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Simran Ji

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  1. Hi, Below is my current situation :I am in my 6th year of H1B with maxout date as Aug 4, 2019 and current i94 is expiring on Aug 14, 2019My PERM was filed in my 6th year and both PERM and I-140 are approved as if today. My H1b extension case is yet to be submitted to USCIS. What is my due date for filing H1b Extension, is it Aug 4th i.e. maxout date or Aug 14, i94 expiration date? What are my options if my employer fails to file the extension before the due date? Regards Simran Ji
  2. Hi, My PERM is approved (May 30th, 2019). Hopefully, i140 will be filed by the end of June in PREMIUM. Is there a fair possibility now to get i140 approved as well as extension filed before Aug 15th ? (~2.5 months) Regards Simran Ji
  3. Hi, I am on H1B and below are important dates. 1. Max Out : Aug 05, 2019 2. i797 valid : Aug 05, 2019 3. i94 valid : Aug 15, 2019 4. Priority date (PERM) : Mar 25, 2019 <- Approved on May 30, 2019 5. i140 : To be Filed (Premium Processing) before end of June 2019 Question 1 : Is it a good idea to file COS (H1->H4) now with effective date Aug 16, 2019. So that if i140 is not approved by Aug 15, I can stay here without traveling to India Question 2 : Considering if COS is approved first and i140 is approved later (let's say someday in July) 2A) Can I file H1B extension for the 7th year based on approved i140 irrespective of approved COS as new status is H4 is w.e.f Aug 16th 2B) If the answer for 2A is yes (and H1B extension is filed), then for me to continue on work beyond Aug 15th, do I or my employer need to file another COS for H4->H1 in this case or not required. 2C) Should I inform my employer that I am going to file H1->H4 COS and above situation could occur Question 3 : Considering if i140 is approved first and COS is still pending 3A) Can I cancel the COS request electronically and is it immediate. 3B) What if COS also gets approved on the same date or next day but after the i140 approval Question 4 : Would it be a wiser decision to wait for i140 approval until Aug 13th and if not approved, file the COS on Aug 14 (i.e. 1 day before the i94 expiry) Question 5 : What will be my last date to file COS (H1->H4). Is it Aug 5th or Aug 15th? I am assuming its Aug 15th. Please confirm
  4. My H1-B max out date is Aug 5, 2019 and i94 Expiration is Aug 15, 2019 My husband is in 8th year of H1B and maintaining his status. Can I file H1 to H4 COS while being here and before Aug 5, 2019 without travelling to India. Please share the process and conditions in detail.
  5. I am in my 6th year of H1B with below end dates : Maxout : Aug 5, 2019 i94 Expiration : Aug 15, 2019 My PERM has been initiated (EB-2) on Apr 1, 2019 Questions 1) : I am optimistic that my PERM and I-140 (Premium) will get approved before Aug 1, 2019 and extention for 7th year would be filed before i94 expiry, but in other scenario, if it doesn't happen what are my options? (a) Can I file change of status to H4 (spouse working on H1-B) in last week of July w.e.f Aug 5, 2019 ? (b) Can I travel to India in last week of July and get H4 stamped and then enter in USA on H4 visa. 2) : For option A, Can I file H4-EAD along with COS application, or I have to wait for COS to get approved first ? 3) : How long does it take for H1 to H4 COS to be approved ? 4) : Can I file it myself or my spouse's employer need to file it.
  6. Hi, I am on H1B visa and applied for extension in March 2018 and decision is expected to come within 1-2 weeks. Since, there is a possibility for denial, and in that case if I go to back to India and wants to come to USA on H4 Visa, I need your advise on below. [ Situation : My husband is on H1B visa, his 797 is valid until Dec 28, 2018 and extension has been filed with USCIS this week.] Q1) Can I go for H4 stamping in India based on my husband's current 797 (Expiring Dec 28, 2018). By the time it would be around mid-December. Q2) If my decision comes little late and by the time his 797 expires, is is possible to get H4 stamping based on his H1b extension which is in progress. Thanks & Regards Simran Ji
  7. Hi, I need your help in below : My Situation: - H1B Extension Filed : April/2018 (6 year ends - Aug/2019) - Previous H1B I-94 Expiration Date: July/2018 - My husband works for a reputed company on H1B and has maintained status (I-140 was approved back in 2017). I am planning to apply for H4 COS so that in case my H1 extension is denied, I do not need to travel back to India and can stay here. Questions: I understand that I am in legal status for 240 days (starting from 07/20/2018) due to my pending H1B extension petition so I am eligible to file H4 COS. - Will my H4 COS petition be defined as "bridge" petition since I am applying for H4 after my I-94 expired? - Given that I am applying for H4 COS while I am in lawful status (H1B extension still pending) -- What should be filled as the effective date for new status for the COS application (I-539). The decision date for H1B can not be foreseen. -- Is there a way in the COS application to specify that status should remain current i.e. H1B if it extension gets approved otherwise it should change to H4. -- If not, what will happen if my H1B extension gets approved, will I need to file COS from H4 to H1 that time? Thanks & Regards Simran Ji
  8. Simran Ji

