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mehopeful

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About mehopeful

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  1. mehopeful

    H1B extension denial during maternity period

    Since her I-94 has expired, a change or extension of status is only possible if she can substantiate circumstances beyond her control. She needs to consult with an experienced attorney immediately since she is alreayd accruing unlawful presence.
  2. mehopeful

    Maintaining H1B status

    Yes, you can assuming your I-94 is still valid. The 60 day rule is 60 days or I-94 expiry whichever is earlier.
  3. SOC code is determined by your job responsibilities. It is not something you can simply substitute with another.
  4. mehopeful

    H1B extension denial during maternity period

    Most important question is whether her I-94 has expired or not. Everything depends upon that. She needs to consult with an attorney immediately.
  5. mehopeful

    EB1C with H1B

    If your H1B petition job already qualifies as EB1C, then you can use the same petition to return and then file I-140/I-485 (after you qualify with 1 year abroad). If H1B petition does not qualify or has expired at that time, a new petition (cap-exempt) will have to be filed and at that point filing an L1A petition may make more sense. It makes no difference to you whatsoever. In fact, with L1 your spouse can obtain L2 EAD, even if H4 EAD goes away.
  6. Online status is for information only, it is known to be incorrect many times.
  7. Traveling will not work in this case, since the petition itself is expiring in September 2018. Petition must be extended first.
  8. Your H4 spouse can apply for their EAD by quoting the H4 extension (I-539) receipt number. It should be sent to premium processing center ASAP so that it may (no guarantee) get processed in premium.
  9. Your wife can apply, but she needs to show new evidence. The important thing is to show 'what changed from last time'. Have you made solid plans to return to India? Have you purchased property? The original answers in the first interview are going to hurt her. You should try to get H1B Visa and have her apply for H4 since that allows immigrant intent.
  10. 1. Yes, you will have to leave the US before Oct 1 and return after Oct 1 to regain your F1 status. You will need a valid F1 Visa in order to return in F1 status. 2. Since you have never worked for the H1 petitioner in H1 status, this petition cannot be used to claim cap-exemption.
  11. mehopeful

    H1B valid while working outside US?

    Another employer can file a cap-exempt petition for you. H1B revocation is irrelevant in this regard.
  12. mehopeful

    Work permit for spouse

    Your wife can apply for H4 EAD based on the previous employer's I-140. But she cannot begin working before EAD is issued. She cannot file I-485 and related EAD without current employer's I-140.
  13. Extension must be filed before September 2018.
  14. mehopeful

    H1B Transfer - I-94 validity

    Putting it side by side, color coded for your reference. There was a memo about triggering unlawful presence without USCIS specifically making such a determination, but it does not apply here. Is there any other memo that equates 'out-of-status' to 'illegal'?
  15. mehopeful

    h1 to F2

    You didn't answer my question. How is your H1 valid till 2020 but I-94 expired? Does the petition approval notice valid till 2020 have an I-94 at the bottom? Are you actually working for the petitioning employer? Duration of status means your wife is legal until she keeps maintaining her student status. That means maintaining a full course of study as per her SEVIS record or undergoing authorized practical training. Her school's international student department will determine this.
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