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Everything posted by User099

  1. User099

    what full time job layoff h1b ?

    Apply for B2 or H4 before the 60 days are over.
  2. User099

    Transfer h1b within 60days

    1. Can be done, only if you have a valid I94. 2. H1 to B1 and B1 to H1 can be done, but it might take a long time for COS to B1 to be approved more than 6 months. If you don't want to wait and want to switch over to H1 again, then you will have to go for stamping if you don't have a valid stamp. If you have a valid stamp, you can just go to the border and come back on H1.
  3. User099

    H1B extension and I-539 form. Job posting at home address

    Job posting will be at the location where you work. I539 will not apply to you since you don't have any dependents.
  4. User099

    Residential Address

    1. No issues. You can live anywhere, but you need to work in the location mentioned in your LCA. 2. You might have to file taxes for both the states. Its just extra paperwork.
  5. User099

    Transfer H1B to H4 and H4 to H1

    Your H4 will have to be approved before you can convert back to H1. One other way is if you have a valid H1 visa, you can get your H1 approved in consular processing and travel to the border to enter on H1.
  6. User099

    Covid-19 Layoff on h1b and transfer petition

    Your employer is supposed to pay you full pay or let you go. There is no concept of $0 pay. You can try option 2, but USCIS will generally ask for paychecks to verify your legal status in both cases. Unless you have filed for a B2 before the 60 day grace period is over, you are overstaying your visa.
  7. Your Legal team should be filing H1 as Amendment and extension of stay and not as a consular processing case.
  8. User099

    COS from H-1B to H4, while in U.S.

    You can't hold both. You are on H1 or H4, not both. If EAD is an option why do you want her tobe on H1. EAD gives more flexibility.
  9. User099

    COS from H-1B to H4, while in U.S.

    1. Yes. 2. Yes. But if H4 is approved after H1 (before you withdraw), you will have to file for a new H1 again. 3. No, she can stay as long as the petition is pending. But she will not be able to apply for COS to H4 after I94 expiry date. Its better to apply for H1 in premium and get a decision before i94 expiry date. 4. Yes
  10. User099

    Missed the deadline to file the H1B petition

    I don't think you can file after the deadline.
  11. You don't need to go thought the lottery again. New employer can apply for a H1 on the basis of your approved I140.
  12. User099

    H1-B Granted for 3 vs. 1.75 Years

    USCIS may not have realized it now, but they can correct it later. If you have 1.75 years left, then you should leave the country by then or have a I140 approved by then.
  13. I can understand your situation. There is some risk involved with transfering on receipt notice. If the transfer is denied, you will have to leave the country or transfer to an other visa if you have an I94. If the new company has a good history and you feel its safe to transfer on a receipt notice you can do so. Convert to Premium and get a result asap will be better.
  14. User099

    6th year H1 - perm question

    Best thing you can do is to apply now for her COS to H4 and EAD at the same time. She can work till the H1 expiry and when H4 and EAD are approved she can switch over to H4 and work. Her GC processing can continue while she is on H4.
  15. User099

    Lost job and an expired I-94

    Even thought you are leaving for good, you should consult an attorney. It will always be on your record as you overstayed and will be difficlt to correct later.
  16. User099

    H1B Transfer - Multiple Companies

    Its better to reapply.
  17. User099

    H1 - New Executive order

    I was told there are no appointments till 2021, are you seeing anything different?
  18. Yes, since you filed it with an NPT. If NPT is approved she will be put back in status. But you should confirm with the attorney who filed the NPT for you. https://www.murthy.com/2018/02/01/filing-a-nunc-pro-tunc-request-to-reinstate-status-in-the-u-s/
  19. California Service Center
  20. User099

    2 options available to get married.

    You should consult an attorney. Both options are equally bad, but there might be a way around for you if you take few precautions. Its good to talk to an attorney about those rather than a public forum.
  21. User099

    H1 - New Executive order

    You can apply for visa stamping, but I dont think consulates are issuing visas now. Even if you get a visa stamped now, you can't travel till the ban is lifted.
  22. User099

    H1 - New Executive order

    Ban doesn't doesn't mention that people who are within the US on June 24 can travel out of US to get a new visa and come back in.
  23. No issues, since you traveled and got a visa and came back. You should be able to apply for extension usually.
  24. Its ok as you have filed it with a NPT. Visa status is not tied to medical insurance. You can stay as long as the petition is pending.
  25. I am assuming you work for Emp A for more than 1 year, then a 14 day notice is pretty common. After the transfer is approved give old employer a 14 day notice and you should be good to move to the new employer. If you I140 is approved for more than 180 days, new employer can port the PD.