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Everything posted by User099

  1. User099

    Travel to India with Approved H1B

    Yes, you are.
  2. User099

    H1B during period of authorized stay

    Was your previous H1 activated? Was it a COS or did you get a visa stamping done on H1?
  3. User099

    H-4 Stamped & H1b out of cap in progress

    1. Yes, no issues. 2. No, you are not on H4 when you are in India. 3. I don't know if you can convert an existing petiton to COS. You should check with your attorney who is filing the case for you.
  4. Yes, you can. You are not on H1 when you are in India. If your employer is ok then you should be ok.
  5. User099

    H1B 2021 Second round lottery

    Same Lawyers from ALIA will tell you that USCIS usually pick more petitions than the actual number for this exact purpose in the lottery.
  6. User099

    Question on I140 EB1 . My I94 Status

    It will be L1 as per the COS that was approved.
  7. User099

    Expiring H4 EAD and paychecks

    Yes, you are ok to get it.
  8. User099

    H1B during period of authorized stay

    You can apply for a work visa, but they will be in consular processing as you I94 is expired. You will need to wait for H4 to be adjudicated and then apply for H1 if you don't want to do it as consular processing.
  9. User099

    H1B Grace period and Layoff

    It will be May 15th.
  10. User099

    Second H1B lottery date for FY 2021

    Not sure where you are getting this, but there was never any indication of a second lottery by USCIS.
  11. To be safe, you will need to have the receipt notice by Aug 1st. You should aim for that. Fedex receipt notice will be your last option. Just as a proof that you submitted the petition in time.
  12. User099

    Green card

    Even the fees are supposed to be paid for by the employer. As suggested, its better to hire an attorney and have them deal with the employer who is threatening you.
  13. User099

    Travel with E-2

    Yes, that is correct.
  14. User099

    Remote working till EAD is received.

    No, you can't work in US without some kind of work authorization even for an employer who is not in US.
  15. 1. Yes When applying for H4 EAD, submit your marriage certificate.
  16. User099

    Wrong filing for 7th year

    Most likely USCIS will consider the reply from the attorney as an honest mistake and approve it for 2 years. This could have been an avoidable REF if the attorney or employer did the math right.
  17. User099

    H4 visa travel

    1. Yes, they can travel with the visa that is valid till Sept 2020. 2. At the POE ask them to show the new approval notice and ask for I94 based off on it. 3. If they want to travel after Sept 2020, they will need to get a new visa stamp. They are not impacted by the proclamation after the changes that were made to it today.
  18. User099

    Second H4 extension post i94 expiry

    2nd time when you apply for H4 extension you will mention the current I94 number and attach the 1st H4 extension receipt notice to the petition. It won't be rejected or there not be any issues. I94 number will not change untill you travel out of the country.
  19. User099

    H4 EAD application processing time

    There is no process to expedite a H4 EAD. Check for the I765 processing time for the service center you applied and that should give you an idea as to when the petition might be approved.
  20. User099

    H1B to H4 Conversion Query

    Yes, you can apply for H4 while H1 is pending. You need to apply with the receipt notice of the H1 petition that was filed for you.
  21. User099

    H4 COS back to H1B

    You cant withdraw after the 60 day grace period. If you have a valid H1 visa stamp in your passport, you can get H1 approved in consular processing and go to the border and enter on H1. This will put you in H1 status.
  22. User099

    Booked H4 appointment

    There are some new exceptions for the EO today and she should be able to travel now. If the consulates are open and issuing visa then she can apply for one.
  23. User099

    H1b to H4 during H1b grace period of 60 days

    Does she have a valid H1 visa on her passport?
  24. User099

    CAP H1B while H4 is in process

    1. The order in which they are approved will be important. 2. No, she has applied for H4 in time so she will not be considered out of status. 3. Yes, she will move back to H4. Its better to discuss your options with an attorney in this case.