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  4. The law regarding 240 days applies to petitions filed by an employer requesting an extension of status with a continuation of employment without change. The H1B Portability rules for work authorization are separate from the 240 day rule.
  5. JoeF

    Left US but received Stimulus payment

    If the person doesn't live in the US the person doesn't qualify. Also under the law. So, it was sent by mistake, and needs to be returned.
  6. Hi all, I was arrested for 243 E 1 Domestic battery(no injury) . About to go to court soon for arraignment date. Since there were witnesses, its getting difficult to dismiss or downgrade the charges , still trying through my criminal defense lawyer. Can someone who has faced this ,please share their experience with respect to this offense . The entire Immigration impact , background check etc . I will really appreciate it
  7. Ronit0117

    H1B based upon I-140

    So, under the above condition, employer does not revoke I-140 but also not started 485, can that approved I140(of more than 6 months) is still valid and doesn't matter even if employer revokes I-140(here I-140 has been approved for more than 6 months)
  8. adshah84

    My I94 is greater than my H1B max out date

    You need to leave USA before your calculated max out date
  9. Thanks everyone for your valuable input. I am not a employer. I am employee who's petition got selected in new registration based lottery system started this year. Due to corona virus situation I got release from a project here, that is reason my employer has hold up my petition filing this what i came to know unofficially lately after my all documents got verified internally. So that is reason I wanted to know really if they can't file the petition as also this year petition fee has to be paid only after selection which is in their hand. With very less time for me to get a project here, as June-end is petition filing deadline, I am really concern even after getting lucky through lottery😥 , H1B will not get filed. @02112018 Can you help with any official link from USCIS? with this at least I can inform them to consider my case if i don't get project. @JoeF @gopalakrishnach Yes employer has to only pay. As this year, they have to pay full petition fee only post employee selected in registration they have lot of control & current coronavirus situation has worsen it the most.
  10. I don't think so there any issue. AS you are out side of USA you are not on H1b visa or any other status anymore.
  11. Team, Below is the situation: 'X' has completed 7 years 3 months in US on H1B with I140 approved (2 years 3 months ago) with Employer A. X transferred to new Employer B 3 months ago(from now) as she had approved I-140. New employer has not YET started any GC processing(no PERM etc). Now 'X' has left with 3 weeks to find the job else employer 'B' can lay off her or ask her to return back to her home country. X's spouse has NOT completed his 6 years on H1B(as he shall complete 5 years of his H1B in next 4 months from now) and currently his GC processing is going on and PERM yet to be approved. X do NOT want to return back to her home country and stay in USA only. Can you please respond to the below queries: 1) Can X safely change the status of her H1B to H4 without impacting her GC and not violating any legal stay? 2) If "no" what options can X have? 3) If "yes" to query#1, when should she(latest and not staying illegaly) submit the COS from h1B to H4- 3 weeks from now if she does not find job or 60 days post lay off from employer B? 4) Instead of employer B laying off her, can X resign from the employer B(because employer B is giving option to work from home country), at the end of the 3 week window(job seeking) and then will 'X' have 60 days to find another H1B employer or COS from H1B to H4 paper work submitted? if COS to be done, can the paperwork be submitted at 58th day and be valid stay in USA? 5) What happens once COS to H4 is submitted and then while waiting few weeks/months for H4 approval, if 'X' finds now another new employer C who can file H1B- what is the process with it? COS from h4 to H1B(of employer C) or H1B transfer as COS from H1B(of employer B) to H4 is in progress. 6)With condition stated in query#5- Should 'X' wait for her first COS(H1B of employer B to H4) get approved and then apply or doesn't matter? What would happen if COS from H1B to H4 gets approved after X got her H1B approval(with Employer C)? Can 'X' cancel her COs application(H1B to H4) once she receives the new latest h1B approval? 7) With approved I-140 (of employer A), can X stay safely in US until she finds new employer to make her come back to H1B anytime? Will she need to wait for 1 year in H4 or stay outside US for 1 year and then apply again for fresh H1B? 😎 X can go on H4 EAD only when her spouse I-140 is approved and X's spouse apply for her EAD-correct? 9) Trust- under all these approval comes, 'X' should NOT travel outside US- correct? 10) 60 days of grace period refers to 60 calendar days or 60 business days? This is applicable only when employer lays off employee or employee resigns from employer or both? Please let me know. Thanks Ronit.
  12. curiousness

    Re-do DS-160?

