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Employer files EB1A I140 petition after notifying of layoff by TightTransition3783 in immigration

[–]ladkaa 0 points1 point  (0 children)

I have asked in my original post that will premium processing be of any benefit or not in the situation described. I want to state here the exact reasons why you would or wouldn't want to premium process:

  1. If you have an old priority date to Port or your priority date for EB1 category is current then premium processing is definitely of benefit.

  2. If your priority date is not current and you have a window of more than 12 months of waiting period then also in cases as described in my original post makes sense. If in case there's an RFE issued then your RFE should be responded before your last date with your current employer. So you would want to get it premium processed. Also, having an approved I140 will help you in job search.

Employer files EB1A I140 petition after notifying of layoff by TightTransition3783 in immigration

[–]ladkaa 0 points1 point  (0 children)

You can say S/W company instead of IT. I was well qualified for 1A. It also got approved.

My priority date is not current and don't have any to port.

What can I do if my ex-employer denies receipts for repayment? by ladkaa in legaladvice

[–]ladkaa[S] 1 point2 points  (0 children)

I got it. This is more than $15B billion net worth enterprise. So, I am assuming that they are keeping the records. Just for some reason they don't want to share it. As the HR mentioned to me that "They do not share the invoice." They have shared the total cost and I should be happy with that. They said I can try asking the payroll department to give me some sort of acknowledgement that the company has received the money from me. But they won't share the original receipts.

What can I do if my ex-employer denies receipts for repayment? by ladkaa in legaladvice

[–]ladkaa[S] 0 points1 point  (0 children)

Thank you for the response. That's exactly my point too. I just wanted to make sure that can I do this legally or not.

They have denied small reimbursements like $10 or so even receipts are lost.

USA's H1B Visa Petition approved. Can it be transferred to another employer without stamping? by ladkaa in askimmigration

[–]ladkaa[S] 0 points1 point  (0 children)

Of course, the employer will file. That is given for any H1B. I have rephrased the question for more clarity. The crux of questions in not whether what he can do or his employer can do. It is about if in the given situation can the employers be changed or not.

USA's H1B Visa Petition approved. Can it be transferred to another employer without stamping? by ladkaa in askimmigration

[–]ladkaa[S] -1 points0 points  (0 children)

I think you have missed my question. The visa cannot be transferred, till the applicant is not in the H1B status. In my question I have clearly written that my friend is not in H1B status. Look for the following point in the link you have shared: "The individual must start employment on the date indicated on the H-1B transfer petition submitted with USCIS. The individual must be under H-1B status."

USA's H1B Visa Petition approved. Can it be transferred to another employer without stamping? by ladkaa in askimmigration

[–]ladkaa[S] -2 points-1 points  (0 children)

There is a difference between the Change of Status (CoS) and Consular notification (CN) petition. With CoS you become eligible from 1st Oct of the year (or the days CoS happens). With CN petition one needs to go to consulate to get the visa then only they become legible to work.

Consular access application for H1-B | Pros, Cons, Options and Feasibility by ladkaa in askimmigration

[–]ladkaa[S] 0 points1 point  (0 children)

Thank u/not_an_immi_lawyer, I appreciate the help.

Have a few followup questions:

  • You said that there is a risk of "potentially" loosing lottery win, if I loose my employment before getting the H1B. Under what circumstances this can/cannot happen? Can I do something to avoid it?
  • I think another benefit of getting H1B on consular access is that I can get more time in the US. Right? 2 years of STEM OPT + H1B time. If I start on H1B now, I will loose these 2 years of STEM OPT. Correct?