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Member Profile: BePositive77 (87 posts)

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Hello, I'm BePositive77 (report this user)
I am from United States
I last logged in on 21 Dec 2017
I have been a member since 21 Oct 2014
I have added 87 posts in trackitt forums
I added my last post on 21 Dec 2017
BePositive77's Posts
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Posted in H-1B Forum on 21 Dec 2017
Topic: 60 days grace period after h1b employee resigning

With reference to 60 day grace pcan someone through some light on situations where current petition is pending and then lay off takes place?

Candidate is employed with Employer A on the basis of H1B receipt, H1B transfer by Emp A is still pending as it takes months to get an outcome in regular processing. Now Emp A decides to lay off candidate while the petition is still pending so likely Emp A will revoke the pending application. Does the candidate have 60 days grace period from the last date of employment with A to find an new employer and file a new transfer or is he out of status and accruing unauthorised stay (as previous employer before employer A would have also filed for revocation) as soon as A's petition is withdrawn?
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Posted in H-1B Forum on 16 Dec 2017
Topic: H1B Transfer Denied in Premium, Options I have?

Thanks for your response. I am having sleepless nights so any information is a big help.

2) Are you saying to file another transfer through another employer within the next 3 weeks while this current one is still pending is the safest option ?

Even of that were to be possible will the decision of the current pending one have any impact on the future transfer petition? What if by the time the new employer files a transfer petition this one gets denied ?

3) What do you mean by 140 is current ?

I have approved I-140 for more than 6 months before I left the employer.

4) I94 from previous petition is until 2020 but I think previous employer would have also sent in H1B revoke since I quit them.

5) it's EVC model. If RFE were to happen wouldn't it have come by now ? It was filed in August.

What do you mean whether employer will support ? What do they have to do pleas elaborate.
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Posted in I-140 Forum on 16 Dec 2017
Topic: H4 EAD Revocation rule

I think this whole argument against H4-EADs is flawed and is only intended by Mr DT to undo his predecessor's legacy and playing to the gallery.

Let's think about it in an objective way and ask the H4EAD-detractors a few questions.

1) The H4-EAD rule is only two years old, was everything hunky-dory before that? So to try to portray this as a major deterrent to hiring americans is ludicrous.

2) The number of H4-EADs issued are a like drop in the ocean when compared to the total number of open jobs. And mind you not every H4-EAD is in active employment while some others have opened their own businesses which rather generates more jobs. So to think of it as a major deterrent to hiring Americans first is a deliberate attempt to misguide the public.

3) H4-EADs have been only issued to those spouses who have already been in the line for GC for years and have already shown immigration intent. Eventually they will get their GCs and citizenship. So what will you say then?

For all the OPT folks who are complaining about the H4-EADs taking away their jobs it is time to introspect and scratch beneath the surface.
I know for a fact many OPTs who couldn't get a job offer with H1B or were let go by the employer later and this I am speaking of a time when there was no H4-EAD. So the problem is not H4-EAD and I am sure many of the current OPTs know that very well. The solution is in not shying away from competition.

To quote the old Sprite ad "Dikhawe pe maat jao, apni akaal lagao"
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Posted in H-1B Forum on 16 Dec 2017
Topic: H1B extensions at CSC

Mine was filed in regular on Aug 25 and still the status is "Receipt notice sent".
As per https://egov.uscis.gov/cris/processTimesDis... CSC is processing Aug 1 applications but that page was last updated on Sept 30 2017. So for almost 2.5 months the page hasn't been updated.
Is it fair to assume I am close to an approval ? If RFE were to be issued wouldn't that have happened by now?
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Posted in H-1B Forum on 16 Dec 2017
Topic: H1B Transfer Denied in Premium, Options I have?

Trackitt gurus need some advice. I am in a pickle.

I have been in the US for over 10 years and have approved I-140s from two different firms I used to work for in the past.
Started working for a new consulting firm based on H1B receipt by transferring H1B in Aug 2017 in regular processing at CSC [premium processing was not available at the time]

We are expecting our first baby in March and unfortunately my role was abruptly cut as of Dec 15 2017 so I have to find another job and employer as soon as possible.
My current employer will give me another 3 weeks during which time they will also try to find me another project but given this time of the year I know the chances are very dim.


Firstly, what options do I have as my current H1B transfer application from Aug 2017 is still pending?

As per the latest [as of 9/1/2017] processing times published on USCIS, CSC is processing H1B transfer applications of Aug 1.
so my H1B transfer application is probably going to processed in the next few days.

Will it help if I upgrade to premium at this point ?
It will be near-impossible to find another job at this time of the year but I will at least have an approved petition in hand in Jan 2018?

Or will I be better off in staying with regular processing? What if I upgrade to Premium and they issue RFE and now that I am out of project that will make it worse.

Please advise!
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Posted in I-140 Forum on 14 Dec 2017
Topic: H1b Extension Premium or Regular in current condition?

