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  3. My ex-husband's company filed for GC in EB2 category in Jun 2009. I was added to his application as dependent (after our marriage in 2009). Both of our I-485 is pending currently. Got divorced in May 2017. Have not informed uscis. My I-485 is still pending and EAD is valid until April 2019. I am working on EAD currently. I have found a H1B sponsor who is ready to file for H1B (cap exempt using my old expired H1B). He said it cannot be done in premium processing. Regular processing takes anywhere between 2 to 9 months. My questions: 1. Have I accrued any illegal stay after divorce (though I have pending I-485)? 2. If yes, should I be leaving US before 180 days? 3. The 180 days grace period is calculated based on divorce date or I-485 withdrawal date? 4. If I stay in US until my H1B is approved (could be over 180 days), then go to India for visa consular processing, what are the chances of my visa getting denied based on the facts of my divorce, my overstay (180+ days) and working during that stay? Will the consular officer know my divorce date etc to calculate overstay days? 5. Should I leave the US before 180 days, once H1B is approved, then go for visa consular processing? Any advice/suggestion is greatly appreciated. If I have to leave the US before 180 days from divorce date, it would be Nov 18 2017 and I have just a month to wrap up everything and return. Expecting early reply so I can take a decision. Thanks in advance!
  4. Hello pontevecchio, Can we get h1 extensions and also H4-EAD even though the employer wihtdraws I-140 ?
  5. Is the job for which the H1 petition was filed still available to you?
  6. But you need to know that you will get I-94 only till October 2018 while returning to US. So you need to renew your I-94 again.
  7. My ex-husband's company filed for GC in EB2 category in Jun 2009. I was added to his application as dependent (after our marriage in 2009). Both of our I-485 is pending currently. Got divorced in May 2017. Have not informed uscis. My I-485 is still pending and EAD is valid until April 2019. I am working on EAD currently. I have found a H1B sponsor who is ready to file for H1B (cap exempt using my old expired H1B). He said it cannot be done in premium processing. Regular processing takes anywhere between 2 to 9 months. My questions: 1. Have I accrued any illegal stay after divorce (though I have pending I-485)? 2. If yes, should I be leaving US before 180 days? 3. The 180 days grace period is calculated based on divorce date or I-485 withdrawal date? 4. If I stay in US until my H1B is approved (could be over 180 days), then go to India for visa consular processing, what are the chances of my visa getting denied based on the facts of my divorce, my overstay (180+ days) and working during that stay? Will the consular officer know my divorce date etc to calculate overstay days? 5. Should I leave the US before 180 days, once H1B is approved, then go for visa consular processing? Any advice/suggestion is greatly appreciated. If I have to leave the US before 180 days from divorce date, it would be Nov 18 2017 and I have just a month to wrap up everything and return. Expecting early reply so I can take a decision. Thanks in advance!
  8. as you have already finished 6 yrs of your H1 you wont be cap exempt a.k.a you wont get H1 transfer you have to apply fresh H-1B
  9. Thanks for the reply Joef.
  10. You cannot file for AOS unless your dates are current and first the I-140 has to be approved.
  11. H4 is a status and not an approvable petition. She would do well to discuss this with a lawyer and maybe leave and return with a H1 visa. Why are you even thinking of a H4 visa ? Is it a DCC ? Based on your facts she is in H4 status now.
  12. This should not be a factor in their decision.
  13. She is on H1 now. If she files for COS to H4 I think she can still use that EAD. Better to cross check with attorney.
  14. Your H1 is no way related to your father's visiting visa.
  15. Please get back to your work and don't divert the topic.
  16. I researched it couple of months back and I found none.
  17. Should be okay. You have to save your old passport and carry it with you when traveling.
  18. I am from India and my current priority date is Jan 1 2012; wondering if I can proceed with I485 without even I140 submission notice.
  19. I am from India and my current priority date is Jan 1 2012.
  20. Hi, Is there any way to pay H1B visa fee from US for appointment in India?(I don't have a bank account in India that I can use for online transfers or cash payment) I was wondering if there was a way to pay by US credit card or debit card or online transfer from US bank account? Thanks.
  21. thank you very much for your reply
  22. thank you very much for your reply
  23. Hi All, Need urgent help to understand the Visa status for my wife. Below is the timeline of different activities for her Visa Before April, 2016 H4 Visa April, 2016 Applied for new H1B with Change of Status. To be effective from October. Mid April, 2016 Got H1B picked in lottery. June, 2016 Applied for H4 Renewal and H4 EAD. As H4 was expiring and H1 was to be valid from Oct 2016. Aug, 2016 H4 went to RFE. Responded to RFE in 10 days. Oct, 2016 H1B Approved and started working. April, 2017 Received H4 EAD , but no H4 approval Need help with below : Is She on H1B or H4? If she is on H1B, and she transfers to H4. will her H4 EAD still be valid.Or she would need to file again ? If she is on H1B, how can she move to H4 ? And work on H4 EAD. Since H4 approval is not received, but as per USCIS it was approved, how can we get the H4 approval notice ? And will that be required if we decide to go to H4 visa for stamping ? Or H4 is not even valid ?
  24. Hi All, Recently, I went through one of the worst days of my life, where in the month of August 2017, i was arrested for DUI in California state. Blood report stated BAC to be 0.14. This was my first DUI arrest ever. Since then I have consulted multiple Criminal lawyers and finalized one, and also i have consulted with Immigration lawyer for my queries. I am posting here, as want to understand the current implications and want to get first hand knowledge and experiences of others on DUI conviction or an Arrest for H1B non-immigrants on current Government stand and scenarios . It would be great, if someone can answer my queries: Queries: I got the approval for my H1B extension for current company in June 2017 which is valid till June 2020. Immigration lawyers have advised me to utilize my H1B quota and then only to leave country, as otherwise, if I leave country, I will have to go for Stamping and there is a good chance for me that my visa gets rejected. My query here is, "Has anyone in last few months(Mar 2017- Sept 2017) with recent DUI under their record (may be in an year), have gone for H1B stamping in India. Kindly share your experience. Was the visa Rejected or Approved" I have received an offer from another company, can I go for an H1B transfer. Will I face any issues, as my case is still yet to be heard. With a Arrest or DUI conviction [considering a worst case scenario], will I face issues while applying for visa in other countries in future. If yes, in which countries. I was reading online and I could see that there could be issues in visa grant for Canada and UK. One of the Criminal attorneys told me to take Alcohol classes in advance, as it can help me close case fast, as after court gives a decision, i would have to just submit that record to court. But my current Attorney is saying that court does not give credit for alcohol classes, if its taken in advance. Can anyone please confirm on this. I have also started with 12 AA sessions. Thanks a lot for reading my queries, awaiting the answers. Regards, A Non-Immigrant
  25. Is there anyway I can continue working on L1 . Due to some health issue I don't want to relocate now so I want to continue on L1 with CompA . Please note only VISA on my passport is L1 and its valid till Sep 30 .
  26. Hello, My wife is currently on H1B working for an large Indian MNC at California. Her visa is set to expire on 31st Dec 2017. She has applied for extension via her employer and already received confirmation that the case has been received at USCIS. However, due to her sudden deteriorating health conditions, she is planning to take FMLA from Oct 15th to Jan 15th (I understand CA allows 12 weeks of FMLA). Will her H1B extension get impacted due to FMLA?
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