pontevecchio

How does one petition for a niece?

Was it a blanket visa? Then why was the extension filed?

That is not true. What does your contract with each company say? ASK A and also B if they have an issue with the scenario.

There is absolutely no problem with what you propose to do. Only answer questions asked with eye contact and in brief. Most certainly he will ask you how many days you are staying and nothing else.

That is not allowed. You may like to explore the possibility of buying them the appropriate school texts of the school they will be attending in Canada and going through these texts with the kids.

The matter is totally irrelevant to your situation. Just move on.

You should consider discussing the matter with the firm of Murthy or any of your choice. Presumably, there are records of you and your son entering the country all those years back?

What will be your status in Canada?

H1 cannot be filed in India. The petition will be filed with USCIS in the USA. The current extension will be moot since you will have no time after January 5 available to you in H1 status based on the total 6 years. In order for the employer to file an H1extension for you, either PERM must be pending 365 days or an I-140 must be approved for you based on the PERM filing. Hence you will be working from India till the PERM is pending 365 days or if it is approved earlier, the corresponding I-140 is filed and approved.

This is not a question which a forum can answer in a meaningful way. Please get a lawyer on the case.

1. 31 December 2. No transfer, but consular processing for an approved H1 petition after that possible.

You mean that they are planning a trip in 2020. Since they got the visa once, they should be able to get it again. There is no sponsorship involved and they should apply on their own recognizance.

All you need to do is to wait in India for the I-140 approval using PP if allowed and then getting an H1 extension of hopefully three years and returning with the visa. You are looking at some time spent in India.

If one overstays the I94 and subsequently the extension is denied, the existing visa is void even if the person leaves before the decision. It would be irresponsible to suggest otherwise. The only scenario where the Visa is saved is by leaving before the existing I94 expires. If one overstays the existing I94 and subsequently the extension is denied, the visa is gone. If the subsequent decision is approved, then alls well.

1. No. PERM or I-140 pending 365 days give you extensions. 2. Yes 3. In order to return, you will need an H1 visa and an approved petition for the company which you will work for, in this case, B. You may need to work for India till I-140 approval.

I doubt it. Only one way to find out and that is to apply. Presumably, your employer does not know about the problem?

https://www.gov.uk/check-uk-visa/y/india/transit/somewhere_else/no It would have been easier to check before the fact. You can still try and get the DATV if you hurry it up. Check out the above site and VFS.

As said above, overstaying her I94 will result in the cancellation of her visa if the extension request is denied after her I94 expires.

Is your spouse working for her H1 employer in the US?

You seem to be a victim of a scam. Did you ever get phone calls or emails from an entity claiming to be the IRS? and threatening jail time for your friend if you did not pay up?

The title should not matter if the job description is the same. Make your Immigration team aware.

1. When did her I94 expire? She should leave as soon as practically possible. 2. She can go to any consulate.

Let your Dad apply for them and you stay out of it. Strong ties are based on the value judgement of the Officer based on eye contact and brief answers. No documents are necessary and no person is asked to prove strong ties which are a nebulous concept in any case. The trip duration has to be realistic and mentioning graduation may work if you are in MIT.....etc.

1. They can file wherever you are. 2. Possible 3. Penalties after 180 days of unlawful presence onwards.

@OP