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H1B, H4 Visa
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H1B Visa Question
I am in US on H1B work visa from 2010 (Have EB2 I140 with priority date June 2015, have total 15 years IT exp) and was recently laid off from a full time IT job from a bank on 15-Sep-2020 due to COVID19 mass layoff.
In the termination letter they mentioned I will be in an inactive status for 1 month but I will be getting paid under their payroll until 16-Oct-2020. My last date is 16-Oct-2020 with the bank.
In the 1-month grace notice time I should find another job otherwise I need to leave US on or before 14-Nov-2020 (60 days period).
Fortunately, I got a consulting Job Offer on 05-Oct-2020 via a contracting Software Company and I will be working remotely from my home and after 6 months I will work in client office which is another Bank.
My new employer filled LCA on 06-Oct-2020 (Level 4 wage in Tampa Florida). The salary offered to me was more than the prevailing wage of level 4 wage as of 06-Oct-2020.
However, once the new rule on 08-Oct-2020 came into effect I see the level 4 wage for Computer systems Analyst in Tampa Florida is 187K per annum which is way beyond my salary offered.
In this situation I would like to know the following: -
1) Since my LCA was filled on 06-Oct-2020 and is in process so should I be falling into the old wage structure or I am in new wage rule and is at risk of not getting my LCA certified?
2) On the new H1B filing if my new employer files in normal process and my H1B takes 3-4 months to get to decision stage will I be eligible to get 3 years of extension considering the fact that the H1b was acknowledged before the few USCIS rule came into effect?
Or I will get only 1 year as I am not direct employee of the bank and work at client location and as per the new rule, I will get only 1 year.
3) Is premium processing a better option in my case? My employer is suggesting to go with normal processing and then upgrade to premium after 1 month.
4) Lastly why my old employer is asking me to leave US by 14-Nov-2020 I was thinking it should be 15-Dec-2020 as I will be in their payroll until 16-Oct-2020.Does USCIS not consider the pay stub or it will look into my inactive status period?
Please let me know the above questions.
In the termination letter they mentioned I will be in an inactive status for 1 month but I will be getting paid under their payroll until 16-Oct-2020. My last date is 16-Oct-2020 with the bank.
In the 1-month grace notice time I should find another job otherwise I need to leave US on or before 14-Nov-2020 (60 days period).
Fortunately, I got a consulting Job Offer on 05-Oct-2020 via a contracting Software Company and I will be working remotely from my home and after 6 months I will work in client office which is another Bank.
My new employer filled LCA on 06-Oct-2020 (Level 4 wage in Tampa Florida). The salary offered to me was more than the prevailing wage of level 4 wage as of 06-Oct-2020.
However, once the new rule on 08-Oct-2020 came into effect I see the level 4 wage for Computer systems Analyst in Tampa Florida is 187K per annum which is way beyond my salary offered.
In this situation I would like to know the following: -
1) Since my LCA was filled on 06-Oct-2020 and is in process so should I be falling into the old wage structure or I am in new wage rule and is at risk of not getting my LCA certified?
2) On the new H1B filing if my new employer files in normal process and my H1B takes 3-4 months to get to decision stage will I be eligible to get 3 years of extension considering the fact that the H1b was acknowledged before the few USCIS rule came into effect?
Or I will get only 1 year as I am not direct employee of the bank and work at client location and as per the new rule, I will get only 1 year.
3) Is premium processing a better option in my case? My employer is suggesting to go with normal processing and then upgrade to premium after 1 month.
4) Lastly why my old employer is asking me to leave US by 14-Nov-2020 I was thinking it should be 15-Dec-2020 as I will be in their payroll until 16-Oct-2020.Does USCIS not consider the pay stub or it will look into my inactive status period?
Please let me know the above questions.
All Replies (0)
Next available Visa stamping date
Does anyone know whats the next available stamping schedule at Chennai Location? recent court order on lifting H1 give any hope?
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H4 & EAD Pending - H1B Transfer
Hi,
I am in a tricky situation and need help.
I am on H1B visa (797 & visa stamp on pspt) valid until 07/18/2021 with I-140 approved in EB2 and due to COVID have been laid off. My last date was 08/01/2020 and 60 day grace period ended on 09/30/2020.
I have filed for H4 EAD on 07/11/2020 in Texas Service Center and is currently both in pending status.
I have received offer and was looking for options to come back on H1B transfer using Premium processing.
Option1 – H4 COS to H1 with Premium processing
Will it be possible to file this option in premium processing with H4 EAD in pending status ?
Are their chances that H1B transfer application will get an RFE because H4 is in pending status?
Option2 – H1B transfer with Consular processing
Will it be possible to file for H1B consular processing in Premium?
Since I have H1B visa stamped and is valid until 07/18/2021 will it be possible to leave the US and go to Mexico and come back with new H1B visa or do I need to go back to India and get visa stamped with new H1B visa and then reenter US. Is there risk involved if go to Mexico for a single day and try to come back with new H1B?
