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  3. Hi, I have few questions regarding H-1B transfer via Consular processing filed *timely* *before* visa stamp and I-94 expire. Also there are some follow up questions regarding re-entering US with the same visa stamp which was *valid* when the H-1B transfer petition was *pending*(hence no unlawful presence) with USCIS but expired by the time I-797B is received. Can anyone of you answer if you have some insights into these? 1) With the person(beneficiary) in US, H-1B transfer is filed *timely* via consular processing "*before* visa stamp and I-94 expire". 2) Visa stamp and I-94 expire when H-1B transfer petition is still *pending* with USCIS. 3) USCIS issues I-797B 4) Now, as per USCIS rules and regulations, since H-1B transfer petition was filed *before* visa stamp and I-94 expiry, the person *never* overstayed as one does not accrue unlawful presence when the H-1B transfer petition is filed *timely* *before* visa stamp and I-94 expire. 5) Given the above (4), can the person re-enter US from Canada or Mexico border with the same above visa stamp though it has expired, since the H-1B transfer petition was filed *before* visa stamp and I-94 expired and hence there has been no unlawful presence whatsoever? 6) If the answer to above (5) is "yes", within how many days the person should re-enter - within 10 days, 15 days, etc of getting I-797B? 7) If the answer to above (5) is "no", is it fine to go to Canada or Mexico(not being a citizen of Canada or Mexico) for H-1B visa stamping in this case(since there is no unlawful presence at all because of *timely* filed H-1B transfer), even if person has some out-of-status period(which is *different* from overstay/unlawful presence)? 8) Is there any leeway due to COVID on I-94 and visa stamp expiry - like is it fine to re-enter US from Canada or Mexico if only few days(say 1 - 10 days) have passed after visa stamp and I-94 expiry? Thanks
  4. You don’t have to apply 365 days before max out to be eligible for 7th year extension. The rule is if you perm is applied 365 days before final year h1b expiry then in the event the perm is not approved by the h1b expiry date, you can apply for a 1 year extension based on pending perm. if the perm gets approved and then the i140 gets approved prior to the expiry you can apply for a regular 3 year extension. So best case scenario for you is that your perm and i 140(filed in premium) gets approved in the 9 months that you may have. but you can’t plan for the best case scenario. The perm can get audited and take much longer to get approved. I would recommend that between now and June 2022, take vacations out of the country to make up the 3 months (or more as needed) so that you can recapture that time and extend your h1b such that there are 365 days between when your perm is applied and the new h1b expiry. You have sufficient time between now and june 2022 to go on multiple vacations to make up the gap
  5. Mav777

    7th Year Extension From India

    Oh nice, thought the flights were started in july/aug. also, just to clarify, you can file for a 1 year extension on 01/22/21 if the perm is still pending. If the perm gets approved (before u file for the ext) then you’ll have to wait for the i 140 to get approved (can be filed in premium) to file for an extension( in this case it’ll be a normal 3 year extension). All this can be done by the company while you are outside the country.
  6. Hi All, The I-94 number issued along with the I-797 for H1B Extension (same employer) has a digit mismatch with that of the old I-94(available online). Old I-94 Number (received in POE and available online) - XXXXXXXXX28XX New I-94 Number (received along with I-797) - XXXXXXXXX88XX It just differ by a digit, '8' instead of '2'. New I-94 validity start Date is from the next day the old I-94 expires and is valid for 3 years. Note - My Passport was renewed in between and the new passport details was used for applying for the H1B Extension. Please advise if I need to take any action for correcting the mismatch of 1 digit in the new I-94 issued along with I-797.
  7. Xan12345

    I94 change

    I also have the same issue. One of the digit in the new I-94(I-797) is different from the old I-94(available online). Can you please advise if you took any action for correcting the same. Thanks in advance @Gameron
  8. I also have the same issue. One of the digit in the new I-94(I-797) is different from the old I-94(available online). Can you please advise if you took any action for correcting the same. Thanks in advance @mkumar345 @onlineprf
  9. cap-gap

