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Everything posted by User099

  1. User099

    Travel for H1B stamping

    If you have a I797 approval with a valid I94, you can stay even if the visa is expired.
  2. Starting on a Fedex receipt is a risk. You should atleast wait for the USCIS to issue a receipt notice. No one can predict the future, but this EO is taking credit for something which was already implied. If the consulates are closed, then there won't be any immigration, so not sure what this EO will achieve. Unless they keep extending it after consulates open.
  3. User099

    H1B Extension Receipt

    Many people are seeing the same thing with delay in receipt notices. If you just took time to read other recent threads you should have known.
  4. User099

    Transferring H1 to work for a Different Employer

    You can't file your own H1.
  5. User099

    H4 EAD to H1CAP

    You can use the EAD for 60 days after the layoff date or till I94 expiry date which ever is shorter. You are eligible for 6 years of H1, H4 status will not count towards it. I am not sure if the CAP GAP will apply in your case to cover for the period from May to Oct.
  6. User099

    Section 6 of Immigration EO

    Which EO are you talking about?
  7. You can stay and work as long as the transfer is pending. 240 day rule will not apply to you.
  8. User099

    LCA and Actual Wage vary

    They can reduce your pay, but it will need a new amendment to be filed for the new pay.
  9. Its better to check with an Attorney to confirm as it might need for the Feb 10th petition to be processed.
  10. User099

    Question On H1b Grace period

    This is not right. After 60 days she will be Out of status and her Unlawful presence will kick in. She SHOULD NOT stay beyond 60 days if she cant find a new job or file a COS to B2.
  11. User099

    H1b Renewal I 797 Start and End Date

    They should have filed the LCA from Oct 1st 2020 to 2023.
  12. User099

    H1B Transfer to new Employer during COVID-19

    Original approval should still hold good even if the amendment doesn't go through.
  13. User099

    H4 validity

    Your dependents have visa till Oct 2021, so unless you are filing for an H1 beyond that point there is no need to file for an H4 extension.
  14. User099

    Maintain H1B Status - Extension Rejection

    H1 petition is for a specific job for a specific location/s (as per LCA), if anything changes in these 2 then it will be a new LCA and New H1.
  15. Yes, that will be best to address this RFE. From USCIS perspective, if the Client is not offering you a job from 1/1/2021 to 5/13/2021, then why are you asking for an extension for that client for additional 5 months.
  16. User099

    Reapplying PERM

    New Employer should start the Perm process again on the basis of the job he is offering you, not sure why he is asking for previous perm details. Employers don't need old perm details to file a new PERM.
  17. User099

    H1B Grace Period 60 days Counting

  18. User099

    Question On H1b Grace period

    You will be out of status unless you find a new job and file a new H1.
  19. How will she travel with the travel restrictions? She can, but you need to be careful as the requirements for H4 and B2 are different. You don't want to be seen as lying at POE to gain entry. Its best to talk to an attorney.
  20. Yes, if the I140is approved for more than 6 months you can use it for extension will current employer.
  21. User099

    H4 EAD status on H1B Spouse's job loss

    Yes, EAD can be used while your H1 transfer is in progress.
  22. User099

    PERM pending 365 days

    You can't apply for the 7th year before July 20th 2020. You can't assume it will be pending and apply for an extension now. You can apply for recapture time now and later if PERM is pending you can apply again.
  23. They should also be considered canceled even if they are pending. At the time of adjudication, USCIS will check for H1 validity and if H1 is canceled USCIS will reject H4 and H4 EAD petitions.
  24. Already replied to your other post.
  25. This is not true. You can apply for H4 with a pending H1 receipt number.