Attorney_21

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  1. One in this situation can file a change-of-status. However, the normal result would be a Request for Evidence from USCIS requesting proof that the H1B extension was actually approved to "fill in the gap" in status after the expiration of the I-94.
  2. This is a common scenario - one CANNOT be admitted to the US beyond passport expiration. The I-94 governs how long one is allowed to remain in the US, so this should normally be resolved either by travel with a new passport, or by having the employer file an extension of H1B status. Remaining beyond the I-94 expiration would likely render one's stay "unlawful", which has serious consequences.
  3. H1BUser24: It is legally permissible to join an H1B petitioner based upon the receipt notice. As long as the petition is ultimately approved, then there is no issue with this strategy. However, if the new H1B petition is ultimately denied months later (after you have left the original company and they have withdrawn the H1B petition), this would generally leave one "out of status" and potentially "unlawfully present", which can have serious consequences. Sometimes there is no way around this issue, particularly when premium processing is unavailable. However, there are risks to doing so. This is ultimately a personal decision, based on the relative merits of each employer - if your current employment is becoming insecure, this is definitely a factor to consider.
  4. HI Rushme27: 1) One can apply for 6 months, and there is generally no reason to apply for a shorter period, given the long processing times. 2) A letter explaining that travel is impossible because of Covid-19 will likely be sufficient at this time. 3) One should provide evidence of sufficient finances to remain for 6 months without having to work without authorization. This can be the applicant's own bank statements (a few months), or it can be an Affidavit of Support signed by a financial sponsor (I-134) supported by the financial sponsor's bank statements, proof of employment, etc. This will frequently be requested if it is not supplied. 4) USCIS will sometimes request proof of ties to the home country - proof of property ownership, finances, etc. in the home country. If one doesn't have all of this available in time to file, one can submit a skeletal application. It is likely that USCIS would issue a request for evidence for any missing documentation. rather than deny the application outright.
  5. ZeroGuy: I would consult with an outside attorney - what the company attorney is saying does not appear to be accurate. The approved I-140 would make you eligible for additional H1B time, it doesn't matter whether you are in the U.S. or not - the additional time can be requested in the same petition as the remaining 2 weeks of your 6 years - USCIS has specifically told us that you don't have to file 2 petitions in this situation.
  6. ZeroGuy: Yes, if your I-140 is approved, you should be able to have an employer file an H1B petition on your behalf, and receive an approval up to three years in duration (without applying under the "cap" again). Good luck!