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About ramuka

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  1. 1) If at all my H1-B Extension is denied sometime in April,2018, do I need to leave the country in 15days? Or can i still work until I have valid stamped visa i.e. June, 20,2018 (My I-94 is also valid until June-20-2018)? --You are leagl to work until stamped date. Extention is effective only after. Does the Denial on extension override the current valid H1-B visa? My Employer Visa team is saying that irrespective of my visa expiry date in June,2018, the most recent decision of the H1b extension denial will supersede my legal status in the U.S up to June 2018. As per my understanding and online research, I can stay until I have the valid stamped visa with Valid I-94. Will this create any problem in my GC process (PERM and I-140)? 2) If at all my H1-B Extension is denied sometime in April ,2018, Can we still ask for 1 year extension after Sep 1,2018 based on Pending Perm for 365 days using the existing H1-B? Or I need to apply for a Fresh H1-B in the lottery and then only we can ask for extension? To my knowledge Yes cz you seem to file Perm 365 days before 6 year MPS. 3) My Employer visa team is saying we need to wait for I-140 approval instead of asking for H1-B extension in case of Denial on H1-B Extension.Its a good bet if your company process I140 in premium , then you can get 3 years. Is that correct? Can we ask for H1-B Extension based on Pending Perm? -Yes 4) My Employer is asking for only 3 months extension (to capture amount of time you have been outside the country) now and later ask for 1 year extension after PERM is pending for 365 days (after Sep 1, 2018). But based on the USCIS rule that I read online, we can ask for 3months + 1 year extension together because my PERM will have been pending for at least 365 days prior to the H1-B extension requested start date. --Not sure
  2. If your Priority date is not 365 days before 6 year H1B , then you can not extend 7th year even if Perm is pending. With current situation perm gets approved in 7 months with no RFE. And you can consider I140 with premium.All this may take 8 months from your priority date. If you think you do not have enough time you can switch to H4 EAD and do another conversion once Your I140 gets approved. But approval of I140 does not give you 3 year extn by default. You have to ask for extn with I140 approval notice. Remember here you got save some H1B days even to ask for extention ...
  3. I hope you have valid I94 for sometime and just that your extention is denied. 1)Can i extend my H1B again after sometime , if so what would the time gap from denial period to apply for extension?. -- If current I94 is not expired you can file new petition again before I94 expires. 2)Or can i go for new petition if my case comes under H1B Cap exempt , as i stayed in USA for 3 and half years --your H1B shall be used under Cap exempt as long as your I94 is valid or you maintain some other visa status legally. 3)Or Shall i go for Appeal/MTR ,once i receive reasons for denial . Is Appeal and MTR same ? If applied for MTR what would be the chances of approval ? --I have heard success stories of MTR , please talk to an attorney. Request you suggestion
  4. 1) Should I opt for premium processing of my case? I have heard that chances of getting RFEs are higher in that, is that true? --Thats a wrong information. I just did mine in premium. If any H1B extn case is weak no matter premium or normal process ,RFE is certain. 2) Can I travel abroad during the fourth week of May while my H-1B extension adjudication is pending? Will I face any issues at Port of Entry during my return to the US? -- POE should be ok. But you may face queries while processing Extn or you may need to update/stamp again as I94 number will change from current to new entry. 3) What happens if I get a RFE for my petition? Will I still be able to travel abroad and return as per schedule? --tricky. If you are already inside while replying RFE then I94 dates need a update. If not Extention does not even may be valid as you are not physically inside US.4) What happens if the events abroad don't go as expected and I am unable to return before July 1, 2018 while my H-1B petition adjudication is pending or waiting for RFE response? -- :) upgrade to premium and its a better option before leaving US.5) If my H-1B extension is approved before or during my travel abroad then do I need to get a new visa stamp on my passport before re-entering the US? -- If you have valid visa stamp while reentry you dont need new stamp. But you can show your new approval notice and make sure POE officer updates ur I94 date to new petition future date.
  5. ramuka

    H4 validity after H1B expire

    My Wife has H4 Valid till May 2019 , but my H1B is expiring in April ,2018 and I applied for extension , I would like to know if my extension get denied then can she staty till 2019 or she has to leave the country with me . --When primary applicant case is denied , all dependent visa as well goes along. Also how much time USCIS give after deniel notice , as I am worried if my H1B extnesion decesion comes after April 2019 then how much days I will get to wind up everything as I spent more then 7 years in this country. --its advisable to leave the country asap to avoid any future entry problem. As long as you stay inside US with pending decision (upto 240 days) after H1B extention filing it is legal.
  6. My Questions If I didn't get a proper response after 240 days, assuming I have to travel to my native, will there be an issue when returning back to USA or when going for the H1B interview. -- USCIS ideally will respond before 240 days. If not its legal you exit the country. You will not likely have any problem unless your employer fails to respond to RFE. Can I pull-off(withdraw my H1B petition) my H1B Extension by going to India, work with the same employer and come back after 6 months. - You can not withdraw the petition. Only your employer can. If he does then your stay after I94 expiry becomes unauthorized and it may have issues in future. As my i140 is approved, can I do a H1B filing even after my 6 months of stay in India. -- Yes most likely you can get for 3 year extention and need stamping after approval. Will my H1B come under Lottery or it will be cap exemption. - Any unused H1B days you want to use , it comes under Recap. You mostly will not fall in any of t (cap/non cap) as you have already approved I140.
  7. Dear Experts, I have started my 6th year H1B. My company will be filing I140 in EB1C. Note now for EB1 the priority date is no more current. My company advices i can change from H1B to L1A and wait for I140 approval within extra year or EB1 priority date becomes current. So can apply for EAD and AP. 1. Is it legal other than matching minimum requirements ? 2. Should i maintain the same non immigration status as when I40 is applied until its is approved? Thank you