MBATechGrad

thanks. yes spoke with few attorney. they advised two options - going out of country and come back with stamping or file fresh h4 extn with nunc pro tunc request. we have 8 months twin babies so traveling out of country will be a challenging. did anyone file for nunc pro tunc request in such similar cases?

Hi All, I also have similar kind of case but with H4 extension already filled. 1. My wife has been on H4 since last few years. 2. last year (2019), we filled for her H1b which was approved in April'19 with start date 10/01/2019 (COS) 3. However we decided not to change her status on H1B in Oct and instead filled for her H4 extn on Sept 18th. She has been on H4 status from April to Sept period 4. She never joined H1B firm and continued to be on H4 status after extension was filled in Sept. we already told her employer in Oct that she won't join. Her H1 petition was withdrew in Jan'20. 5. Now we got a letter from USCIS that H4 is declined because she should be on H1B status starting Oct 1st. I was told that her H4 should have been approved considering H4 extension was filled before Oct 1st (on Sept 18th). Please advise on possible options - a). Should she leave country and return back with H4 stamping b) should we file fresh pro nunc tunc H4 extension while she is in US? which option has higher chances of approval.

Hi All, my spouse has received H4 denial notice and we would like to consult possible option in that regard. Situation - 1. She has been on H4 since last few years. 2. last year (2019), we filled for her H1b which was approved in April'19 with start date 10/01/2019 3. However we decided not to change her status on H1B in Oct and instead filled for her H4 extn on Sept 18th. She has been on H4 status from April to Sept period 4. She never joined H1B firm and continued to be on H4 status after extension was filled in Sept. we already told her employer in Oct that she won't join but not sure when withdrawal was done for H1B petition 5. Now we got a letter from USCIS that H4 is declined because she should be on H1B status starting Oct 1st. I was told that her H4 should have been approved considering H4 extension was filled before Oct 1st (on Sept 18th). Please advise.

Hi All, Could experts please clarify if it's possible to initiate EB1 with the previous employer? Case details - I was with Company A in India in a managerial position until June 2013 and moved to US on L1-B visa in July 2013. In August 2014, I joined company B through COS from L1 to H1. Company B has initiated GC for me under EB2 (Jan 2015 priority date). However Company A is keen to hire me back and ready to do H1 transfer. As I have worked with company A in India (until June 2013) in Managerial position, am I eligible for EB1? Though there is a break in employment with Company A starting August-2014. In order to file GC under EB1, does it require that employee continue to work with the same company after moving to US? Appreciate help. A