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  1. Yesterday
  2. MyH1BTransfer

    H1B transfer after i94 expiry.

    Hi, Below is my situation: I am working for company A and my i-94 expired in Feb 2020. My H1B extension with my current employer is in progress. I got an offer from company B. I would like to know 1. If transfer petition is filed for company B, does transfer approval depends on my current H1B extension approval? 2. what happens if h1b extension which is in progress gets denied before transfer approval? 3. Is the petition filed by company B a bridge petition? how does it impacts my current situation? 4. what happens if company B transfer gets approved while extension is in progess, will i get i-94 along with i797? Thanks!
  3. No need, H4 is good as long you have a valid H1 to tie it back to till Dec 2021 even if Emp A withdraws his H1.
  4. Since you never came to US nor got a visa stamp, I don't think you were counted towards the cap. You might have to go thought the cap again.
  5. You attorney should be able to call USCIS to get a status on this.
  6. User099

    H1 7th year renewal

    1. Yes 2. Its good if you can get it approved before 3/31. But if you file by that date you are good. 3. 3/31
  7. 1. High 2. Leave the country or convert to any other visa category. 3. Day 1 CPT is a sweet poison, will look good now but will be an issue in the future. 4. If thats an option, then Yes.
  8. User099

    AAO Appeal Sustained

    Once AAO approves, it will send the case back to USCIS to reconsider. USCIS will have to approve the case. It will still take couple of months. There is a separate thread to track such cases on this forum, you might have to check there.
  9. Which Univ is going to give you an I20 in 1 week? I don't think it will be possible for you to file for a COS to F1.
  10. User099

    DS-160 Employer info

    Are you still under US payroll? You might have to get this reviewed by an attorney.
  11. User099

    Got laid off when H1B extension is pending

    1. You are out of status now, you will have to leave the country ASAP. It better to talk to an attorney before taking any step. 2. You are out of status now. If your employer fired you now, you technically can't use the H1 that is approved after being layed off.
  12. User099

    H1B cap Exempt filing

    1. You cant work on receipt, you will have to wait for approval. 2. You can't work till you get your H4 EAD. You can apply for that after I140 is approved. 3. H4 EAD
  13. Mav777

    H1 extn beyond max out

    Read the other posts on this forum. No remaining time necessary. Can file for a cap exempt 3year extension based on an approved I140 even after current h1’s over and the beneficiary is not in the country.
  14. cyberlord

    H1B Visa Interview/Stamping Waiver

    You will need a new H1B stamp on your passport
  15. GroundHog

    Copy of I-797

    Go to first.uscis.gov Create your account and open a FOIA request online.
  16. GroundHog

    H1 7th year renewal

    I am not sure abt your 1st ques. Regarding 2nd, I think once your employer applies your extension, you should be good for 240 days grace period. So, I am guessing that if they just apply before your expiration, you should be ok. But again, this is just my opinion. I dont have any expertise with immegration.
  17. Hello, I am on L1-A Individual petition which expires on 15-Nov-2020. During my last visit to India, I received an extended I-94 date till 01-Dec-2021. Can I stay in the US after 15-Nov-2020 based on my I-94 date? I know it is possible on blanket petition but how about Individual petition?
  18. Mav777

    H1 7th year renewal

    1) where is the one year extension coming from? Only an approved i-140 allows for a 3-year extension or a pending perm allows for a 1year extension. Your situation is neither. 2) your extension application to recapture unused time, needs to be submitted prior to march 31 and not necessarily approved by that date. It wouldn’t hurt to have an approved petition by March 31 however. The company will have to apply in premium so that you get a decision in 15 days. Regular processing I think is 4-5 months, which would mean you would get a decision on your extension after your 50 day extension period is over.
  19. Last week
  20. 1. As everyone replied, H1B will have 60 days or I94 expiry whichever is earlier to search for the job and get H1B filed with new employer. 2. In general its recommended not to quit the job until you get another employer to file H1B. This was she will not lose her H status. 3. If I understood correctly, its her last year on H1B, that means May 2020 is her max out date. Is her I-140 approved? If not, it may be difficult to find another employer to file for H1B at this stage.
  21. sri85

    H1b Renewal and RFE, help needed

    Hi, My employer filed for H1b Transfer and Extension in premium processing and received RFE last week. Received RFE for speciality occupation & Employer-Employee relationship. For Employer-Employee relationship, we submitted 1) Project description letter 2) Employment Offer letter 3) Valid contractual agreements (EVC) 4) organizational chart - client side For Specialty Occupation we submitted 1) Description of the duties 2) LCA 3) Company Brochure 4) Client Letter Received RFE saying these evidences are not valid and asked for additional evidence. I'm working with employer and attorney to respond to RFE, but if you can think of any additional documents to submit please suggest. Thank you -Sri
  22. Following is my opinion & I don't have any expertise with immigration laws. If you know that Employer A will definitely withdraw your H1B, then your best bet would be to apply for H4 transfer even though that will shorten your spouse's H4 validity. In any case, her H4 always needs to be backed by your latest I-797. Even if you keep her current H4 status till Dec 2021, if your new I-797 is valid only till Oct 2020, she cannot stay or enter into the country after that!
  23. Val1111


    Hello! I hired a lawyer to help me with my first OPT application. My DSO put on my I-20 dated October 24 but I didn't know I had 30 days to send everything to migration. In November I took all my documents to the lawyer and he sent all the documents to the immigration and the case was received on December 13 my OPT was denied because the i20 dated October 24 and it took more than 30 days to send the request for OPT. I graduate also in December 13. Apply for a mosion will be a good option? I am STEM career. please advice!
  24. Hello, following is my immigration situation: - I am on H1B with Employer A. I-140 is been approved more than 6 month ago. - I got 3 years H1B extension. Spouse's H4 EAD extension is in process. - Employer B is planning for H1B transfer. They will start GC process after 6 months of joining. Questions: 1. If I got 3 years H1b extension, will my spouse get H4-EAD for that whole period or there's chance that her expiry date would be earlier? 2. If Emp A revokes I-140 before Emp B starts GC process, can I still use my same priority date? 3. If Emp A revokes I-140 before H4 EAD is approved, would there be any impact on on H4 EAD processing? 4. Lets say if everything goes well, H1B transfer & EAD is approved and then Emp A revokes I-140, will EAD be still valid? 5. Any other complication in this scenario that you think I should consider while making my decision? I would really appreciate it! Thanks in Advance, GroundHog!
  25. Hi, I have an H-1B visa and my wife is holding an H-4 visa. I want to sponsor my in-laws' visitor visa to the US. Is my wife's birth certificate mandatory for their visa interview?
  26. Hi, My current H-1B and my wife's H-4 visa is going to expire in August 2020. My company is going to apply for visa extensions soon. This will be our second visa extension. We have attended our prior 2 visa interviews in India, our country of origin. I have the following questions regarding my wife's H-4 visa application. Given the delays with H-4 extensions through I-539, does it make sense for my wife to get the visa extended through consular processing once my H-1B is approved? Her visa application will go to the California processing center so it is expected that she won't get approval before August 2020. Due to health reasons, she can't travel a long distance. So we were thinking to go to Canada or Mexico for H-1B and H-4 visa stamping. Can we go to these countries for visa stamping when previous visa extensions were done in India? Do we need a visa to travel to Canada or Mexico for the purpose of US visa stamping?
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