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Mav777

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About Mav777

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  1. Mav777

    6th year H1 - perm question

    I’ll address some of the questions: 1. Not likely. Check perm audit processing times on the icert website. 2. No, if the perm is approved in November she cant apply for an extension. She will have to wait till the I-140 is approved to file for a 3-year extension. Since I-140 can be filed in premium that should be a quick process if the company is ready for file for it as soon as perm is approved. Alternatively, if the perm is still pending by December 2020 i.e. 365 days after the perm was applied ( which is likely given the audit), the company can apply for a 1-year extension based on a pending perm. Then once perm is approved and I140 is approved, apply for the regular 3 year extension. 3. Could covert to H4 if she doesn’t want to leave the country but note COS processing times are 5-6 months atleast, probably more due to covid, so she won’t be able to work anyway after Sep 2020 till the h4 and ead are approved.
  2. Mav777

    Lost job and an expired I-94

    Didnt the new approved I797 come with a new I-94 date on the bottom right corner?Or does the I797 say consular approval required? The new I-94 date should match March 2022. If the I797 says consular approval required and your current i94 expired in March 2020 then you are already out of status and there is no grace period. However given the covid situation since March, I would consult an attorney.
  3. Mav777

    USC Guy considering to marry a girl in India

    I agree, people like the one above should not be allowed to post in any public forum. Notice the original response to OP only consisted of extremely negative, contempt full, condescending language. No mention of a helpful response of a K1 visa, which was instead mentioned by an actual professional.
  4. If an extension is not applied for, you will have to leave the country by the date of current h1b expiry. The only other option is to apply for a COS to b2/f1/h4 before the h1b expiry, but that will take 5-6 months at least to get a decision and you won’t able able to work during that time ( and after if its a b2 or f1 visa). you could go back to the home country now and apply for a h1b extension at a later date when the company is willing and come back.
  5. Yes you can travel to India (when possible), and stamp (when consulates open) and come back and extend your h1b for the recapture time.
  6. Mav777

    H1B Stamping

    Yes, you are eligible for stamping when the consulates open. Looks like the first two response posts above haven’t really read the EO themselves while advising you to do the same. The EO bans only people that were outside the country on June 24, and didn’t have a stamp. Since you are in the US the EO does not apply in your case. You can go back and get the stamp for the extension. Ofcourse it’s good to be prudent and aware of the risks that come with stamping generally and especially during these times.
  7. Mav777

    Unethical practices by prime vendor

    Isnt that dependent on the Contract between your employer and the Prime Vendor? How is it unethical from a legal perspective if your employer is in agreement with the contract( or a contract amendment which I assume the pay cut will be)? If you are complaining about moral ethics, then not much you can do about it except to not work for such companies.
  8. Mav777

    Change of status back to H1B

    Cos to b2 takes 5-6 months normally. With covid it may take longer. If your i140 and h1b are approved prior to the b2, which is likely, then you will have to leave the country to cancel the b2.
  9. Mav777

    H1B max jan 2021& green card process not yet started

    Thats tough with the current situation. You will have to find another employer who is willing to start the gc process right away. PERM itself takes 6-8 months atleast, so even if the process was started now it won’t be completed by Jan’21. Unfortunately you will have to leave the country in Jan and try to pursue the gc process from outside the country.
  10. You don’t have to leave any “unused” h1b days on your visa. Leave the country on or before August 20 if you can’t find a job by then and apply for an extension. Post aug 20 the new company can apply for an extension for cap exempt h1b while you are outside the country.
  11. No, grace period is not applicable in your case. Overstay should be avoided. I would ask the company lawyer about the course of action of travel back to India or to Canada is not possible due to covid restrictions.
  12. Yes, applying for a COS to B2 is a safe alternative to maintain valid status. You will ofcourse have to stop working by the max out date. The COS application will take 5-6 months to process, by then you will have reached your 365 days pending PeRm in sep 2020, and can apply for a 1-year h1b extension based On pending perm
  13. The procedure to “recap” h1b time is like a regular H1b extension which the company files for, and not you. The only difference being the reason for h1b extension in this case is to avail the unused h1b time. The company can file for the 5-6 month h1 extension prior to current h1b expiring in sep 2020. The beneficiary can continue working on receipt. Since premium processing is now suspended, regular h1b extension applications take up-to 6 months or so
  14. Mav777

    H1B Consular Processing

    Read the first line. OP is currently working On H4, not h1b which has not been activated. Hence a new employer will have to file a fresh h1b in next years cap, in the event OP is laid off prior to stamping the consular H1B
  15. Mav777

    i140 petition

    Yes the priority date can be ported to Employer. The gc process is independent and for a “future” job so you can take up employer A gc if the job is still offered and open. late 2011 priority date becoming current in an years time? That may be fantasy but doesnt hurt to hope.
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