Trackitt gurus,


How does the 60 day grace period rule apply if someone on H1B petition pending loses his/her job and employer thereafter revokes the pending petition ?
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Posted in I-765 (EAD) Forum on 15 Nov 2017
Topic: H4 EAD denied because of using a wrong version of the form

Here's the edition date info from USCIS.org

"07/17/17. Starting 12/04/2017, we will only accept the 07/17/17 edition. Until then, you can use the 01/17/17 edition. You can find the edition date at the bottom of the page on the form and instructions."

As per this your application with the old form (01/17/2017) should not have been rejected unless you used an even older version. To be on the safer side I would just use the latest one.
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Posted in I-485 Forum on 31 Oct 2017
Topic: I-94 Electronic Travel History not found

Is there a particular reason why you need the electronic i94 travel history ?
Do you have the original i94s (paper version) ? Which years are they for ?
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Posted in I-765 (EAD) Forum on 25 Oct 2017
Topic: Valid/Current H4-EAD renewal with H1-B transfer

I was in a similar situation sometime back. And my lawyer didn't go ahead with H4 EAD concurrent filing even though at first their thought was they could. So most likely your H4 EAD extension won't be valid as you are outside the 120 day prior window.
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Posted in I-765 (EAD) Forum on 04 Oct 2017
Topic: H4-EAD Infopass

Has anyone gotten approval for receipt date in first week of July yet?
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Posted in I-140 Denials & MTR Forum on 03 Oct 2017
Topic: I-140, EB2 got denied and I m in 6th Year of H1B- Please help

"Than we filed I 140 in November 2010 in EB 2 with my BSC(3 year in Electronic) + MSc(2 year as master of Electronic) We added evaluation from Morningside Evaluation consulting New york which stat my degree is equivalent to Master of Science in Electronics"

The evaluation seems wrong to me to begin with. How can 3+2 years be equivalent to 4+2 which is what it takes to get MS degree in USA.? I know of some cases like yours (3+2) where the evaluation shows them equivalent to Bachelors in US.
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Posted in I-131 (Advance Parole) Forum on 29 Sep 2017
Topic: Inusrance gap while switching employer

Your ex employer or their benefits administrator will mail you Cobra documents in 2 weeks from separation date and that will tel you what premiums are going to be. The premium you used to pay $300 is it monthly or biweekly ? Do you know iwhat your employers share is on top of that ? You will have to foot that bill fully now. Been there done that.
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Posted in H-1B Forum on 18 Sep 2017
Topic: H1 Extension Denied because of educational back ground

Sorry to hear about your case .. But it isn't clear from your post if you have a second degree ?

Is it just one 3 years degree + 6 years experience?
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Posted in H-1B Forum on 10 Sep 2017
Topic: H1B Rfe can i transfer ?

Can someone please elaborate on how it works when someone files for h1b transfer a second time while the previous transfer is still under processing.
Since it's only regular processing for now there are three stages when the second transfer can be initiated.

I) First transfer filed a few days/weeks ago and nothing has happened on it
2) First transfer has been issued RFE and response awaited from petitioner.
3) First Transfer's RFE has been responded to by petitioner but USCIS has yet to adjudicate the case.

What are the chances of a second transfer going smoothly in the above mentioned stages ?
Does the RFE have any impact on the adjudication of the 2nd transfer ? Any one has any experience of this kind of case please share
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Posted in H-1B Forum on 09 Sep 2017
Topic: H1B extension regular at CSC

Can someone please let me know about how does it work when someone files for h1b transfer a second time while the previous transfer is still under processing and either at RFE received or RFE responded state ? Does the RFE have any impact on the adjudication of the 2nd transfer ?
Any one has any experience of this kind of case please share
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Posted in H-1B Forum on 31 Aug 2017
Topic: H1B 60 days grace period

Go for it! What other option do you have? You can join new job with courier company's receipt.
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Posted in H-1B Forum on 31 Aug 2017
Topic: H1B extension regular at CSC

Wow that's unheard of lucky you!!
Was yours previous i-140 based transfer petition ? Direct hire or consulting or consulting in EVC model ?
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Posted in H-1B Forum on 30 Aug 2017
Topic: Question on H1

I am kind of in the same boat. Filing for another transfer while one transfer H1B (in EVC model) is pending (sent to California Service Center Aug 3rd week). While many people have done this in the past -the so called bridge option- just wanted to confirm if the second application is going to depend on the first ones decision in any way.
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Posted in H-1B Forum on 30 Aug 2017
Topic: H1b extension processing time - Vermont

What's the extension processing time like in California service center?
Aren't all cap exempt applications [H1B transfer would be one such case] supposed to go to California?
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Posted in H-1B Forum on 28 Aug 2017
Topic: H1 Transfer-new employer and Amendment+extn-Curr Employer

Firstly yours is a unique case in which both H1B transfer and H1B amendment are being filed by different employers on the same date. What is the point ?
And what is your question exactly?
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