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Mav777

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About Mav777

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  1. H1b extension is not connected to the DOF date, which was only introduced a few years ago. The basis of h1b extension is an approved i 140 and a non current PD ( as per the FAD). I don’t believe uscis grants the period of h1b extension based on how close you PD is to the FAD. That would entail predicting future movements. Assuming there are no discrepancies with the job, the extension should be standard 3 years.
  2. You can’t apply for ead without applying for i485. The ead eligibility is based on a pending filed i485 and not the i140
  3. You are not affected. Only for cases that started PWD after oct 8.
  4. No, its very unlikely to have the perm and I 140 completed in 8 months unfortunately . The perm application itself will take 4-5 months itself since it includes the advertising period etc. Plus adjudication of the perm will take another few months (longer if the perm is audited). The I140 can be applied in premium and can be done relatively quickly. Unless you have an H4 option or some other alternative it does appear that you will have to leave the country after 8 months. The gc process can continue while you’re outside the country and you can come back on a h1b extension whenever your i140 is approved and/or your perm is pending for 365 days.
  5. Mav777

    Extension of H1 after expiry with I 140

    Yes, you are eligible for h1b extensions based on approved I 140.
  6. Mav777

    Final Action vs. Date of Filing

    Google? This information is widely available online on multiple sites/forums. FAD is when the Priority date is current and the i 485 will be processed. DOF is when you are allowed to file i485 but the application will remain pending until the priority date becomes current ie the FAD reaches the Priority date. Uscis sometimes allows the DOF to gage the demand for gc visas.
  7. The lawyer should tell you if you can file the 3 year extension based on an approved i 140 right now or will have to wait for the pending h1b extension to be processed first.
  8. You don’t have to apply 365 days before max out to be eligible for 7th year extension. The rule is if you perm is applied 365 days before final year h1b expiry then in the event the perm is not approved by the h1b expiry date, you can apply for a 1 year extension based on pending perm. if the perm gets approved and then the i140 gets approved prior to the expiry you can apply for a regular 3 year extension. So best case scenario for you is that your perm and i 140(filed in premium) gets approved in the 9 months that you may have. but you can’t plan for the best case scenario. The perm can get audited and take much longer to get approved. I would recommend that between now and June 2022, take vacations out of the country to make up the 3 months (or more as needed) so that you can recapture that time and extend your h1b such that there are 365 days between when your perm is applied and the new h1b expiry. You have sufficient time between now and june 2022 to go on multiple vacations to make up the gap
  9. Mav777

    7th Year Extension From India

    Oh nice, thought the flights were started in july/aug. also, just to clarify, you can file for a 1 year extension on 01/22/21 if the perm is still pending. If the perm gets approved (before u file for the ext) then you’ll have to wait for the i 140 to get approved (can be filed in premium) to file for an extension( in this case it’ll be a normal 3 year extension). All this can be done by the company while you are outside the country.
  10. An extension can’t be filed with a I-140 receipt number. The I140 has to be approved to file for a 3 year extension
  11. Mav777

    7th Year Extension From India

    Yes the company can for 1-year extension after 01/22/21 based on a pending perm while you are in India. It will be consular processing and not extension of stay since you arent in the country. wondering how you managed to flight back to India in June?
  12. Mav777

    H1b Extensions before I-94 expires

    Your email is confusing. The h1b extension approval notice will have a new i 94 attached to it. The new i 94 date should match the requested extension ie till feb 2021.
  13. Mav777

    can we go for H1 B visa stamp now?

    Yes you can, when the consulates fully open and are taking appointments for regular h1b/h1b extension cases.
  14. Mav777

    One year extension beyond H1B max out period

    That is clearer, but again you can’t request an additional year based on an approved PERM. Was perm pending for 365 days when the h1b extension was filed? Since I 140 wasn’t approved at the time of H1b filing you can’t claim 3 year extension either. Not sure how Uscis processes applications, hopefully there is some common sense in the process and based on the RFE response they approve a 2 year extension instead of 3 years and not require refiling the extension. It wouldn’t be the worst situation if the company had to refile since you now have the I 140 approved.
  15. Yes you can file for 3 year extension after the I 140 is approved. Not sure what visa holds are you referring to. The EO does not apply to you, you can apply for the 7th year extension as soon as the I 140 is approved ( and not wait for 2021) and get it stamped when the consulates reopen.
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