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Mav777

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About Mav777

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  1. If i-140 premium isn’t started back up, you won’t meet the Sep 2020 deadline. Regular i140 processing I think takes 4-5 months by itself. Also, if your PERM is picked up in an audit then you are looking at even longer wait times. COS to a H4 will also take 5-6 months. I suppose that’s doable if you are looking to just stay in the country on a pending status.
  2. Mav777

    Change of status: F2 to H1B

    Saving days on your prior h1b is irrelevant. You are eligible for cap exempt h1b based on i140 approval irrespective of your prior h1b usage. Not knowing your immigration history, not sure why COS from F2 to h1 is not possible. But COS applications generally take 5-6 months for adjudication anyway since there is no premium processing ( which is suspended in any case). Consular processing actually offers you a faster route to get h1b in my opinion assuming the current covid-19 scenario blows over in the near future and not extend till 6 months in the future.
  3. Mav777

    H1 Grace period

    1. COS applications generally take 4-6 months to get a decision since no premium. You should be able to find the current wait times online. 2. The application that is last approved ( h1b or h4) is what your status will be. If you find an employer who files an h1 in premium then your h1 will be approved before your h4 ( assuming you file that now). 3. Yes, after your h4 cos is approved ( again, 4-6 months in the future) an employer can file for a change to h1b which would be cap exempt. 4. There are no prerequisites its the same process. Generally H1bs are requested to be extension of stay/ cos so you don’t have to leave the country for approval ( only if you need a visa foil for travel). The alternative is if extension of stay cant be granted then a consular h1b is gotten which requires approval from the consulate ( in addition to the visa foil). In consular h1b you’ll receive a i-797 b form instead of i-797a. I 797b doesn’t have a i-94 attached to it.
  4. Mav777

    H1 7th year renewal

    An approved PERM gives you nothing. You need an approved I-140 to be eligible to apply for a 3-yr extension OR a pending PERM/ I-140 for 365 days to be eligible to apply for a 1 year extension. The only extension currently you can file for is the 50 day recapture time on existing H1.
  5. Mav777

    H1 extn beyond max out

    Read the other posts on this forum. No remaining time necessary. Can file for a cap exempt 3year extension based on an approved I140 even after current h1’s over and the beneficiary is not in the country.
  6. Mav777

    H1 7th year renewal

    1) where is the one year extension coming from? Only an approved i-140 allows for a 3-year extension or a pending perm allows for a 1year extension. Your situation is neither. 2) your extension application to recapture unused time, needs to be submitted prior to march 31 and not necessarily approved by that date. It wouldn’t hurt to have an approved petition by March 31 however. The company will have to apply in premium so that you get a decision in 15 days. Regular processing I think is 4-5 months, which would mean you would get a decision on your extension after your 50 day extension period is over.
  7. What is h1b max out date? If you haven’t filed for an extension to recapture time, the h1b maxout date has no meaning. It’s not “automatically” given. the existing approved petition/ i-94 validity date is the pertinent date. Your h1b extension based on approved i-140 needs to go before the expiry. If approved, you will ofcourse continue your legal stay, if denied, you will have to leave the country immediately AC21 allows you to apply for h1b extensions again based on the approved i140, irrespective if you used up all 6 years of h1b. And you can do it while living outside the country.
  8. If your extension was approved after you got back, why is that i94 “old”??? the last i94 you received is the prevalent one and the latest.
  9. Old post, but I’ll respond. Not sure why you would want to file for h1b extension for 12 days?? I don’t think any company would think that’s feasible. The perm and subsequently i140 can be filed while you are out of the country. You are not required to be on h1 status for filing of that paperwork— since it is for a separate future job, different from the h1b job. in any case, looks to me the only option is to try again for h1b under the CAP for this year or wait till 1-140 is approved or perm is pending for 365 days to apply for a cap exempt h1 extension.
  10. Sure a buffer is always good practice, but unfortunate events non withstanding, the point is the law doesn’t require to “leave” time on h1b for future extensions, as seems to be a common misconception.
  11. Gc is different And independent from h1b. An employer can file for gc at anytime since it’s for a future job. So yes it can be parallel to h1b transfer. Don’t think you have enough time to get I140 approved by oct. PERM itself will take 6-8 months. You can file for 7the year extension if perm is pending for 365 days or i140 is approved. So you will have to leave the country latest by 10/16/2020, and can reenter when the h1b extension is approved based on a pending 365 day perm or approved 1140. This will be cap exempt
  12. Again, earlier exit date is not required. You can leave by the last date of legal stay, i.e date on the I94 and i 797, whichever is earlier. Subsequent h1b renewal will be cap exempt.
  13. 1) As long as you leave by April 1 2020, it doesn’t matter. 2) No advantage. You don’t have to “leave “ time on your H1b. AC21 allows you to extend beyond 6 years after you have used it all up. Just don’t stay beyond April 1. 3) Yes. Alternatively if your perm for any reason is still pending by September 5 2020. You are eligible to apply for a 1 year h1 b ext based on a 365 day pending perm. 4) gc is independent of H1b. When you apply for the h1b extension it will have to be based on the current job/client/ location etc.
  14. No and No. only thing is that your i-94 on your return To the US will be stamped till your passport validity date and not your h1b date. So to be on valid status after june 30, you will need to have a renewed PP and the h1b extension filed prior to june 30. Alternatively, you could extend your I 94 from june 30 to sep 30 at a CBP office.
  15. Don’t know about the change in employer, but general dropbox requirements are no change in visa class (ie H1) and visa expired within the last year. You meet both. Nothing happens when your I-140 is approved. Only thing is if you submit your ds160 prior to I-140 approval then you may have to redo the form to say “yes” to the question “ has anyone filed an immigrant petition on your behalf”
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