Dipali@VA

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  1. My son has H4 extension petition approved based on my spouse H1 and I have my own H1. My spouse is now planning to transfer to H4 and work on EAD. So can my son stay in USA based on existing H4, or do I need to file new H4 for my son based on my H1?
  2. Thanks, that helps. Here is the current situation, could anyone provide any inputs: The H1 extension is filed in premium processing, but the 15th working day from receipt of the application by USCIS is falling after current I-94 expiry. If the H1 extension gets RFE, then can the H1 to H4 COS(based on spouse-approved H1) be filed after I-94 expiry stating that H1 extension was filed on time before I-94 expiry? Is there any risk in applying such COS application after I-94 expiry in long term?
  3. I am posting this for my friend, she is in 12th year in US on H1B status, current H1B is valid till 2024 November, has I-140 approved from previous employer(the employer has closed the company and but the I-140 has not been revoked). She has health issues and needs to take treatment for a year. Can she take a break from H1, move to H4 status, and resume on H1 after a year? If she finds a new H1B sponsor employer can the employer use old employer's I-140 to file H1 and new Green Card using the priority date? If this is risky, what could be another way of taking a 1 year break?
  4. The H1B got denied and refiled next application in premium processing before I94 expiry which got approved. What will happen to the H4 extensions of the spouse and child based on the first H1B extension that got denied? Will it get denied automatically after few months or we will have to withdraw it?
  5. My H1B application is in process but the I94 is expiring soon. So can I continue my stay after I94 expiry using COS(H4 to H1) receipt? If the H4 to H1 COS comes as denial after my I94 expiry, can I file H4 extension based on spouse H1 and do I need to mention the reason for applying H4 extension after I94 expiry?
  6. It seems you need to file I539 even for extending I94 extended till approved petition or stamped Visa if you are not planning to go out of country before I-94 expiry.
  7. I believe in this case I129 and I539 is filled, so does the premium processing gives results of both in 15 days or I539 goes through typical process of new Biometric and typical wait time of 6 months? On getting H1B approval, does the applicant's status changes to H1B from the start date of H1B employment period or need to wait till the COS(I539) is approved?
  8. Thanks. I contacted CBP, they said I need to contact USCIS.
  9. Thanks. In my scenario do I need to get new H1B approval(New employer filling it as Change of employer) before my current H4 status expiry and then file change of status(from H4 to H1) to start working? Or approval of H1B itself is changing my status from H4 to H1 if it comes before H4 expiry? Is other option possible in which employer can ask the start date of new H1B from next day of H4 expiry, get the approval before H4 expires and I can be on H1 status from the next day of H4 expiry?
  10. If the H1 extension gets denied and H4 extension of spouse and child is still active, can the dependent stay in USA beyond I94 expiry with such pending status receipt ?
  11. I had worked previously on H1B for 3 years and then shifted to H4-EAD to different employer. Can I use my remaining H1B if my current employer is ready to file? Does this H1B will be considered in lottery or it can be considered as CAP exempt.
  12. I had applied child's H4 extension along-with my H4 extension based on H1 extension receipt. The child I94 is expiring 2 month earlier than current H4 stamp due to passport expiry. The H1 extension had received RFE and it is responded in premium processing. If the H1 extension is denied and child's H4 extension application is pending. So I have two questions, 1. Do I need to apply a separate H4 extension application for the child to extend current I94 for another 2 month, 2. For the Child(11 years old) H4 extension alone do I need to pay fingerprinting fees also?
  13. I am getting message "Your content will need to be approved by a moderator" . Can someone approve it
  14. Is it possible to transfer H1 when current visa & I94 is valid for another 5 months and H1 extension by current employer is on RFE status? If yes, and H1 approval comes, then the H4 applications filed based on H1 extension by current employer needs to be edited or re-filed for new approved H1?
  15. Is it possible to transfer H1 when current visa & I94 is valid for another 5 months and H1 extension by current employer is on RFE status? If yes, and H1 approval comes, then the H4 applications filed based on H1 extension by current employer needs to be edited or re-filed for new approved H1?