Kindly note that we are planning to submit i485 in Oct 2020 with EAD and AP through my wife’s employer in EB3 category as well , so does leaving the country involve any issue to pending H4, EAD + i485, EAD & AP applications.
Thanks
I am in a tricky situation and need help.
I am on H1B visa (797 & visa stamp on pspt) valid until 07/18/2021 with I-140 approved in EB2 and due to COVID have been laid off. My last date was 08/01/2020 and 60 day grace period ended on 09/30/2020.
I have filed for H4 EAD on 07/11/2020 in Texas Service Center and is currently both in pending status.
I have received offer and was looking for options to come back on H1B transfer using Premium processing.
Option1 – H4 COS to H1 with Premium processing
Will it be possible to file this option in premium processing with H4 EAD in pending status ?
Are their chances that H1B transfer application will get an RFE because H4 is in pending status?
Option2 – H1B transfer with Consular processing
Will it be possible to file for H1B consular processing in Premium?
Since I have H1B visa stamped and is valid until 07/18/2021 will it be possible to leave the US and go to Mexico and come back with new H1B visa or do I need to go back to India and get visa stamped with new H1B visa and then reenter US. Is there risk involved if go to Mexico for a single day and try to come back with new H1B?
Kindly note that we are planning to submit i485 in Oct 2020 with EAD and AP through my wife’s employer in EB3 category as well , so does leaving the country involve any issue to pending H4, EAD + i485, EAD & AP applications.
Thanks
All Replies (0)
H4 Visa appointment
Hi All,
I ma in US i need to get appointment for my wife but for that I need to five reason to expedite, Is separation is valid reason?
Can you please share if any one has booked appointment for there spouse covid situation.
I ma in US i need to get appointment for my wife but for that I need to five reason to expedite, Is separation is valid reason?
Can you please share if any one has booked appointment for there spouse covid situation.
All Replies (1)
H1B Stamping - Same Employer and Client
Hi All,
I`m currently in India, I came for a family emergency and required to get H1B Visa stamping. Below is my situation
1) Working for the same employer for the past 5 years and in the US for the past 11 years.
2) Same client since 2018 November and an amendment was filed for this client in December 2018 and approved till November 2021
3) Working in the EVVP model.
My Questions
1) Am I eligible for H1B Stamping, I know an amendment is not exempted, but since working for the same employer for the past 5 years will I be exempted?
2) My family is in US so badly need to go back, Is it better to go for H1B or H4?
3) If I go for H4 the chance of reuniting with my family is high, can I go to the US on H4 and apply COS
4) Any success story on getting H1B stamped recently?
I believe people who got successful stamping are not sharing their experience, so I do believe there should be a lot of people who got successful stamping but wish to hear it.
I`m currently in India, I came for a family emergency and required to get H1B Visa stamping. Below is my situation
1) Working for the same employer for the past 5 years and in the US for the past 11 years.
2) Same client since 2018 November and an amendment was filed for this client in December 2018 and approved till November 2021
3) Working in the EVVP model.
My Questions
1) Am I eligible for H1B Stamping, I know an amendment is not exempted, but since working for the same employer for the past 5 years will I be exempted?
2) My family is in US so badly need to go back, Is it better to go for H1B or H4?
3) If I go for H4 the chance of reuniting with my family is high, can I go to the US on H4 and apply COS
4) Any success story on getting H1B stamped recently?
I believe people who got successful stamping are not sharing their experience, so I do believe there should be a lot of people who got successful stamping but wish to hear it.
All Replies (1)
221g for Employment Documents on 09/28/2020
Hello Everyone,
Here is my situation
I am working as direct employee of US based Company A. I have applied for my H1b extension in November 2019 with a developer Title X, got it approved in January 2020. I got promoted with in the same Job group as Lead/developer with Title Y. Travelled to India in March 2020 hoping to get the Visa stamped , but things changed as consulates got closed on 16/03/2020. So, I have been working remotely from then. On 12/08/2020 some exceptions were released to the travel Ban proclamation on June 22 for H1b, I was eligible for one of the exception as I would be travelling to same Job that I had before coming to India.
So, I was able to get an emergency visa slot for H1b based on family separation medical reason, as my husband is in USA. I attended H1b Visa stamping on 28/09/2020, and here are the questions VO asked.
1. Are you applying for H1B
2. Who do you work for ?
2. What is your Designation,
3. What do you do exactly, Job Duties,
4. Are you going to same place in same role.
5. Do you know your rights.
Then he was looking into screen, probably my VISA application DS160, discussed something with other person behind him and took a 221g form. He said I need to scan and send employment documents to the email on the 221g form. I said I do have them now, but he said that because of COVID they are not able to look into documents now and asked to send them electronically.
So, I was wondering, is there anyone in same situation of applying for H1b in these COVID times and got it approved, is this new process of asking documents electronically ?
