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Mr.Rao

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About Mr.Rao

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  1. Hi Team/Members, Please run through the below scenario and comment based on your expertise. 1.My spouse is on H1B with i94 validity till August 2020 and her company was shut down on July 31st 2018. 2. Grace Period gets over by Sep 30th 2018. 3. Company A filed a H1B on Sep 7th in normal processing but we are hesitant to join as they are EVC model and not sure of the approval rate. 4. Company B with good H1B approval record is working on filing the H1B before Sep 30th. Given the situation, company B gave us a joining date of October 15th and the attorney of the company B insists that "Filing of H1B before the 60 days grace period is important and you can join the company anytime and its NOT necessary you have to start work before 60 days grace period" I would like to get a second opinion from forum members here. Are we fine just filing a H1B transfer before the 60 days grace period and not to work till the company asks us to even if it is after 60 days grace period? Is it ok to stay without payroll just because we filed H1B within the allotted grace period? If yes, then is my spouse is already safe from grace period when the Company A filed the H1B on Sep 7th? Any comments are appreciated.
  2. Hi team, My spouse is currently working in a company which applied her GC and the i140 was approved an year before. The company have given her notice to shut down and she is looking for a job now. Her last day at work will be July 31st. Which of the following options are best to consider? 1. Try to find a job and do a H1 transfer as soon as possible. There is no way a company can hire and file the H1B before July 31st. So we are not banking on this option. 2. Use the grace period of H1B which is 60 days and do a H1B transfer within the grace period. If this option of trying to utilize the grace period is chosen, we would like to know whether COS to H4 EAD can be done during the grace period if in case we are not able to get a job for my spouse on H1B. Also, will the job search during grace period be considered Out of Status? 3. Move to H4 EAD before the grace period and then find a job to transfer to H1B again. If we move to H4 EAD - what will happen to the i140 and priority date when she get back on to H1B? Will the current i140 approval help her get extensions beyond 6 years (her 6 years of H1 will be done by Oct 2019) once she gets back on to the new H1B? Also, what is the difference between H1 to H1 transfer and H4 EAD to H1 transfer (COS) when it comes to USCIS point of view. Thank you in advance for your time and effort on this. Thanks Rao
  3. Hi Team, Thank you as always for all the support provided by you. I have a scenario below. 1. My spouse works for a company A at location A. 2. We got married recently and my spouse is getting an option of remote working from location B (which is our new home in another state). 3. She have her i140 approved October 2017. If we have to make this change to remove work successful, what should we do and what will happen to the i140. Do we need to: 1. Amend LCA? 2. Amend H1B? 3. Redo GC from PERM application? Thank you in advance for your answers and any suggestion you think valuable. Regards Rao
  4. Good luck to your cousin. Please update us with what happens. Thank you in advace.
  5. Thank you @rohang and @shekar11#
  6. @mmn1234 Good that your problem got solved. I have a quick question though. What was your visa status during your entry into in the US? did you have visa for the new i797 or the visa was still with the old i797?
  7. Hi, I am sure this question might have been asked in many other places in this forum but I was not able to find it. I have a visa valid till 23 June 2017 (stamped with the old i797 which is valid till June 23 2017). I have already applied for extension and got it approved till June 2020. With the above situation, I may have to travel to India end of March and will be back in April. My questions are: 1. How close to the date of visa expiry I can enter the US with the old visa and the new i797? 2. If they allow till the last day of expiry stamped in the visa, will they provide i94 based on the new i797 or the visa stamp expiry date? Thank you in advance.
  8. My two cents: With the experience as I went through the same river, if you have valid i94/visa valid even after laid off you are not accruing any illegal stay. So you can answer NO. Illegal or Unlawful presence is when you are clearly denied to stay in the country through official papers. Please consult an attorney if you are so confused. All the best.
  9. Thank you for you replies Shekar and Joe. My doubt if, if they are going to reject the visa they are not going to collect the passport, then what are the chances the visa office at the counter on the spot have the chance to put a cancelled stamp on it? Thank you in advance.
  10. Hi all, I would like to know what happens to your current existing valid visa stamp if your new visa application gets denied for some reason. Scenario: I have a valid visa stamping in my passport till June 2017. I have a newly approved i797 valid till June 2020. Unfortunately I am stuck in a marital case (the familiar 498a crime case in India) because of which I had an arrest warrant and I had to go to India to get bail last year. I got travel permission from the court and now in the US at present. If I go to visa stamping in Mexico in this situation, I have to fill YES for the "have you ever been arrested or any criminal cases pending?" question in the DS 160 form. I have the below questions: 1. What are the chances my visa be denied because I say YES for that question. ( The case is yet to come to trial. I have all the copies of bail, travel permission and power of attorney given to my father on my behalf). 2. If I am applying for visa next month and it gets denied in the worse case, will I be able to use the existing visa stamp that is valid till June 2017 and travel back or will I be in trouble to even use the existing visa and enter the country? Any suggestions and inputs will be appreciated. Thank you in advance.
  11. Hello Krisha, Is there any update on your cousin's visa stamping? Was it positive? Thanks.
  12. you are right GNH. I should have done that :) Fortunately, I was not asked any questions or details about the 498a case at the POE of USA. I entered USA as normal as before. Thanks again Century and GNH -RN
  13. Thank you for the clarification GNH. I am travelling next week and will post on what happens so that people who refer to this thread in the future gets benefited. Thank you Century and GNH again.
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