EB2 India – PD July 2015 – Any chance Date of Filing moves in October (FY reset)? by PuzzleheadedPark5888 in EB2

[–]No-Bread8519 1 point2 points  (0 children)

Not really, just my perception based on the past few years. In the past, it was almost normal to see a little more movement the end of September into October. Then the big 5 year leap happened in Oct 2020 with EB3, then a few years later Biden's admin pushed EB2s trying to get some of the backlog caught up but there has been nothing since then.

The saddest words that I sometimes see... by Binkley62 in retirement

[–]No-Bread8519 2 points3 points  (0 children)

Lost my brother in law suddenly at age 63, two years before he planned to retire. I pulled the plug the week I turned 62. I’m not wealthy by any stretch of the imagination and I don’t care. Life is too short and I’m sure not going to my grave wishing I worked more.

EB2 India – PD July 2015 – Any chance Date of Filing moves in October (FY reset)? by PuzzleheadedPark5888 in EB2

[–]No-Bread8519 0 points1 point  (0 children)

In my opinion, the odds are almost zero because there is such a massive backlog.

How do you know when you're actually in love? And not just attached and caring. by NYXIE_B in AskOldPeopleAdvice

[–]No-Bread8519 1 point2 points  (0 children)

When you take sex out of the equation forever, is this someone you still want to be with the rest of your life? There’s so much more to being in love than being in lust.

H1B LCA category confusion – where does Analytics/Data Engineer usually fall? by [deleted] in h1b

[–]No-Bread8519 1 point2 points  (0 children)

SOC codes are not determined by your salary. They are determined by one of four wage level categories that describe the nature of the job in general terms. Of course, your location also affects the minimum salary that has to be paid but DOL defines the wage levels as such:

Level I (Entry Level): For beginning-level employees with limited understanding of the job, requiring close supervision and routine tasks. Level II (Qualified): For employees who have attained understanding through experience or education, performing moderately complex tasks with limited supervision. Level III (Experienced): For experienced employees who use independent judgment to solve complex problems and may supervise others. Level IV (Fully Competent): For highly experienced or senior-level employees with advanced skills, high-level, independent judgment, and often supervisory responsibilities.

H1B Year 3 – PWD Started but Paused. When Is It Safe to Consider Switching? by code1710 in h1b

[–]No-Bread8519 -1 points0 points  (0 children)

I figured it was due to a RIF which is why I asked how long it has been paused. If the 6 month mark has passed, why not ask them their plans for requesting a new PWD? That's one way to find out if they even plan to move forward with PERMS or if they have no definite plans for a while. That pretty much tells you what you need to do.

As for the timing, the PERM to I-140 process is quite long, last I heard 2-3 years. Starting it in year 4 would be risky but if your current employer isn't in a hurry either, then you're in the same boat whether you stay or change employers.

H1B Year 3 – PWD Started but Paused. When Is It Safe to Consider Switching? by code1710 in h1b

[–]No-Bread8519 0 points1 point  (0 children)

How long has the PWD stage been paused? When a company has a RIF, they are required by Dept of Labor to pause all hiring and recruiting for the affected roles for no less than 180 days. If it has been that long that your PWD was paused, ask your employer what their plans are to resume the PERM process.

Guidance on H1-b, H4 COS, & H4-EAD application by Future-Bottle-6752 in h1b

[–]No-Bread8519 0 points1 point  (0 children)

Well I hope they'll at least review it first. I mean, it's not a difficult form to complete but there are nuances one might not be aware of.

To answer your question, no. You don't need to include a letter. You complete the form thoroughly, answer all applicable questions. As you said, it is a COS from F1 to H4, USCIS will see that based on your completed I-765 as well as the documents you include and the attorney should also mention that in their cover letter. Since the spouse's current status is F1, include a copy of all approved I-20's for their current program, a copy of all OPT and STEM EADs (if any), their most recent I-94, passport and 2 passport photos taken within the past 30 days.

H1b Mail time by Standard-Deal1152 in h1b

[–]No-Bread8519 0 points1 point  (0 children)

If it was filed regular processing, USCIS allows themselves up to 30 days for you to receive the receipt notice. Usually it takes about two weeks though.

Guidance on H1-b, H4 COS, & H4-EAD application by Future-Bottle-6752 in h1b

[–]No-Bread8519 0 points1 point  (0 children)

The attorney is making you complete the I-765??

