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About MagicJP

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  1. My H1 got denied. My i94 expired and my 240days are over. I am in US from 2012 and the one that got denied is the extension after 6years. I have valid i140. What are my options now? Do I have to leave the Country? Am I eligible for H1 cap exempt? Can H1 cap exempt be filed in premium? Can H1 cap exempt be filed when I am in US? Can I apply for H4 through my spouse without leaving the country? Is my GC application still valid as my H1 is denied and will I still hold the priority date?
  2. MagicJP

    H1 stamping

    Wanted to know the best option to travel to india for a vacation in 02/16, come back and work. I came to USA in 12/12 on H4 visa and received H1B in 10/14. I did not work between 10/14 and 09/15 due to pregnancy. Now I have H1b valid till 08/17(not stamped in passport) and H4 I797 valid till 11/16(stamped till 12/13. 1. Is it best to go and get H4 stamping, come back and do COS to H1 ? 2. will there be any questions asked on H1 or my overstay during H4 stamping? 3. Will there be any issues at port of entry If I come in H4? 4. or is it best to go for H1b stamping? 5. Will my H1 get approved considering my overstay period?
  3. MagicJP

    H1 or H4

    Thanks Jairichi
  4. MagicJP

    H1 or H4

    I came to US on a H4 visa in 2012 and my H4 expires in Nov 2016. I received my H1b in oct 2014, and due to personal reasons I could not join work till Oct 2015. I am planning to go for vacation in 2016 and want to know my options. My questions : 1. a)Can I go for H4 stamping when I go to India as I have valid H4 I797 till Nov 2016 and come back and do a change of status to H1?(Note: My H4 stamp in Passport expired in 2014) b)Will there be any questions asked about my H1b at the consulate office? 2. a) Should I go for H1b stamping and tell the consular office that I continued to stay in H4 till september 2015 and activated my H1 only in October 2015 due to personal reasons?