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  3. akannur

    F1 opt to COS (H4 + H4 EAD)

    My wife is on F1 OPT visa which expires June 2023 and we are thinking to apply for COS to H4 + H4 EAD concurrently. question: Is there a way we can do this without taking a break from employment? will she be eligible to work until June 2023 ( end of OPT) if her H4 gets approved first while she waits for her H4 EAD ?
  4. Hi, I have a situation filling my DS160. My employer's location is in Massachusetts. My client's location is in Pittsburgh. My home address is in location Texas currently I work from home. My employer filed my LCA and H1B with have all the three locations specified below. Employer contact address: Massachusetts place of employment information 1: Pittsburgh (50%) place of employment information 2: Texas (50%) In the last section of DS160, there is a question: where do you intend to work? Can you please suggest Which address should I have to provide? My client's address or my home address? please help me with this. Thanks in advance.
  5. srisrisri

    interfilling suggestion

    We have applied for downgrade in oct 2020.I have i140 downgrade in eb3 approved but I have not received my EAD or AP yet. My date is not current in eb3 feb visa bulletin. My priority date is current in feb visa bulletin under eb2 final action date. 1) What is the best option available for me in my current situation? 2) Do you suggest interfilling in eb2? 3) what would happen to the current application in eb3 if we do interfilling? 4) Do we need to do interfilling (or) can we use existing eb2 i140 to file i485 supplement.
  6. Moderator can you please approve this thread. It is urgent.
  7. RashmiMurthy

    H4 to F2 COS

    My son's H4 visa has expired. We have applied for H4 extension, received a receipt number but it's not yet approved. My husband is completing 6 years in March 2022. Initially, we were planning to get F2 stamped in India but getting an In-Person visa appointment is taking a long time so we want to initiate F2 COS. I have below questions 1) To become eligible for F2 COS, current nonimmigrant status should be valid. since our H4 extension is in progress, Do we qualify for COS? 2) I came to know that he can stay legally in the US on F2 receipt. I hope 2 months time is sufficient to get the receipt notice? Thank you
  8. Because your I485 has been pending for more than 180 days, you do qualify to move to a new and similar job as your I140 by having your new employer file a new I485J...................BUT...........you STILL need some form of employment authorization to start work with new employer. That can only be done by either filing an H1B or waiting till you get your EAD/AP Card.
  9. Hi thank you and any pointers would be greatly appreciated. My current h1B with employer A is approved until 06/02/2022.(6years will complete at 06/02/2022). Also I140 approved with employer A from January 2017. Now I have accepted a full time opportunity and intended to transfer my h1B visa to employer B. Employer B came back and said we got certified LCA with intended period of employment 01/24/2022 to 06/12/2022. I am awaiting response asking attorney, why cant we request for 3 years of employment. Can anyone( please ) let me know can we request for 3 year intended employment.
  10. Yesterday
  11. Hi, I work for a non-profit organization on H1B-nonprofit and my first H1B term ends in April. My current contract ends in June and the HR policy is to promote me after June in order to continue working. My HR advised my boss to promote me from April for them to process the H1B extension just once and get down with it. But my boss says he doesn't have a position to promote me in April or after June and is willing to support for H1B extension until June. My HR is now asking for a resignation letter dated the end of June to process the H1B extension paperwork. Should I do this? what are the consequences, if I plan to resign before June? Why is this required when my contract clearly says the date the contract ends shouldn't it be automatic termination when the contract ends? Please advice. FS
  12. You do not have to do anything.
  13. Hi, I have been scheduled visa slots using the existing receipt number on CGI/Ds160. Now i filed my h1b amendement.So i got new receipt number. I don’t see any option to update my new receipt number on CGI portal. How can i do that? Can i proceed with the same visa slots which i got scheduled?
  14. I want to apply My mom’s B1/B2 visa but not getting any available slots in India. My mom is travailing to London with Valid UK visa and she is going to stay in UK for 6 month in my brother’s house. B1/B2 visa slots (appointment) is available in London. She want to stay in UK for 6 month then she wants to travel US for 6 months. My question - Will it be safe to apply first time B1/B2 visa from 3rd county (not from home county) ? will there be any high probability for rejection if applying 1 time B1/B2visa from 3 rd county even we have return tickets from UK and US ? Please suggest.
  15. Not as important as the immigration topic , I still have a question and seek inputs from anyone who might have already encountered and found a solutionMy wife and kids got their GC EAD in Sep 2021 and they are using it for jobs they took after approvalMy wife and minor son had a pending H4 application as their prior H4 expired in July and it got approved in November.My son passed his driver road test and will be going to DMV for the actual driver license next week (we are Houston TX btw )For the proof of legal stay in US can he use the H4 approval to get a longer duration for his DL or should he only use the GC EAD?Given a choice getting the license for longer duration makes sense - I just want to make sure I am not presenting the wrong document to DMV to land in trouble at a later date
  16. Attorney_22

