User099

Most likely there will be a gap of only a week or so for you to get your new H4 EAD card after you receive your H4 approval notice.

Here is what I understood from what you said, correct me if I am wrong. 1. She was in US and applied for H4 extension 2. She received I797 approval notice with I94 till June 2020 3. She traveled to get visa stamped till June 2020 and while coming back got an I94 at POE which was valid till 09/24/2019 4. She applied for new passport and never traveling out of country. Are these the sequence of events or am I missing anything? Generally the latest I94 is the one which determines the status and her latest I94 has expired on 09/24/2019. That is why I asked your check with an attorney who will look at the actual paperwork and give you an answer.

They might issue you a RFE asking for latest I94 or copy of your H4 visa.

Do they have a valid I94 to stay?

I don't know if there is anything you can do when its gone for a name check other than to wait. If you don't want to wait, then you can always go for visa stamping and come back.

Untill he goes for the interview there is no way anyone can tell he will get a visa or not. All we can say is the rejection rate is very high for people like your cousin. There is nothing you can show as proof that he will come back after a month. Everything you said makes sense, but there is nothing stopping him from changing his mind after coming to US. I am sure Noah will have more to add, if you have not already read his earlier posts. All I can say is take an appointment, attend the interview, be honest with the CO and just hope he gets a visa. If he doesn't, just forget about it and move on. Did I mention be honest and don't make up a false story for why he is visiting you.

You should be able to use AVR unless you are not going to Mexico for visa stamping.

Bad Idea. You should not do that.

You can't use the same DS160. You will have to fill up a new one and take to the fingerprinting appointment and get it updated. Regarding the appointment, you might have to check with the Consulate or customer care to check if they can update it.

Did this extension come with a valid I94?

Were YOU not willing to join the new employer immediately after the transfer was approved or the Company B not willing to accept you once the petition was approved?

Read this.

Yes, if you have a valid I94.

My guess is Yes. But you might have to talk to an attorney to confirm.

Do you have any proof that your friend mentioned that he will join the end client and Emp A saying it was OK? 24 months a long time.

I would suggest your friend to talk to an attorney as you are dealing with begin out of status. As they have already filed for a NPT, I feel you can wait till its processed. If you have to leave, you will have to do it ASAP. But why did your petition get approved in consular processing and not extension of stay?

We will need the dates of when you resigned from A, when did you move to B and when you will join C. Depending on those dates we can see if you will fall in the 60 day grace period. Or else to prove you are in status you will have to given USCIS your latest paycheck. Emp C can apply in Consular processing and you need not do a bridge petition. Do you think Emp C will not agree to Consular processing? For me it looks like even if you don't mention your employment with B in the beginning, you will still have to mention that later if there is an RFE. It will be a bigger issue then as we don't know what all they will ask for in the RFE. Its good to be open upfront, that's what I feel. You can talk to an other attorney to see what they suggest if you don't want to discuss these with Emp C's attorney.

I feel its better to wait for the petition to be approved before you can transfer to a new job.

That is right, you can work on the receipt notice for 240 days. Best thing will be to get it approved via premium processing before current I94 date.

You can show the new I797 approval notice of your husbands at the POE along with your valid visa. You can submit your husbands I797 aprroval copy, don't need of a visa as he is in US currently.

Yes, you can do a new petition under Consular processing or bridge petition.

Yes, you are cap exempt and can use the remaining period with new employer.

If the I140 is withdrawn before 2017, you cant use it. I think you can still file under cap exempt and will get the remaining H1 period.

1. New company will have to apply for a H1 transfer and you will be able to apply for 3 years on the basis of approved I140. 2. She can use the existing EAD and its better to apply for H4 and EAD extension along with the H1 transfer. 3. You can use the I140 Approved from the old employer till your PD is current for future H1 extensions. But to apply for GC, your new employer should file for a new PERM and I140 at some point.

Your visa will be approved for 3 years, but when coming back you will get the I94 only till the passport expiry date. You can renew the passport in India and come back or do it after coming to US. If you do it after coming to US, you will have to travel to get a new I94.