Also, having different Titles on Immigration Documents like LCA and I129 and Employment verification Letter, as the Title was changed after H1b extension was approved, but Job duties did not change more than 50%. Will there be any kind of supporting documents to use for Title changes for Visa Approvals.
Thank you.
Here is my situation
I am working as direct employee of US based Company A. I have applied for my H1b extension in November 2019 with a developer Title X, got it approved in January 2020. I got promoted with in the same Job group as Lead/developer with Title Y. Travelled to India in March 2020 hoping to get the Visa stamped , but things changed as consulates got closed on 16/03/2020. So, I have been working remotely from then. On 12/08/2020 some exceptions were released to the travel Ban proclamation on June 22 for H1b, I was eligible for one of the exception as I would be travelling to same Job that I had before coming to India.
So, I was able to get an emergency visa slot for H1b based on family separation medical reason, as my husband is in USA. I attended H1b Visa stamping on 28/09/2020, and here are the questions VO asked.
1. Are you applying for H1B
2. Who do you work for ?
2. What is your Designation,
3. What do you do exactly, Job Duties,
4. Are you going to same place in same role.
5. Do you know your rights.
Then he was looking into screen, probably my VISA application DS160, discussed something with other person behind him and took a 221g form. He said I need to scan and send employment documents to the email on the 221g form. I said I do have them now, but he said that because of COVID they are not able to look into documents now and asked to send them electronically.
So, I was wondering, is there anyone in same situation of applying for H1b in these COVID times and got it approved, is this new process of asking documents electronically ?
Also, having different Titles on Immigration Documents like LCA and I129 and Employment verification Letter, as the Title was changed after H1b extension was approved, but Job duties did not change more than 50%. Will there be any kind of supporting documents to use for Title changes for Visa Approvals.
Thank you.
All Replies (48)
H1B Petition Transfer
Hi All
My H1B Petition got approved in 02.2018 and expired 09.2020 and didnt got for stamping. So is there any way that my petition can be transferred by any company and
assist in visa stamping and career opportunities.
My H1B Petition got approved in 02.2018 and expired 09.2020 and didnt got for stamping. So is there any way that my petition can be transferred by any company and
assist in visa stamping and career opportunities.
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I797 expiring on October 8th and I94 expiring on October 18th
Hello All, I have a question. My I797 is expiring on October 8th and I94 expiring on October 18th . Can you please answer my below questions
- Can I work till my I94 expiration date
- Am I allowed to stay back and work if my h1 extension is filed after I797 expiration date and before I94 expiration
- Can I work till my I94 expiration date
- Am I allowed to stay back and work if my h1 extension is filed after I797 expiration date and before I94 expiration
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Revoked H1B Query
HI There,
I have a Query if any immigration lawyer can assist me please. Below is my Case :
My Employer applied for H1B in Nov 2011. In July 2012 my petition got approved. In August 2012 i got my Visa stamped. My I129 Approval notice was valid from July 2012 till April 2014.
In January 2013, I entered US and in April 2013 I was back in India. After which i have not visited US till date. Also I left my sponsoring employer in 2014 itself.
Today when i was checking my Receipt status on USCIS Website, it shows that my application is revoked. I think as i left my earlier employer they must have revoked the application.
My queries are :
1) Can any other employer sponsor me H1B based on my earlier H1B approved petition
2) Will it be Cap exempt or do i need to go through CAP round again.
Any help appreciated
I have a Query if any immigration lawyer can assist me please. Below is my Case :
My Employer applied for H1B in Nov 2011. In July 2012 my petition got approved. In August 2012 i got my Visa stamped. My I129 Approval notice was valid from July 2012 till April 2014.
In January 2013, I entered US and in April 2013 I was back in India. After which i have not visited US till date. Also I left my sponsoring employer in 2014 itself.
Today when i was checking my Receipt status on USCIS Website, it shows that my application is revoked. I think as i left my earlier employer they must have revoked the application.
My queries are :
1) Can any other employer sponsor me H1B based on my earlier H1B approved petition
2) Will it be Cap exempt or do i need to go through CAP round again.
Any help appreciated
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H1b Stamping No Reply Since 7 Months
Hi,
I came to India for a vacation in Feb 2020 I had an interview with Delhi Consulate on Feb 22, Got a blue slip, and was asked to submit Visa petition and client letter.
Now Client laid me off after April because I had to be back in March and due to COVID my project ended etc.
Till today 18/09/2020 I haven't received any response from the Delhi consulate and my application status remains 'refused'.
I have stopped paying rent and my CC bills now, my car has not started since the last 7 months.
Someone please suggest me what should I do?
I came to India for a vacation in Feb 2020 I had an interview with Delhi Consulate on Feb 22, Got a blue slip, and was asked to submit Visa petition and client letter.
Now Client laid me off after April because I had to be back in March and due to COVID my project ended etc.
Till today 18/09/2020 I haven't received any response from the Delhi consulate and my application status remains 'refused'.
I have stopped paying rent and my CC bills now, my car has not started since the last 7 months.
Someone please suggest me what should I do?
All Replies (1)
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