    EB1(a) Persons of Extraordinary Ability

    An EB1A is a self petition, therefore, provided you are still engaged in your field of extraordinary ability, the green card process can continue despite changes in your employment.
  17. Attorney_22

    International Travel

    It is advisable to call our office to speak to one of our attorneys regarding the various possible situations.
  18. Attorney_22

    Automatic Work Authorization and EADs

    While you can travel internationally and re-enter the U.S. pursuant to an H4 visa to extend your H4 status based on upon the status of the principal H1B, the specifics of the new provisions and your legal strategy should be discussed directly with your immigration attorney.
  19. Attorney_22

    Automatic Work Authorization and EADs

    When someone is in H1B status and they decide to use their EAD, they are no longer maintaining "status" they are in a period of authorized stay. Therefore, to get back into H1B status you will typically need to travel and re-enter the U.S. pursuant to a valid H1B visa.
  20. Hi, I am on H1B extn approval and planning to travel to India with family(Spouse and Child are on H4 extn) for stamping. While filling the DS-160, one question "do you have any immediate relatives not including parents in the united states?" confuses me to answer. Do i need to add my spouse and child as immediate relatives in USA even though they are going to be with me in India at the time of Visa interview/drop box? i saw Yes and No answers in the same response threads and got confused. Could some one pls clarify it. Thanks in Advance.
  21. Both me and my wife have the N400 interview in Newark NJ Field office at the exact same date and time. Does anyone know if they interview each of us separately or together? Is Oath Ceremony is conducted same day as interview at Newark NJ? can anyone suggest a convenient and reasonable place to park nearby? Thanks In advance
  22. Last week
  23. Hi Sriks78! I am also looking for filing I-130 & I-485 concurrently for my mother. As I am aware of so far, there is no option for filing I-485 online where are you at the concurrent filing process? any luck so far?
  24. I have applied for an H4 Extn application for my wife and daughter in Aug 2021 based on my H1 B Approval valid till 2024 May. While that is pending, she has travelled to India with Valid Visa/I94 [validity 2022 Feb]. She got a new I94 till 2024 May based on my approval and returned last week. [My daughter did not travel]. I have 2 receipt #s for them from the extension application filled from Aug 2021. Do I have to File a new H4 extension application now because of the travel?
  25. I have an 140 approved and PD current to file I 485. As a first step, my employer says they need to move the case from India to the current country i live in. They say it by default they assign the case to country i was born. Any one has any idea of how long this case transfer usually takes?
  26. Wamunique

    H1B Out of Status

    I am an Indian citizen. I was working in the US on an H1B visa from 2006 till 2017. I was laid off in December 2017. I was also enrolled in an MBA program at a local college. I continued to attend college to finish my MBA (without changing my status). I graduated on August 10th, 2018. My intent was to maintain my status. I had even received my I-20 from my college, and filled out I-539 document. Before I could mail them, I found a consultancy firm willing to file an H1B petition for me. The H1B path seemed easier. So, I chose the H1B path. The firm filed the petition on February 6th, 2018. However, I never worked for them or got paid. The petition was withdrawn on August 28th, 2018 (with no prior notification). I thought I was maintaining my status with that petition, and I ended up going out of status. However, my I-94 has an expiration date of January 17th, 2020. I left the US on November 26th, 2018. I do have an approved I-140 from my previous employer (EB2, priority date April2013). I am trying to get back to the US. My questions are: 1. Was I out of status or had unlawful presence? 2. Am I eligible for a new H1B visa? Will it be cap-exempt? 3. Did attending college, while being out of status, reduce my chances of getting new H1B stamp? ( I know it has, but I want to see how feasible it is. If it's not even worth a try, I will choose a different path)
  27. newacct

    H4-I94 automatic extension

    When you leave the US, you cease to have any status, and any Extension or Change of Status is abandoned (it is moot anyway). When you re-enter the US on the basis of your valid H4 visa, the officer should admit you from scratch for the same duration as the H1b I-94, regardless of what you applied for during your last stay.
  28. I don't understand what you mean by "file a derivative I-485 on my behalf". Are you filing a second I-485 for yourself when you already have an I-485 for yourself pending?
  29. newacct

    I-485 pending TD expired

    Your dependent cannot get TD status as you no longer have TN status. They can stay in the US for as long as their AOS is pending.
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