a UK citizen planning to travel to the US in a few weeks. I entered the H1-B work visa lottery in 2017 and was found eligible, but lost the lottery. For ESTA purposes, would this count as being denied a visa? i.e. am I still eligible for ESTA travel and can I answer "no" to if I was ever denied a US visa?
  17. Hi, I am in a little bit of a messy situation. I am a graduate student in Ireland. This summer I have visited UC Davis for three months with a J1 visa. I received partial funding from Ireland, however I am not an Irish citizen. Now I got a postdoc employment offer and I need an H1B visa. I was advised by employer (Penn State) to request an Advisory Opinion from the US State Department, to determine if the consular officer made his 212(e) judgement in error. Since my funding came from the Republic of Ireland should not have been entered into SEVIS as “Home Government Funding,” and therefore should not have subjected to 212(e). Is this the right way to go? If I apply for a waiver I need to get No Objection Statement from my home country (Bosnia and Herzegovina). I have not resided in Bosnia in the last 7 years and they have nothing to do with my funding. I have filled in the application tor the Advisory opinion. I was wondering if it is advisable to amend the accompanying self-generated letter to explain my situation, and attach a few documents? I was not able to input the I-9 number because it contains a letter and the system would not allow me. What should I do? Best, Mladen
  18. Hi everyone, Few tricky questions that my attorney couldn't provide solid answers. I would like to know if anyone had similar experience, and willing to share with me. Do my H1-B status change to green card right away after the interview per say no issues during the interview? If not, does that mean H-4 can still travel on H-4 visa before H1-B receives the actual green card? My husband is on H-4, and I-485, I-765, and I-131 were filed early November. He now lives in his home country, and travels back and forth to the US whenever he has a vacation. So long story short, my I-485 interview is scheduled in late February, and we are trying to figure out if there is a way for him to be able to travel internationally until June other than rescheduling the interview. We are still waiting for his I-131 to be approved or denied since he traveled overseas when I-131 is pending. Anyone's I-131 was denied due to overseas traveling, or anyone's I-131 was approved even you traveled overseas when I-131 is pending? Thank you very much for reading.
  19. Can a person holding a B2 visa apply for an H1B working visa?
  20. Hi, I thank all the altruists for being so helpful. I have a situation and am seeking for help. My wife is applying for my greencard through spouse (US citizen). I am on my H1B visa, working in a company in Dallas, TX. I am seeking help to fill out my i 864. As my wife is a graduate student and works part time thus does not meet i 864p requirements. I want to incorporate my income to fulfill the requirement. I heard it is possible but am not sure how. 1. Should I complete I 864a as a household? or just include/add my income with hers on i 864? 2. We got married in September 2019 and has not passed 6 months of marriage. Is that an issue for inclusion of my income to meet i 864p requirements? 3. If I can include it, how? I am seeking a bit of specific answer like reference to the part, item no in the i 864 form. 4. I renewed my passport in the USA and never left usa. my i 94 doesn't recognize my old passport that has the usa visa (F1), although I am not on F1 anymore but has switched to H1B. While we fill up our forms, should I just provide my new passport number? or should I mention my old passport number on the additional information part at the very last of each forms? Also, I am looking for someone who can review my forms and packages just before I submit them. Does anyone knows a way of that service. Till now I have witnessed that Attorneys are usually all the way in or out no review services. Thanks, Saif
  21. Hello, I am on H1B visa and come to US in 2016. I recently got married to US Citizen in November 2019 and am now preparing my AOS I-130 and I-485 package. I have couple of questions: 1. Does form I-693 needs to be completed and sent with I-485 package. I have been reading contradicting comments where some said it needs to filed with I-485 and some said it needs to be presented during interview? 2. Does USCIS fees for AOS increasing in 2020? If yes then by how much? Thanks for the help.
  22. Hello, please redirect if it has already been asked. I am on H1B visa and is applying for I-765 EAD based on spouse of US citizen. I am currently in US. What do I fill in Eligibility criteria?
  23. HELP!! My employer, a non-profit organization affiliated with a university, just received an RFE questioning if they are "cap exempt or not". So the RFE basically asks for more evidence that the organization is doing more substantive research work and that is more closely affiliated with the university than just having a publishing/research contract with each other. I am super nervous since I haven't been able to find online any similar case of RFEs for H1B and I don't know what to think of it. Any help will be appreciated, from pointing out other resources online of how similar cases have been resolved, or if you had a similar case, what was your experience? Thanks everyone in advance!
  24. I work currently in company A which filed for my H1B this year and got approval. Company B applied for transfer in Oct and has received the approval, but start date for Company B is Jan 2020. I'm planning to travel to India in Dec to get my H1B stamped with Company A. I'll then return to serve notice period. Is there any risk in appearing for H1B visa interview with 2 approvals? Any way to ensure no issues are encountered?
  25. Hello, I created this thread so people can share their experiences and time line from the date they sent the documents to the Interview! It is very hard to find information about this process related to Employment Base visas! Please post your timeline and experience at the interview! Thanks.
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