pontevecchio
Memberspontevecchio last won the day on September 28 2023
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It is always possible to reclaim the PD of a previous I-140 for a subsequent filing.
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You need a valid H1 petition approval premium processing or otherwise. The procedure is for her to come back on the H4 Visa and show your H1 approval to be allowed in H4 status.
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You have to be out of the country for one full year.
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How soon can we apply 7th year extension ?
pontevecchio replied to Tanzo's topic in H1B : 7th Year Extension
You qualify for a 7th-year extension by virtue of a PERM pending more than 365 days. Hence while the company can keep everything ready, they can only file after 365 days have elapsed. -
If you had a COS to H1 along with the H1 Petition approval, then you will need to leave and return on the H4 Visa to get back into H4 Status
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H4 Extn + EAD filed when spouse was out of USA
pontevecchio replied to frustratedpanda's topic in EAD
She can return based on her existing H4 Visa and your 7th-year H1 approval. She may need to reapply for the EAD. -
A visa lets you enter. The I94 lets you stay till expiry.
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"If you’ve lost your F-1 visa while in the United States, here are the steps you should take: Police Report: Visit your local police station and report your lost or stolen documents (passport, visa, etc.). Provide copies of the original documents if available. You’ll receive a police report detailing the incident. Make sure to keep an extra copy for your records. Replace Lost/Stolen Arrival/Departure Record (Form I-94): If you were issued a paper Form I-94 (Arrival/Departure Record) and it was lost or stolen, you must get it replaced immediately. Visit the Department of Homeland Security (DHS) website to file for a replacement I-94. You can find the application form at the U.S. Citizenship and Immigration Services (USCIS) website and information about the I-94 at the Customs and Border Protection (CBP) website. Report Lost/Stolen Passport to Your Embassy: Contact the local embassy or consular section of your home country. Inquire about the procedure to replace a lost or stolen passport. Most countries have websites with contact information. Report Lost/Stolen Visa to the U.S. Embassy or Consulate Abroad: Email the Consular Section at the U.S. Embassy or Consulate that issued your visa. Include your full name, date of birth, place of birth, U.S. address, and email address (if available). Clearly state whether the visa was lost or stolen. If you have a copy of the passport or visa, scan and email it to the embassy or consulate. If known, provide the category of visa and the passport number from the lost/stolen visa. Remember that lost or stolen U.S. visas cannot be replaced within the United States. You must apply in person at a U.S. Embassy or Consulate abroad for visa replacement1. Additionally, if your F-1 visa becomes damaged or is lost or stolen while you’re in the U.S., it can only be replaced the next time you travel abroad. While abroad, you must apply for a new F-1 visa before reentering the U.S. in F-1 status2. Keep your other valid documents (passport, I-20, and I-94) handy during this process."
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Does your spouse have an approved I-140/immigration Petition?
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Discuss the situation with a lawyer.