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About AnkitG

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  1. Hi, My wife was on H1 and her I94 got expired in June 2017. Since no decision came from USCIS we had to file for COS to H4 and also filed EAD concurrently. Later we came to know that employer will withdraw H1 as nothing is coming, so she travelled to India so she don't get illegal status. In this case the COS filed automatically becomes void/abandon as she travelled outside country. Now we got the H4 for my wife via Consulate that got approved and she will be coming back to US on stamped H4 at consulate. Questions: 1) Do we need to withdraw H4 COS (I-539) that we filed when she was here but should be now void? 2) What happens to EAD that we filed concurrently with COS (which is void now). Do we need to withdraw EAD as well as the COS is void but new H4 is available. If not, do we need to somehow inform USCIS that my wife got valid H4 via consulate andn they should consider that H4 approval for EAD processing? 3) Is there a chance that the filed H4COS and EAD may be denied as COS is abandoned and based on that they may deny EAD even though she got H4 approved via consulate? Or there may be a chance that we may get RFE for EAD saying associated H4 is abandoned - explain and then in response we send them our H4 approval via consulate?
  2. My Wife is also a Company A employee and her I94 got expired on June 30 2017. An extension was filed before expiry but the case is still pending with USCIS. She is now not on payroll as 240 days are over. The H1 is still pending with USCIS. I have filed a COS for her from H1 to H4 & EAD (on my H1 which is also under processing with USCIS and I-140) on Mar 15 2018. Now Company A is saying she need to resign and once resigned, they will WITHDRAW her H1 application which is pending with USCIS. Questions: 1.Will she be considered as "Out of Status" from July 01 2017 to March 15 2018 because company would withdraw the pending petition? Will it create a void/vacuum for this period? 2.Although we have filed CoS from H1 to H4 for her before the withdraw (that needs to be performed yet by company), does she need to travel back to India before withdraw of H1 or can she stay in US? 1.If she don't travel back will her status be "unlawful presence" and might have that > 180 - 3 yr ban rule if she don't travel? 3.Does the New 60 day revoked/withdrawn H1B Rule applied on Jan 17 2017 applies in this case as we applied for COS before the withdraw of her H1 but after I94 expiry?
  3. Me and my wife employees of same company A and currently in US. My wife is a US hire but I am on deputation as I am India employee. We have a complex situation over here that we would like to know what and how we can deal with. Below are the details: My wife is a US hire and her Visa extension was filed which was later upgraded to 'Premium' (on Jan 12 2018 to be precise). Even after upgrading to premium we have NOT received any response from USCIS (not even RFE or anything else) on her visa status even after 27 calendar days. When contacted USCIS they told they stopped the clock on Jan 17 and officer need to review more and there is no deadline Her last legal date on H1 status in US is Feb 25. Her I94 Expiry Date was June 30 2017. My Visa is also under extension and my I94 was expired on Sep 21 2017. So for now I don't have an end date until my extension is approved. I got to know that I should better change it to premium to get it approved so that I can change my wife's status from H1 to H4. So my visa has also been upgraded to premium so that I can easily do my wife's COS to H4 Questions: 1.Can I change my wife status from H1 to H4 even when the H1 petition filed which is still pending? If yes, what is the process so that she don't go out of status and have to travel back to India? Do we need to withdraw the filed H1 extension for which only 15 days are remaining? The above is under an impression that my visa is approved before her last day or it doesn't matter, I can still file COS for her even if my case is pending? Once we apply for status change - can she stay here only on the filing OR the H4 approval is required and she has to anyways travel to India until the approval? If my Visa is approved I am planning to apply EAD in parallel to H4 application - Can I do that even if her H1 petition is pending and I am applying for COS? What if we file for COS to H4 for her and then the H1 extension applied (currently pending and approaching 240 days) for her which is with USCIS is approved, what will be the different impacts or outcomes on H4 that was filed, H1 that got approved etc? Can the H4 be converted to H1 again based on above answers and how much time it takes to go back from H4 to H1B again?