6bc3f3a21f
- tax/: 84 files across 2014-2025 with full .md transcriptions - immigration/: 734 files (H-1B, green card, visa stamping, travel visas, passport) with 26 summary.md files - Loose files sorted: SSN cards → id/, vaccines → medical/covid/, credit check + lease addendum → lease/, UChicago offer → employment/, wine archive → receipts/ - home.md: removed green card timeline (moved to immigration/greencard/greencard/summary.md)
113 lines
7.7 KiB
Plaintext
113 lines
7.7 KiB
Plaintext
Hi Yanxin,
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Please see my responses to your specific questions below.
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Please let us know if you have any further questions.
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Regards,
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Derek Pennartz Associate, Attorney at Law*
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cid:image001.png@01D2199D.BB97E6E0
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Berry Appleman & Leiden LLP
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2400 N. Glenville Drive, Building A
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Suite 100
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Richardson, TX 75082, United States
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T +1 972 729 6228
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Web Facebook Twitter LinkedIn
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*Admitted in Texas. Practice limited to federal immigration law. Confidentiality Notice: This message may contain confidential client communications. If you are not the intended recipient of this message, please forward the message back to the sender and destroy the original message (and any copies). Thank you.
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From: Yanxin Lu [mailto:yanxin.lu@rice.edu]
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Sent: Thursday, December 20, 2018 1:10 PM
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To: Derek Pennartz <Dpennartz@balglobal.com>
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Cc: Lauren Thompson <lthompson@balglobal.com>; FBHCAP <FBHCAP@balglobal.com>
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Subject: Re: Facebook | Lu, Yanxin | H-1B Cap | Follow Up for Initial Information
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Hello Derek,
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I'm sorry to bother you again. May I ask the following questions:
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1. My Designated School Official told me that filing an I-290 form to appeal is definitely an option. The problem now is that I don't have a good estimate of how long it will take. I've heard people saying it might take 3-6 months and some said a month. I'm wondering if you have any observations on the processing time for appeals? USCIS generally adjudicates I-290B applications within 6 months, but, beyond that, there are no published processing times. We do not file these applications frequently, so I am unfortunaly unaware of how long they generally take to be adjudicated.
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2. If instead I go back to China to apply for an H1B visa without appealing, will my OPT application denial record have a negative impact on my H1B visa application? I would not expect the denial of your OPT I-765 application to negatively impact your H-1B visa application. If it comes up, I would simply recommend explaining to the consular officer that your application was denied because USCIS mistakenly cancelled your F-1 SEVIS record when it adjudicated your H-1B petition, and you did not become aware that this happened until the application was denied.
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3. Another question I have about applying for an H1B visa is about administrative processing time. May I ask how long it roughly takes according to the cases you observe? I've heard people saying that now it takes around 3-6 weeks for H1B visa. Is this time range close to your observations? Yes, this rime-range is similar to what we see when visa applicants report that they have been selected for Administrative processing.
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Also, please ignore my last question about the degree requirement for H1B visa application; I have got the letter from my department.
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I really appreciate your time and help!
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Best,
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Yanxin
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On Dec 19, 2018, at 17:35, Yanxin Lu <yanxin.lu@rice.edu> wrote:
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Hello Derek,
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Thank you so much for your detailed information. It clarified a lot of my concerns and I really appreciate that. One final question: If I go back to my home country and apply for H1B, do I need to show that I have satisfied my Ph.D. degree requirement, as indicated in my offer letter? I have defended my Ph.D. thesis, but have not received my diploma yet. Can I just provide a transcript or a letter showing that I have defended my thesis and will be rewarded a Ph.D. degree in a few months as part of the support documents?
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Thank you very much for your time!
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Best,
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Yanxin
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On Dec 19, 2018, at 17:24, Derek Pennartz <Dpennartz@balglobal.com> wrote:
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Hi Yanxin,
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First, because you remain within 60 days of your academic program end date, you are not accruing unlawful presence in the US. However, you will either need file a new OPT EAD application, or depart the US and activate your H-1B status within 60 days of your program end date.
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We have seen F-1 SEVIS records mistakenly cancelled by USCIS even when H-1B Petitions are correctly adjudicated as a Consular Notify, as yours was. This may have been what caused your OPT application to be denied. Your Designated School Official should be able to reactivate your F-1 SEVIS record if you can provide him or her with a copy of your H-1B Approval Notice to prove that it was adjudicated as a Consular Notify. However, if you still plan to start employment with Facebook on January 14, then there likely will not be enough time for you to file a new OPT application and have it approved in approximately three weeks. I would strongly recommend contacting your Designated School Official and confirming whether the denial can be appealed in order for an EAD to be issued in time for your anticipated start date.
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In the alternative, if you still intend to begin employment on January 14, the only alternative would be to depart the US and make an appointment to apply for your H-1B visa stamp at a US consulate in your home country. You should be aware that some consulates currently have long wait times due to increased international travel during the winter holidays. You should also be aware that we have seen an increase in administrative processing, a form of additional security background checks that can delay the issuance of your H-1B visa stamp by several days or even weeks. If your visa application is selected for Administrative Processing, then there is nothing that can be done to expedite the process. You must simply wait for the visa to be issued. Due to these additional factors, it is possible that your start date would need to be postponed even if you elect to travel and apply for your H-1B visa, so I would recommend that you contact your recruiter once you decide how to proceed and alert them that your start date may need to be postponed.
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Please let us know if you have any further questions.
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Regards,
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Derek Pennartz Associate, Attorney at Law*
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<image001.jpg>
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Berry Appleman & Leiden LLP
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2400 N. Glenville Drive, Building A
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Suite 100
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Richardson, TX 75082, United States
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T +1 972 729 6228
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Web Facebook Twitter LinkedIn
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*Admitted in Texas. Practice limited to federal immigration law. Confidentiality Notice: This message may contain confidential client communications. If you are not the intended recipient of this message, please forward the message back to the sender and destroy the original message (and any copies). Thank you.
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From: Yanxin Lu [mailto:yanxin.lu@rice.edu]
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Sent: Wednesday, December 19, 2018 11:59 AM
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To: Lauren Thompson <lthompson@balglobal.com>
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Cc: FBHCAP <FBHCAP@balglobal.com>; Derek Pennartz <Dpennartz@balglobal.com>
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Subject: Re: Facebook | Lu, Yanxin | H-1B Cap | Follow Up for Initial Information
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Hello Lauren,
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My name is Yanxin Lu, and I'm going to work for Facebook. It has been a long time since you guys helped me apply for my H1B. Thank you very much. Much appreciated!
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I'm just writing to see if I could schedule a phone call with you, because I have a few immigration questions about H1B and OPT. To be more specific, after I got the I-797B form I started to apply for OPT. However, my OPT application was rejected. I still haven't received the denial letter yet and I still don't know why it was rejected. However, I'm just trying to see if I could ask you guys for some suggestions before the holiday starts. I'm also a little bit concerned about my legal status in the states at the moment and whether it will affect my application for an H1B visa.
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I will be available for the whole week including this afternoon. Please let me know if we could talk over the phone for around half an hour. To provide more information, my I-797B form receipt number is WAC1814652712 and the case number on Cobalt system is 91.13190.2. I mailed my OPT application out on 08/22/2018, which is after I received my I-797B form.
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Thank you very much for your time!
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Best,
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Yanxin
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