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User099

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Everything posted by User099

  1. Yes, that is right. I140 need to be approved for more than 180 days and should not have been withdrawn before Jan 2017.
  2. It can be same or different client.
  3. User099

    H1B travel

    There have been few exceptions made recently and I think you should be able to get a visa and travel back. But its better to have an attorney review your case and advice you if you plan on going for stamping as things are changing everyday.
  4. User099

    I94 Change of status didn't happen

    You should check with an attorney to have the documents reviewed to make sure what you are seeing is accurate.
  5. User099

    online MBA in India during residency in US

    I think you should be able to study online from an Indian Institute while in US.
  6. You can take the I797 and I140 approval for visa stamping, you don't need to apply for new I797 again if the current one is still active.
  7. User099

    H4 TO F1 COS QUESTION

    1. H4 will still be vaild. 2. 3. No, if your COS is approved you don't need to travel. 4. You can apply for H1 in 2022 even if you are not on F1. You can apply for OPT is you COS is approved. 5. In USCIS.gov, check where to apply I539 for your state.
  8. User099

    H4 Travel ban

    With the new exceptions, she will be able to apply for the visa and travel since you are in US.
  9. User099

    MTR Process for H4 Denial

    It looks like all receipt notices are taking longer than usual. If you don't get it after 30 days of applying, its better to contact USCIS about it.
  10. User099

    L1 to H1b COS

    No, you can't work after you L1 has expired and if H1 is pending.
  11. User099

    H1b Max Out calculation

    Did you go thought the lottery again on 2016? If not, then you can't exclude the 4 months. If you take the 4 months into account, you still have 1.5 years to reach the 6 year limit.
  12. Your answers will depend on these...Why was your case approved in Consular processing? Did you employer apply in Consular processing or did USCIS change it to consular processing?
  13. Looks like its approved, check if your employer or attorney have received a I797.
  14. User099

    H1B Questions

    1. He need not go for stamping till his current visa stamp is valid. He can travel with a new approved I797 and old visa stamp. Visa stamp is valid with any employer, old or new. 2. He can apply for B2 and after his grace period is over. But B2 will take long time to approve and till that is approved, his COS to H1 will not be approved. Best thing will be to travel to Canada and come back on H1 with the new I797. Just make sure travel is open between US and Canada. 3. Day 1 CPT is a big NO. He can't convert to F1 which will take a few months to approve and he will have to be on legal status till then to convert to F1. F1 is not a good option for him.
  15. User099

    H1B transfer with unapproved I140

    I misread the question earlier... Yes, old employer can continue the GC process even thought you are not working for them and your spouse can get an EAD once the I140 is approved with the old employer.
  16. User099

    B1 to H1-B visa

    You can file COS and if its approved no need to travel.
  17. User099

    H1B transfer with unapproved I140

    PERM cant be transferred. New employer will have to do new perm from the beginning.
  18. User099

    H1B Visa Petition / visa stamped but unused

    Yes, they can file anytime during the year. Lot of personal documents will be needed, your attorney or employer will give you the full list.
  19. You should consult an attorney as its a little complex.
  20. User099

    H1 B Visa - PED date vs Expiration Date - US Entry

    Looks like an error to me, Did you not see it at the time of stamping.
  21. No, once H1 is denied you will have to leave within 2-3 weeks. H4 can't stay even if the petition is pending.
  22. User099

    Unused H1B years after gap

    You can go back to H1 if any employer is willing you file a case for you, no need to go through the lottery.
  23. User099

    H1B cap exempt to cap subject transfer

    It will be a regular H1 transfer and no need to go thought the lottery again.
  24. If the H1 is denied, then you should leave the country and H4 will eventually be denied.
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