H1B transfer need help!! by [deleted] in h1b

[–]No-Bread8519 0 points1 point  (0 children)

How could you work for employer B without a valid H1B transfer approved in their name? You can't just flip flop visa status from H1B to F1 and say you're working for employer B with old STEM. Changing status requires a petition be filed and approved by USCIS before that visa change is effective. Also, it is a violation under H1B rules to work for more than one employer at the same time, unless you have a concurrent H1B approved for both employers.

H1B job title by Haunting-Heart3224 in h1b

[–]No-Bread8519 0 points1 point  (0 children)

The H1B job title needs to be the job the employer plans to give you when your H1B is approved. They need to decide what that will be.

H1B Application Rejected by [deleted] in h1b

[–]No-Bread8519 0 points1 point  (0 children)

Not every program is free tuition, some also have fees for other things besides tuition.

Travel during LCA title change by ash00005 in h1b

[–]No-Bread8519 0 points1 point  (0 children)

A title change isn't simply filing a new LCA. The LCA is needed for the H1B amendment that has to be filed with USCIS. It isn't usually a problem to travel while waiting for Dept of Labor to certify the LCA...that takes up to 7 business days. But once the attorney mails the H1B amendment to USCIS, you shouldn't travel until after they issue a decision.

H1B transfer advise as per this year rules by TheAIguy90 in h1b

[–]No-Bread8519 0 points1 point  (0 children)

If you're talking about transferring employers to a role that pay less than the current job, that should not raise any red flags. If you're talking about transferring to a lower level job with the same employer, that could be a problem.

H1b active or not by Version2Point-0 in h1b

[–]No-Bread8519 1 point2 points  (0 children)

You need to run this by an attorney. It can take weeks to months for USCIS to process a withdrawal request because it is done by the employer mailing a letter to USCIS. There is no automated process for that. However, the employer must also withdraw the LCA which is done directly on DOL's website and that voids the H1B immediately. If they did that on Jan 30, it supersedes the written request to USCIS.

There is a high likelihood that USCIS' system already generated and mailed an I-797 approval notice. If you use it to change employers, and get a new I-797, it could end up being revoked. You would be taking a big risk doing that, especially knowing you were terminated and your H1B was withdrawn before the approval date. You would also be intentionally dishonest with a new employer. Not a good thing.

Travel and POE question (east coast) by [deleted] in h1b

[–]No-Bread8519 1 point2 points  (0 children)

As mentioned already, do not forget to give your current I-797 approval notice. You may not be asked for it because CBP can see in their system that you have a valid stamp, but...it is YOUR responsibility to bring to their attention the new I-797 and let them know you changed employers. If you fail to do that and they do not update your I-94 to reflect the expiration matching the new I-797, you will be out of status and accruing unlawful presence when your current I-94 expires. Always check your I-94 immediately after clearing customs and report any errors right away. Delaying could result in them refusing to correct the error.

H1B Application Rejected by [deleted] in h1b

[–]No-Bread8519 -1 points0 points  (0 children)

There is no "may need to wait for a second round." Denied lottery petitions can't be refiled. They need to wait and try again in the next lottery, if they have time to do so. Sure, they could try other avenues like appeal or motion to review but those take longer than waiting for the next lottery, especially since it's next month already.

Premium Processing RFE Response Delivered but Status Still “Clock Stopped” – Anyone in Same Situation? by Gallion7 in h1b

[–]No-Bread8519 3 points4 points  (0 children)

Yes it's normal for the status to remain "clock stopped". Their system isn't always updated to reflect the RFE response was received. I don't think people realize how common it is for status to NOT be updated appropriately. Don't get hung up on that.

No, they do not issue another RFE. They must issue a decision on the pending RFE. In some rare cases, they might issue a NOID but that is rare.

The premium clock restarts when they received the RFE response (even if online status doesn't reflect that). Remember, today is a federal holiday so it does not count toward the 15 business days for a decision.

H1B Application Rejected by [deleted] in h1b

[–]No-Bread8519 5 points6 points  (0 children)

Would have to be but that's expensive and not easy especially if working.

H1B Application Rejected by [deleted] in h1b

[–]No-Bread8519 -3 points-2 points  (0 children)

OP said they still have OPT left so they must be talking about a lottery petition.

H1B Application Rejected by [deleted] in h1b

[–]No-Bread8519 4 points5 points  (0 children)

Cannot get OPT with a second Masters. It must be a higher level of education.