    H1b rfe cost estimator specality occupation

    What is the exact title in your H1B petition, ONet code and SOC?
  10. Hi All, 1. My former employer (Company A) filed my extension which had RFE (RFE received Date - 30th Jan 2020). I followed-up multiple times but never got clear answer whether the company responded to RFE or not. 2. So I resigned and filed transfer with my current employer (Company B). This transfer also received RFE (RFE received Date - 6th July 2020). The main RFE is "Due to pending response on previous RFE a final decision cannot be made". 3. Recently (22nd September 2020), I have been told by my former employer (Company A) that they received my approval (Approval from Feb 2020 to Feb 2023) and it has I94 as well. Questions. 1. Can I go back to my former employer (Company A)? 2. If so, Does Company A has to file any transfer again or any other application has to be filed and approved before I can start working with them?
  11. dhirajsir

    Travel to India on valid visa stamping

  12. dhirajsir

    Travel to India on valid visa stamping

  13. dhirajsir

    Travel to India on valid visa stamping

  14. dhirajsir

    Travel to india

    i have a similar situation need to travel to india and return before 30th dec . I need to travel as parents are not well . My last visa stamp was Jan 2018 and have an approve I797 and would need visa stamping . How to book an appointment at the consulate when they are closed ??? Dropbox folks seems to have a way out but i would not be eligible for drop box
  15. Yesterday
  16. Hi,Im in India now. My H1b petition for this year has been approved and is yet to go for stamping. I have plans to go for MS and have got admission for spring intake. Can I go for F1 stamping while a H1B petition was recently approved? In that case, can I use the h1b visa after completing the MS ? Will it be still valid to go for stamping after completing my MS or will H1B gets cancelled when I get my F1.
  17. There are no avenues for him to go back to F1 status without leaving the US. F1 reinstatement is generally possible only if the person was out of status for less than 5 months, unless there are exceptional circumstances.
  18. Ratheesh1979

    H1B Extension denied, but amendment still on

    What is MTR ? Unfortunately I don't have a H4 EAD option. Question is whether a different employer can try transferring the H1B on the ongoing amendment.
  19. Zodiac System

    Some questions regarding H1B and I140

    Answers: a. Yes b. You can start with new employer the moment USCIS receives your petition. c. Your new employer can port the priority date from your previous I-140. d. I-140 application is a series of steps ... final I-140 filing can be done in premium processing.
  20. Zodiac System

    H1B transfer RFE

    If your previous employer has not yet revoked your H1b by now, consider going back to him, or try another transfer. Lets see what other experts advise
  21. Zodiac System

    H1B Extension after I140 approval

    Many attorney's do advise against premium processing. Your employer can initially file regular and later on upgrade it to premium ....
  22. Inquire with your HR if the check has been cashed. Many times the receipt number is also mentioned on the cashed check. If the filing is done in premium, your HR / attorney would have received an email notification along with the receipt number, which they can forward to you, in case the receipt number has still not arrived in snail mail.
  23. Hi I am on F1, i recently got picked in lottery for H1B. My attorney didnt submit the application yet and have to submit the application / documentation before mid of November. Can i travel now out of USA and comeback in a week due to family emergency and then submit the documentation for H1B. Please advise Thanks Pandu
  24. Yes for all 3 assuming consulates are open and excepting Visa applications.
  25. As many days as you want. Just look for tax implications.
  26. adshah84

    holding Mutliple i797

    Empoyer B I797 is not a VISA
  27. sourz6

    Filing L2 to F1 COS after L2 to H4 has been filed

    What happened finally in your case. I am in same boat so would like to know
  28. I have approved I140 from company A which was later acquired by Company B. I left company B to company C now and got to know that Company B is also being acquired by company D. My current employer company C is not filing for I140 at least for 1-2 years and I may need to file my extension next year with my old I140. Please let me know if there is any risk when I file extension using my existing I140 with company A which was acquired by B and B was later acquired by D ? Do I need to ask any document from older employer to show why my I140 petitioner does not exists as a company. Or any document to show the relation between company A, B and D ( as D will be the only existing brand of company ) Thanks
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