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H1B Visa Portability
Hi everyone,
I needed some assistance on some visa issues.
I have graduated last year with MS in Data Science and currently on my F1-OPT.
My EAD ends on 5th August, 2023 and I can opt for either STEM OPT extension or H1B cap gap. I got my H1B approved from my current employer just this July. My H1B visa - change of status starts from October 1st only.
However, my current employer is laying off candidates and have mentioned that if they don't find a project for me in these 3 months- until September, they might let me go.
I have another job offer but confused about the start date and H1B visa transfer process. I am super stressed out as I don't want to be out of a valid employment status.
If there is anyone who can help me with this, I will be very grateful.
Questions:
Can I change my job during H1B Cap gap?
What if my current employer lays me off on September 30th? Would I still have my H1B as valid?
When can my new employer begin the H1B transfer process?
Would I need to have payslips of October from current employer for H1B to be valid?
If anyone has any legal leads, or have faced a similar situation before please comment. I will DM you. Thanks again for reading this and helping me.
Andres Mejer Law
Immigration Attorneys at Andres Mejer Law is dedicated to helping immigrants with their legal problems, but we are not just immigration attorneys. Immigrants often have other legal problems that may arise from their unlawful status or may be prevented from acquiring legal status. If you have a legal issue you need taken care of, we can help. Call our Monmouth County immigration lawyers at 732-945-8745.
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PERM Priority Date
My immigration options are given below:
October 2022: My employer filed PERM, but not yet approved.
January 2023: NIW I-140 approved.
May 2023: EB1A I-140 approved.
I have the following queries:
1) I want to clarify if having an approved PERM means I have obtained the priority date. Is it necessary to file an I-140 after receiving PERM approval through the employer to secure the PERM priority date?
2) If my PERM is not approved, but I file I-485 when EB1A becomes current, what happens if my PERM gets approved after 1 or 2 months of I-485 filing? Can I update the PERM priority date on my submitted I-485 application with the approved PERM? Will this shorten my waiting time for the I-485?
#EB1 #EB2 #EB2-NIW #PERM #NIW #EB1A #i485 #vawa
Pakistan police clearance certificate
Is police clearance certificate required from Pakistan applicant at NVC stage ?
Because on website they said they don’t require:
https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/ISL-Islamabad.html#:~:text=If%20you%20are%20older%20than,certificates%2C%20visit%20Reciprocity%20by%20Country.
But when I fill ds260. They show police clearance certificate (Pakistan) is missing.
Please help if anyone knows.
Traveling outside the US while 485 is pending
Hi there,
I am currently in the US under H1b status, I will be filing for I-485 pretty soon.(My spouse is a permanent resident and will be sponsoring me, we have filed i-130 already and it is pending).
I plan to travel outside the US for family reasons in October. Ideally, I want to obtain the H1B visa in the foreign country and use that visa in order to get back to the US. (I have been in H1b status since a few years ago and never left the country since then).
Should I also apply for form I-131 Advance Parole? I feel like having an AP will be a back up option/safety measure just in case my H1b visa application doesn't go well or anything like that. Obviously I might have to escalate the Advance Parole (emergency AP).
Please let me know if my idea is wrong, thanks a lot!
Do I need to include original copy of i-130 receipt notice inside the I485 packet?
Hi there, I filed my I-130 online and I have received a receipt notice in mail as well as an electronic one online.
I am preparing for the I-485 packet, do I need to mail in the paper receipt or I can just print another copy and include that one.
Thanks.
Vawa unsolicited evidence
Hi, is it possible to send unsolicited evidence for vawa? I have more evidence that I didn’t submit with my application, it was very hard mentally to do the application and I had a mental block. I just remembered more issues that happened and I have the documentation for it #vawa #i360
NVC REJECTED MARRIAGE CERITIFICATE
NVC has rejected my marriage certificate twice!!
I have a valid marriage ceritificate in english but it is in black and white form with the official seal on the back. Is there any problem with the color or is it because of the seal.
Can't understand what is the problem. Any help would be appreciated 🙏 #india #mumbai #nvc #marriagecertificate #documents
H1b Transfer with multiple employer
Hey everyone,
I was laid off recently and after that, I got an early offer from a company (let's say A), and they processed my H1b transfer and the petition got approved. I am still waiting for the joining date as the company never gave me the start date and they are really slow at that.
While waiting, I got a better offer with Employer B and I have decided to join the Employer B.
What should I do in this case?
Should I mention about the Employer A to Employer B?
Do I need any information of Employer A in order to file H1B transfer?
Should I just provide employer B with all the information of my previous employer? Like the I-797 of the last employer where I worked and all?
Thank you for your help. :)
#H1bTransfer
Inderjit K Sidhu Esq LLC
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Boyack Christiansen Legal Solutions
At Boyack Christiansen Legal Solutions, we understand that your case is probably one of the most difficult things you will ever face. We provide effective and efficient legal solutions to our client's legal problems . Our experienced St. George UT attorneys will listen to you to find a great solution that meets your needs and helps you to achieve your goals, whether it is family law matter, personal injury case, estate planning concern, bankruptcy, or business problems. Contact us at 435-375-3959 for more information.
hello guys, I just got this message from the NVC
This case does not meet the minimum income requirement to sponsor the intending immigrants. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p.
Do you guys know what they mean?!
I-824 Query
I received I-130 approval for my wife, however I have to now fill out I-824 in order to request that USCIS send the petition to the U.S. Department of State National Visa Center (NVC). Since, I did not indicate on the petition whether the beneficiary intends to apply for an immigrant visa abroad
at a U.S. Embassy or a U.S. Consulate or will apply for adjustment of status in the United States while filling I-130. I need assistance with what reason should I be selecting when submitting I-824?
Is there anyway to reinstate green card if abandoned at no fault of mine?
If someone have faced this before, the green card was taken away after not showing in the US for more than a few years, however the age was 4 years old which means it wasn't "voluntary abandonment of status". Does anybody know anyone who faced this and is there anything to do to somehow reinstate the Green card? Thank you.
#green_card #abandoned #no_fault #greencard #i485