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StatusPidit
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Posted on 06-20-18 4:42
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Hello saathi haru, namaste!! Balla balla apply garda garda yo paali mero H-1B pick bhaako ho. April ko 2nd week ma tero case lottery maa pick bhayo bhanera khabar aauda mutu le thaau chhodya thyo. However, USCIS has not given any further information as of now. I keep on checking the case number multiple times a day but there is no update. I have also checked with my lawyer but even he doesn't have any idea when I'll get the final approval letter. My current company had applied for my H-1B under the Master's cap. I am currently working on TPS. I have already received my Canadian visa (just in case, to go outside of the country for H-1B visa stamping because my lawyer said adjustment of status is not possible in my case since I only have TPS and no other status). TPS pahila I was working under OPT. Has anyone received their approval (or any RFE) after your application passed the lottery for this year's H-1B program? I'd really appreciate any help or insights you can provide. Jai Nepal!!
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chornepali
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Posted on 08-03-18 10:39
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Oh, that's why! Because your change of status was done from F1-> H1b. From TPS we cannot do COS, that's why we have to exit/re-entry. But it shouldn't be a huge concern, the only concern is approval at this point.
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StatusPidit
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Posted on 08-03-18 11:02
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chornepali bro, you are right! exit/re-entry problem haina, buss... approval aauna paryo ke bro. Aayena bhane ta byaa gardine ni sochi raa chhu yahi settle bhaaki kohi khojera. Marnu bhanda ta baulaaunu besh haina ra bro?? Yeti dherai tanaab cha bro. 325 more days remaining OOS huna. :'(
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NepaliNajar
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Posted on 08-03-18 11:49
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Are you guys using Advance Parole from TPS to go for stamping?
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chornepali
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Posted on 08-03-18 11:54
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If we had to go for stamping we will use our TPS AP as a backup. Stamping denied vayo bhane we will re-enter using AP, but if we do so we will lose our H1 status again. If our h1 stamping is approved and we enter using H1 visa then we will lose our TPS.
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NepaliNajar
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Posted on 08-03-18 11:58
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Okay! In my case, If I went for stamping out of country carrying AP and apply for Stamping. Let's say in worst case If the stamping was denied and I entered with TPS AP, can I still work in H1B status?
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StatusPidit
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Posted on 08-03-18 11:58
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YESS!! Just like what chornepali bro said. It applies to my case too 100%.
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chornepali
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Posted on 08-03-18 12:01
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@NepaliNajar bro, if that worst case happens then you cannot work in H1b status. You have to file for COS again.
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NepaliNajar
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Posted on 08-03-18 12:02
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I think I will not exit from the country until I got Green Card.
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chornepali
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Posted on 08-03-18 1:16
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That would be the wisest idea.
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chornepali
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Posted on 08-13-18 1:32
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Checking Again. @StatusPidit did you get any update on your case? For my case, I should get something within this 2 weeks.
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NepaliNajar
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Posted on 08-14-18 12:13
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hansolo
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Posted on 08-15-18 12:05
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change to premium processing
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StatusPidit
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Posted on 08-15-18 10:57
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@chornepali, no brother. Ajjhai kei update chaina yaar. :(
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chornepali
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Posted on 08-16-18 11:36
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NepaliNajar
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Posted on 08-16-18 12:09
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chornepali
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Posted on 08-16-18 1:36
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It will take 3-4 days to receive the letter but most likely about specialty education which is pretty much impossible to overturn.
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StatusPidit
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Posted on 08-16-18 1:39
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chornepali bro, I am so sorry to hear that. Did you discuss with your employer and lawyer to send them further evidence and fight back on your case? Mero ta tyo ni aako chaina yaar. I fear, they might extend it to September samma ani siddhai reject garchha hola, without RFE or any other explanation. The rules are changing from September eleven bhanne sunya chu maile.
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chornepali
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Posted on 08-16-18 1:47
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I haven't yet received the RFE letter. It usually takes 4-5 days. My employer's lawyer is so incompetent that I hope the RFE is just about some of her stupidity while filling and not about the specialty occupation.
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hansolo
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Posted on 08-16-18 11:47
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September 11 memo only apply to the cases that are filed after September 11. If your case is filed before that date, they will not reject it without issuing a RFE of NOID. If you are concerned about timely approval of your case, switch to premium processing for good. Most probably you will get approval given your case is strong. Even if your case gets rejected, you will have enough time to act accordingly. Nowadays, it is not guaranteed that your case will be decided within 240 days.
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chornepali
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Posted on 08-22-18 3:00
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Found out that my RFE is about Speciality Occupation. It's not what I wanted. :(
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