    I have been outside the US for more than 90 days now and out of payroll from May 27 (but an active employee). Here’s a summary: Jan 10 - last day worked in the US. I had to fly to India due to family health emergency Federal FMLA - Jan 13 to March 25 (100% pay) State FMLA - Jan 13 to March 25 (100% pay) Approved Absence (APA) - March 26 to April 8 (100% pay) H1 was valid until 25 Feb, 2020 H1 approval (consular processing) – Received in March Received 797 physical document in April DS 160 filed in April PTO - April 9 to May 26 (100% pay) Unpaid LOA - May 27 to present Questions: Any H1 policy issues wrt being out of country or there might be relaxations due to COVID? Would this require me to redo DS-160 before visa (drop-box/appointment) or I am fine for now based on the timeline above? In the event that consulates remain shut and I join our India firm location/India payroll then would I need to re-do DS-160 because certain entries might need an update for e.g. Present Employer Address, Monthly Income, Start Date, etc. Please confirm. Thanks all!
  13. User099

    H1 - chennai consulate

    Its just the consulate that was notified. If you got an i94 you are good to use the H1.
  14. User099

    LCA for 32-40 Hours

    You should be ok, but if its a full time job then its better to have something above 35 hrs.
  15. User099

    Travel ABROAD during H1B extension travel

    You can travel, but its not advisable to travel. It will create a mismatch of the I94 numbers if you travel and come back before the approval and you will again have to travel to get a new I94.
  16. After reading this post, I emailed my employer's I9 services about this option. They reached out to I9 help desk to confirm. Apparently C26 category of EAD is not applicable for automatic extension. That's the response I got back. I would like to know if others on C26 category experienced otherwise.
  17. User099

    H1B extension Receipt date question

    Hang on to the proof that the package was delivered and signed by USCIS and it will be the date the receipt is generated.
  18. If you are a citizen of India, then you are not breaking any laws by working remotely in India. You can work as long as your employer is allowing you to work remotely. While coming back make sure you have the proof that you still have the job by carrying your paychecks as they might ask for it at POE.
  19. newacct

    Left US but received Stimulus payment

    And sending it out to people who qualify under the 2019 (or 2018) tax year is exactly what the law requires. On what basis do you claim it is "by mistake"?
  20. krishna-gopinath

    Incorrect I-94, new passport, H1B transfer

    Thank you for the response! With COVID-19 and other complications, would they correct this error with just a phone call or would I have to visit the local CBP office? Also, would this affect my H-1B transfer? Thanks again, this was very useful!
  21. Nothing is hard my friend, you just need to know how to do it.
  22. Ok, I misinterpreted your post earlier. You can work in US and study while on H1. How you manage you time is up to you and no one here should be advising you on it. If you want to be in US, you will have to maintain the job and your H1 status.
  23. Noah Lott

    Filling Form DS 160 for F1 - Query

    hmmmm.....how about a choice......(1) 'Yes' (2) ..'No'...why would there be any other answers? If a qualifying relative has filed an immigrant petition for your parent (as a sibling, I suppose), they would have included their minor children as well...so that petition is filed on your behalf if you could obtain an immigration benefit. If you are 21, then any petition (by a sibling) filed for your parent, would not include you because you cannot be a derivative in that instance. Thus, there are 2 and only 2 possible answers. Pick the appropriate one.
  24. You should leave the time management to the OP and can't tell that he can't do a PhD and a Job at the same time. A full time job doesn't mean that you are working 24 hrs for the employer.
  25. My H1b is maxing out on July 8th, 2020 (calculated including all out of US days). Although my new H1B petition has end date till Oct 6th, 2020. Can i legally stay until Oct 6th? Or i need to leave USA before my calculated max out date?
  26. Thanks a lot for the responses guys.
  27. Last week
  28. anonymous_user12

    Notice for visa revocation

    Hi I received an email form my Visa issuing consulate that they have revoked my Visa based on section 221(i) of the Immigration and Nationality Act(INA). Based on the email received I have a few question for clarifications: 1.How many days do I have before I have to leave the country as my visa shows that it is valid? 2.How can I get information on what grounds have they revoked the visa? 3.How should I handle the situation in terms of appealing against my revocation as I haven't even received any information on what grounds this notice has been sent.
  29. Hello, I got my H1B approved under COS on June 2nd, 2020 with a start date from October 1st, 2020. I read a few articles and it seems I can apply an H4 visa for my wife before the start date. We got married in March 2020. Here are the points at which I am really confused and would greatly appreciate any help. 1) Current Visa status of principal applicant -> F1 ??? Or we fill the form once my H1B is activated ?? What do I put in the above field? From what I think, putting H1B not a good idea as my status has not been activated yet. If I put F1, will that be alright in explaining VO? 2) My wife has a previous B1/B2 rejection with 214b. What can I write in the explanation for the same? 3) My wife is currently a homemaker and was employed previously. Do we need to present the paystubs of the previous employment? 4) What do I put in the "Intended length of stay in the US" section? 3 years ?? Any help will be greatly appreciated. Thank you.
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