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SW_employee

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About SW_employee

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  1. SW_employee

    Should i go back to India or wait for I 140?

    Hi, I am in same boat. Can you please suggest what did you finally do and if there are any pros/cons for staying here vis a v going back?
  2. SW_employee

    Transition Issues in H1B

    Hello, I have complicated history with H1B and want to understand my options. 1. My I-94 was given as per passport validity while visa was valid for longer duration. I forgot to renew my I94 and realized it after almost one year. My company filed for H1 extension with NPT and it was approved giving me rest of time of 6 years on H1B. 2. Recently I moved to H4 status as I have almost used up 6 years and I also have approved EAD based on my husband's I-140. I have continued to work for same employer but with different visa status. Now, questions are, 1. Do I have to mention in DS-160 form as "yes" to question that I ever had unlawful status? 2. Will this create any issues during my green card processing? 3. Will I face any issue while moving to H1B status in future? 3. I am planning India trip and heard about visa rejections during stamping. What documents should I carry? If there is any increased risk in my scenario? Thank you.
  3. SW_employee

    i485 AOS - final step to GC

    what is your priority date? I believe employer can only revoke I140 before 180 days since I140 approval (or application.. not sure). Either way, you said you are reaching 180 days mark,
  4. Why did you not file for NPT with H1 extension? Did you check for this option?
  5. Hello Everyone, I recently converted from H1 to H4 as I am completing 6 years on H1-B. H4 started 2 weeks prior to H1 expiry date. H4-EAD was approved from same day and my employer accepted EAD so I am continuing to work at same client location and same employer. My current employer is also processing my green card and labor is expected to be filed by June or so. Now, I am planning India trip and have few questions. 1. Am I eligible for dropbox or I have to go for consular processing? Either way, is there a risk considering I am still working on EAD and may have labor filed on my behalf by then. 2. What documents do I need to carry? Do I need to print wedding photos or family photos as well? Do I need to carry husband's approved I-140 based on which I applied for H4 EAD? 3. I dont have stamp for my last H1-B (which is about to expire). Will that be issue? 4. My husband does not have stamp for his latest H1-B on his passport. Will this be issue? 5. If my husband is also accompanying for India trip (we are still thinking), do we both have to go together for visa processing? or he has to get stamping done first?
  6. Hi, I am currently working for a company and because I-94 being expired, my company put me on loss of pay and did not provide any salary slips. Company filed for my extension with NPT and it is now approved and I have I-94 till May'2019. Now I have got job offer from another company which is ready to transfer my H1-B and also, agreed to start GC process for me. Questions: 1. As I dont have salary slips for last months, will it create issues in filing for H1-B transfer? I will be getting salary slip next week hopefully. 2. What happens if H1-B transfer is rejected, what impact this may have on my current approved H1-B petition? 3. My current H1-B approval has covered my entire 6 years beautifully and exactly. Can transfer of H1-B reduce visa validity and / or I-91 validity? What happens in that case? How much time should be remaining for 6 years to be eligible for filing H1-B extension? I mean can we file for H1-B extension if only 1-2 months are left? 4. Considering I have only 13 months and few days left before I complete 6 years, how soon GC should be filed? How long does it take to reach to a stage where I can apply for extension beyond 6 years? New company has agreed to file for GC in 3 months (depending on few parameters) but this means earliest process may start July'2018 which gives me only 10 months to complete 6 years. 5. What are other scenarios I should consider before switching employer at this stage?
  7. So today I received my approval notice with I94. NPT does work but provided everything else is in its place. The wait was really hard and I lost 2+ months of my work in such a critical time where everything was going just fine. Also, this has long term (if not lifelong) impacts on travel and immigration to USA. I really hope people monitor their I-94 and do not get into same position.
  8. Do we have to apply for "change of status" in this scenario for H1-B extension?
  9. SW_employee

    I-94 not updated with latest I-797

    Hi, congratulations on your case. Can you please suggest what steps you took? I am in similar situation and really stressed out from last one month and stuck. Will appreciate any help. thank you.
  10. I went to CBP officer but he did not help me. He asked me to file I129. Not sure if it is because my new passport number is not in the system or something. My company has filed for H1B extension along with NPT. Now I have received RFE and it is taking time to respond. My company has asked me to stop working and did not pay for last 2 weeks. I don’t know what to do. Can you please suggest what was the appeal lawyer prepared? Was your situation different?
  11. Hi, I talked to many lawyers to date and no one has any hope. My company has filed for extension along with NPT. Now I received RFE for employers relationship I guess (not too sure). Can you please message me what option you had? Any pointer will be really helpful. Thank you.
  12. I am facing same issue, 12 months since I94 expired but I797 is valid for another 5 months. H1-B extension is not filed yet. I got advise from lawyer that NPT may not work. Please suggest if you have found any solution. Thank you and good luck.
  13. Hello All, I am on H1-B. My last I-797 is valid till 30-Mar-2018 and it had I-94 at the bottom of page which was also valid till same date. My passport was due to expire in November'2016. Then I traveled to India at the end of 2015 and when I returned back, I got "valid to" date till 1-November-2016 on my passport as that was date my passport was supposed to expire. So my I-94 was valid till November-2016. I had baby in 2016. Somehow got my passport renewed but missed to get I-94 updated. Now, as my visa expiry is approaching, my employer started extension processing and found that I am out of status for over a year and do not have valid I-94. Hence, my extension is put on hold right now. I have stopped working as soon as I came to know this. I understand that there is 10 year ban in this scenario and I am trying to understand if there is any option at all to avoid this. Really stressed! I worked really hard this year trying to manage baby with work and was doing really well at office and did not expect whole year to go waste. I understand it is miss from my end to not to update I-94 on time but trying to see if there is anything I can do to fix this. My employer is taking very long time to respond to me on next steps. Do I try to meet CBP officer now? Crossing border is really risky I understand considering its been over a year now. Does NTP work? is there waiver for non-immigrant visa ban? Do I have to convert H1-B visa into H4 or F1? Can I work on EAD? Hope this is something which can be fixed! :( Please help if you have any pointers. Thank you.
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