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aa11

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About aa11

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  1. aa11

    COS to H1B while COS to H4 is pending

    Can the COS to H1B happen while COS to H4 is not yet approved or will I need to travel out of the country?
  2. Hello, I am in a tricky situation, please help. I was working with Employer A on H1B status. Employer A terminated my job may 2021. I searched for a new job couldn't find in the 60 day grace period. The 60 days from termination date are passed now. But before 60 days grace period was over, I filed for a COS to H-4 dependent based on my spouse's current H1B employment. I received a notice from USCIS that my application is pending. The received date is 1 week before the 60 day grace period was over. Some background: I have been on H1B for last 5 years, 1 year before that on L1-B. My I-140 is approved from a previous employer X. Questions: 1. Now a potential employer B is asking me my current immigration status which they need to record. What should I say - H1B, H-4 or something else, since H1B employment was terminated and H-4 petition is pending. 2. If employer B wants to file a cap exempt H1B for me, can the COS to H1B happen while COS to H4 is in process Or will I need to go out of the US to get either H4 or H1B stamped? 3. I am an Indian citizen and If I need to get H4/H1B stamped, I heard consulates in India are closed. Which country can I go to to get the visa stamped?
  3. I was working with Employer A on H1B status. Employer A terminated my job may 2021. I searched for a new job couldn't find in the 60 day grace period. The 60 days from termination date are passed now. But before 60 days grace period was over, I filed for a COS to H-4 dependent based on my spouse's current H1B employment. I received a notice from USCIS that my application is pending. The received date is 1 week before the 60 day grace period was over. Now a potential employer B is asking me my current immigration status which they need to record. What should I say - H1B, H-4 or something else?
  4. Hello, I am on H1B with I140 approved from employer A. I currently work for employer B. I am in 6th year from when I came to the US. I am burnt out in my job and thinking about leaving my job and the US for a few months. When I plan to come back, can a new employer simply file a cap exempt H1B petition for me based on my current H1B, which I can then use to get stamping in India and come back?
  5. Switched job from employer A to employer B. My I-140 was approved with employer A and got H4 EAD for spouse. Employer B transferred my H-1B with extension based on employer A's I-140 and got my spouse's H4 extended as well. Employer B has not started the GC process yet.Can we file for H-4 EAD extension using the I-140 from employer A and H1B approval notice from employer B or do I need to have the I-140 from employer B?Thanks in advance.
  6. Hello, Need your valuable advice. I am on H1B and recently got I140 approved. Applied for H4 EAD for my wife and the application is pending. 1. Can I switch job without impacting my wife's EAD? 2. Will I need to reapply her EAD after H1B transfer? 3. How many times can I extend my H1B status and wife's H4 EAD if my original I140 is never revoked? Thank you.
  7. Hi Aparna, https://travel.state.gov/content/visas/en/general/automatic-revalidation.html This link suggests one can reenter on a valid I-94 and I-797 and expired visa stamp (This includes cases where U.S. Citizenship and Immigration Services has changed the nonimmigrant classifications of an alien to another nonimmigrant classification). What are your thoughts now?
  8. Hello, Need your valuable advice. My wife is an Indian citizen In the US. Here is the complete info: 1. Entered the US on L2 visa (my dependent) in Aug 2015. The L2 visa stamp and I-94 are valid till Aug, 2018. 2. In September 2016, received an approved H1B from an employer (COS from L2 to H1B with approved I797 and paper I-94 valid till 2019). She is currently working for this employer. 3. She does not yet have a H1B visa stamp since we haven’t travelled out of the US since her COS. 4. Now we booked a cruise from LA to Mexico for 3 nights from Dec 30 2016 to Jan 2, 2017 and later realized that this is an out of country travel and there will be an immigration check while re-entering. Questions: 1. Can she travel on this cruise and re-enter without an H1B visa stamp? Does automatic revalidation apply here? 2. What documents should she carry for immigration on this cruise? Thank you, Alok Aggarwal
  9. Hi Murthy Law Firm, Need your advice. I am an Indian citizen currently in the US on L2 visa. I need to get H1B visa stamped. Can I get it done from Canada or Mexico or will I have to travel to India for this? Thanks, aa11
  10. Hi Joef, Thanks for the detailed response. I get the point now. So the final question on this thread I have is: How long can the H1B employer wait before revoking the visa? Can he wait till October next year? For personal reasons I cannot join them before October 2016. -aa11
  11. Hi JoeF, I have read the link you posted above. Either you didn't understand my case or there is something missing in the info that you have provided. The article says: "If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap." ... meaning: "If Company A’s approved petition is withdrawn before the new petition with Company B is approved, then the individual would no longer be considered “counted” under the cap. The new petition would be denied for filing outside of the H-1B cap window." But in my case, it is already past Oct 1st and the original employer has not revoked the petition. Also, they will most probably not revoke it till i get a cap-exempt petition approved with another employer. Where is the rule that says I have to work for the original before getting transferred. The article just says the transfer cannot be done before Oct 1st. Please clarify. Regards, aa11
  12. Hi JoeF ..Well this is not exactly a transfer right? this is just the new employer filing a cap exempt petition coz i was counted in cap in 2015...Or am i missing something?
  13. Hello, I am currently on L1B visa with employer A. In 2015, Employer B filed H1B and it got approved in under consular processing. It was approved in september 2015. Now I don't want to join employer B, but want employer A to get the H1B transferred with them. 1. I haven't worked for a single day with B and not planning to join them either. Can A still get my H1B transferred? 2. If the answer to 1. is no, can employer A file a cap exempt petition for H1B for me? 3. What are the timelines for filing a cap exempt petition and getting it approved? 4. What is the latest time employer A can file a cap exempt petition? 5. What would employer A need to file a cap exempt petition? Just the receipt number or the approval notice too? 6. Can they file it as COS so that I dont have to go out of US to get it stamped? Thanks a bunch, aa11
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