    Moving from H1B to H4 EAD without a break

    Thanks for your reply. So, can I file for H1 to H4 COS and H4 EAD together once I will get in to a situation when my H1B extension is not approved and I have to leave the country in a week or two (max). Is there any premium processing for H4 COS and/or H4 EAD to process it faster
  9. Hi, I am currently working full time and my visa status H1B. It was valid until Jul 2018 and my extension has been filed with USCIS. My husband is also working on H1B and his 797 & i94 is valid until Dec 2018. His i-140 is approved and his H1B extension is also been filed recently . Based on current circumstances, there are high chances that my extension case may not get approved. If I want to continue to work without break then what are my options ? 1) Can I file for H1 to H4 COS and H4 EAD together with effective date as my last working day (i.e. the date my employer stops running my payroll ) 2) If decision of denial comes after Dec 2018 (my husband's H1B expiration date), Can I file H4-COS and/or H4-EAD based on his H1B extension petition which is pending for approval. 3) If decision of denial comes before Dec 2018 (my husband's H1B expiration date), Should I file H4 COS and/or H4-EAD based on his current approved petition number and then again file a application with new petition number (pending approval). Or, I should file it once only with petition number whose approval pending or both petition numbers in same application. 4) Can I continue to work in same job with same employer when H4 EAD application is in progress. What my employer needs to do in this case. 5) If answer of (4) is No, then can I stay in US when my H1 to H4 COS (and/or H4 EAD) is filed and decision is not taken yet 6) Any other suggestions to continue to work without break (or short break) in this scenario. Regards Simran
  10. I am in US on H1B visa. My last visa stamp is till Sep 2014 with employer A. I joined employer B in Oct 2014 and since then my H1b extension is done twice. My current H1b extension is valid until Jul 2018. Emoloyer B changed my work location in Aug 2017 and H1b Amendment was filed. Now, I have travel plans to go India in December and get visa stamped in Jan 2018, from Delhi. My employer changed my amendment in to premium on Dec 1, 2017 to avoid any stamping issue but unfortunately, I received RFE on the Amendment yesterday. My questions are: 1)Can I go for stamping in Delhi with my last H1b extension petition and the Amendment not yet approved (RFE) 2) My employer said that if I go to the chennai consulate then stamping can be done even if amendment is not yet approved. How correct is that? What's so special about the Chennai Consulate? 3) It will be my first stamping for the new employer, does it makes any difference for stamping. 4) If I have to wait for the approval notice before visa stamp, will the uscis decision be impacted If I go to India and wait there or I stay in US and wait. Thanks Simran
  11. Hi, I need urgent help regarding my situation. I am on H1B visa with company ABC working for client XYZ May 26, 2017 --- > Filed H1B extension for location A Jul 1, 2017 ---> My client XYZ wants me to work from location B (another state, 1200 miles away) Jul 25, 2017 ---> Amendment case filed to CIS for location B Jul 26, 2017 --> Received RFE for H1B extension case - Client letter requested Aug 14, 2017 --> Date mentioned in my H1B amendment to work from location B Now, I need to mention the work location in the client letter for RFE response, so what location should be mentioned in my client letter ? location A or B ? Regards, Simran