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About collegian

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  1. Can my employer file a new petition while the current petition is pending adjudication?
  2. Can my employer file a new petition while the current petition is pending adjudication?
  3. What are the chances of approval in this case? I have been seeing conflicting posts with most saying that it gets denied majority of the times.
  4. Thanks for the clarification. My employer has said that they will wait for the old extension petition to be adjudicated before they file a new one. The current processing time is 4 months on an average so I was wondering if premium processing would be better to get the adjudication. I have a need to travel abroad again in November.
  5. Should I opt for premium processing of my case since my I-94 is expiring soon?
  6. Should I get my case premium processed because the normal processing times are 5-6 months and I will be out of status by then? My company's immigration contacts had told me that as long as I am present in the country at the time of filing and I have a valid visa stamp I can travel abroad and re-enter without any issues. Is that incorrect?
  7. What happens if petition remains pending until after the current I-94 expiry? Do I have to leave the country? Is amended petition not considered a fresh petition? Does the employer have to pay the same amount of money as they did for extension? Can an amendment petition be premium processed? Can my employer withdraw the current petition right now? It sounds like I will have to pay for premium processing twice if I need to get the current petition processed followed by the amended one.
  8. Hello, I recently had to travel abroad causing my H-1B extension petition to be considered abandoned. The USCIS status still shows that the petition has been received indicating that they are processing the petition. My questions are: 1) If my petition is approved then does my employer have to re-file the petition for Extension of Stay? Is the processing for that any different from the processing of plain H-1B? 2) My current stay is expiring on September 1 and I need to travel abroad in November. Will I have to opt for premium processing twice in order to get a I-797A with the correct I-94? 3) Will it be a better idea to have my employer withdraw my current petition and re-file a new one instead of going through this mess?
  9. Hello, I recently traveled abroad from May 21st (departed country on 05/21/18) - June 4th. My employer filed my extension petition on May 21st and USCIS received the receipt on May 22nd. My current visa stamp is valid until July 1 and my I-94 until September 1. Upon my return at PoE, the immigration officer informed me that my extension petition will be considered abandoned since I left the country after filing the petition and that my employer will need to file a new petition. Currently, the case status tool shows that my extension petition was received. My questions are: 1) Will USCIS update my case status to be abandoned at some point in the future or will they continue to process it as a normal application unless my employer asks them to withdraw it? I am not sure how this works. 2) How long can I stay in the country currently? I am assuming until September 1, is this correct? 3) What happens if the extension petition status doesn't get updated until after September 1? Do I have to leave the country until the status is updated or can my employer file a subsequent petition without having to wait for a status update on the earlier petition? Please advise. Thanks.
  10. I'll only have ~3-4 weeks remaining on my visa, so I was wondering if that would cause issues. Thanks for the response!
  11. Hello, Here are my H-1B 6th year visa expiry dates: Passport visa stamp : 07/01/2018I-797 A : 09/01/2018Latest I-94 : 09/11/2018 I work full time for a fairly big American company. My I-140 was approved in 2015 (EB-3) and most likely my company will apply for my visa under wage level 2 since I am a little below wage level 3. I have an urgent need to travel abroad in May 4th week for 2 weeks. I will most likely be left with 3-4 weeks of visa validity on my passport once I return. I have the following questions:1) Should I opt for premium processing of my case? I have heard that chances of getting RFEs are higher in that, is that true?2) Can I travel abroad during the fourth week of May while my H-1B extension adjudication is pending? Will I face any issues at Port of Entry during my return to the US?3) What happens if I get a RFE for my petition? Will I still be able to travel abroad and return as per schedule?4) What happens if the events abroad don't go as expected and I am unable to return before July 1, 2018 while my H-1B petition adjudication is pending or waiting for RFE response?5) If my H-1B extension is approved before or during my travel abroad then do I need to get a new visa stamp on my passport before re-entering the US?Thanks.
  12. collegian

    H-4 DS-160 questions

    Hello, I am looking to fill DS-160 for my wife to be and have the following questions: 1) What should the intended stay be in the travel section? My I-94 expiry date, the visa stamp on passport expiry date and I-797 A expiry dates are all different. Should I calculate the stay based on I-94 expiry date (which is the latest) or should I stick with visa stamp expiry date (which is the earliest)? There is a 2 month gap between the two dates. 2) My current address in US will not be current when my spouse appears for the interview. I don't know where I will be moving yet. Can I still use my current address for filling out DS-160? 3) Can I select married in the DS-160 form even though technically I am not? Please let me know. Thanks
  13. collegian

    H-1B extension stamping duration reduced

    Will I be beneficiary of the 240 day rule in case the approval doesn't come immediately?
  14. collegian

    H-1B extension stamping duration reduced

    Thanks for the suggestion. I thought I-94 was based on the date on the visa since the visa is the only document checked at the Port of Entry? Is there any other possibility too?
  15. Hello, I had my first H-1B extension approved until September 1, 2018. However, after stamping I see that it has been reduced by 2 months to July 1, 2018. My I-140 is approved. My question is - Will my employer still be able to petition for a new H-1B stamp before July 1, 2018 or I will have to stay out of the country from July 1, 2018 until September 1, 2018? Also, out of curiosity does anyone know why the duration gets reduced? I work full time with an American employer and the last time my visa got stamped I got the full duration approval stamped.