amruthaa

Thank you Pontevecchio

Hello All, I have the following query about post 6th year H1B filings and would appreciate if anyone can answer, I have already scheduled for attorney consultation but wanted to see if anyone has faced this situation and have answers. I have worked on H1B for 5-1/2 years and have an approved I140 in EB2 category (priority date of Sept 2017) with employerA. I have about 4-5 months of H1B left on my 6 year max out. I am currently working on H4 EAD with employerB fulltime(this is direct employment with client). Due to latest H4-EAD news, I want to start the process to apply COS to H1B (current employer is willing to sponsor). Now, I am aware that an employer can request a 3 year extension based on approved I140 but I am wondering if employerB can use the I140 from employerA. If yes, does the job description and/or title need to match my PERM/I140 to be eligible for post 6th year extension? My GC perm with EmployerA was for a Database Administrator position and my current title with EmployerB is Software Infrastructure Analyst. Will I face issues with my H1B extension beyond 6 years due to job titles being different? Thanks in advance.

$370 for I539 + $410 for I765

As far as I know, COS will be considered abandoned by USCIS if the petitioner travels outside of US while the application is pending. So, I would suggest: 1) postponing travel plans until after COS is approved. 2) leaving US before I94 expires and attending a consular interview abroad to obtain a visa once your extension is approved.

I went through the same problem few months ago so sharing my experience. I was arrested and fingerprinted for a shoplifting case (details do not matter but I forgot a case of diapers and wipes in the under carriage are of cart in a hurry) in Jan'18. I bailed out myself the same day I was arrested and my criminal defense attorney got me into a pre-trial diversion program in May'18 and I was told my case will be dismissed once i complete the PTD program guidelines (pay restitution and perform some community service hours). Depends on the state you reside, it takes a few months for the case to be dismissed even after completing all that is needed, in my case the waiting period is 6 months from the court date which means my case will be dismissed in Nov'18. Unfortunately, I had to apply for a H1 to H4 COS in June'18 and I faced the same dilemma, I disclosed the entire arrest information and provided court documents in support of my petition. I got an RFE in Sept'18 asking for certified copies of all records because I did not submit certified copy of court document earlier. I replied to the RFE with Certified copies of court records, arrest records, a copy of completion of my community service hours from agency supervising the program, a letter from my attorney explaining why I cannot submit the proof that case was dismissed yet (explained the 6 month rule). Within 15 days my H4 COS got approved and I got the I797A in mail. It is really important to disclose EVERY single piece of information about criminal matters because not doing and lying in your petition so is a punishable offense.