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cap-gap

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About cap-gap

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  1. there are lot of babies in USA with only one parent, so not having both parents consent for PP is no big deal.. however in this particular case, all you need to do is just file a case against your wife in India and summon her for a court hearing... ...you may not have the funds or legal immigration status to stay in USA to handle the legal proceedings..
  2. cap-gap

    Indian Citizen marrying to US Citizen

    stay away from shortcuts and tricks.. https://www.murthy.com/2018/10/10/incomplete-indian-marriage-ceremony-can-result-permanent-bar-enter-u-s/
  3. Do you have proof that the response was received by USCIS not just that you mailed.. did the denial letter actually say that it was denied bcz of no response?
  4. cap-gap

    Transfer from Receipt to Receipt

    Your I94 has already expired but You are considered “in status” now which is contingent upon the” approvability” of your H1 extension petition in progress. if that ongoing extension petition is deemed unapprovable, then your claim of being in continuous status will also be denied and your petition with B will not get new I94. Moreover, for petitions like yours, USCIS has been asking for proof that the RFE for A has been resolved.
  5. cap-gap

    Transfer from Receipt to Receipt

    Your I94 has already expired but You are considered “in status” now which is contingent upon the” approvability” of your H1 extension petition in progress. if that ongoing extension petition is deemed unapprovable, then your claim of being in continuous status will also be denied and your petition with B will not get new I94. Moreover, for petitions like yours, USCIS has been asking for proof that the RFE for A has been resolved.
  6. Without the first h1b approval, you will have to go for h1 lottery next year.
  7. No.. very slippery slope. You have to get stamp of H1 to activate it and imagine the scenario of H1 getting approved on the day you are on flight from India.
  8. cap-gap

    I797 I94 overridden by POE I94

    talk to a well qualified lawyer like Murthy. Your company attorney must be just a paper pusher..they might be referring to the last action rule which is more geared towards determining the current immigration classification based on your last action, not the stay limit. But that rule lacks some clarity though.. One thing people in your situation has been doing historically is they go to local cbp office and get the i94s straightened out..this is not same as illegal presence subject to 10 year ban but must be nerve wracking nevertheless...
  9. cap-gap

    Transfer from Receipt to Receipt

    Every bridge petition should be approvable to preserve the status integrity. In your case it appears you may not be able demonstrate it if the RFE response is not accepted.
  10. cap-gap

    H1B visa approved for only 1 month

    OPT is history for you as of now. If your emi gets a new project you can apply for extension. Otherwise find another good emp for H1transfer. At least you don’t have to bother about H1 cap.
  11. cap-gap

    H1B extension rejected

    When will the so called highly qualified individuals learn real life skills? though one wants to be empathetic of your circumstances, the glaring mistake of filing the extension a week before status expiration is hard to overlook. For the interim, file for cos to either h4 or B2 along with a letter pleading for forgiveness of status gap. if she already worked for last couple of months that is another mess of unauthorized employment to be dealt during GC process.
  12. cap-gap

    H4 visa based upon US registered marriage

    In other cases a US marriage certificate is perfectly fine for H4 but the timeline of events in your case can cause somewhat suspicion for sure.
  13. cap-gap

    Stuck in USA....HELP

    You don’t need AP if you can re enter using valid (H1) petition
  14. Attorneys have specializations in law, not on various technical job descriptions. A B.A. is job role does not necessarily require technical degree. OP: Uscis review agent might be sending rfe by literal interpretation i.e how a B.A. job in IT based on commerce and finance qualifications. But you know that the reality is typical BA job role requires MBA and technical background rather than software degree..
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