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About Mav777

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  1. Not many options at this point if your perm is still pending. You will have to leave the country latest by march 9. If the perm is still pending on march 22, the company can file for a 1 year h1 extension based on the 365 day pending perm. Once approved you will have to get it stamped and can return. alternatively, if the perm was approved prior to March 9, then the company needs to file for a 1-140 immediately. If the I-140 is approved then an h1b extension can be filed. If both the i140 approval and the h1b extension filing happens before or by March 9 then you won’t need to leave the country. If both don’t happen then you will have to leave by march 9 and wait outside the country similar to scenario 1 and return after getting h1extension approval and stamping.
  2. Mav777

    PERM in Audit

    If the 6 year period ends in 2021 then I would heed that date irrespective of what date the uscis notice says. What date was the perm actually submitted? The company can apply for a 1 year h1b extension based on a pending PERM after 365 days of the perm being applied. So worst case scenario is you have to leave the country by april 23 till the 1year extension is approved and then can return.
  3. Mav777

    Extending H1B in 6th year

    Yes h1b and i485/ead are parallel tracks. You can continue and keep extending h1b based on an approved i140 while the i485 is pending, infact that is actually the the recommended path
  4. Mav777

    H1B Visa Maxout

    Only option is to extend the maxout date by recapturing any outside the country travel time. If non is available then you will have to leave and then wait for the i140 to be approved and then file for an extension and get it approved and stamped before returning.
  5. Ead is separate from h1b. One year extension based on 365 day pending perm or a 3 year extension based on a approved i140 can be applied for after the 6 years of h1b are over/expired while the beneficiary is inside or outside the country. No connection with ead.
  6. Mav777

    Discrepancy in Receipt Date of 485

    There is no discrepancy. The notice will show the receipt date of the application, which is used for Ac21. The online status for i485 shows the date the application was accepted/entered the system. All you have to do is stop panicking and wait for the hard copy of the receipt.
  7. Current employer can use the previous i140 to apply for an extension
  8. Mav777

    h1b 7th year extension issue

    1) no gc is for a future job. Perm and i140 can continue irrespective of travel or even if the beneficiary was living outside the country. 2) current job has no bearing on the gc job, you can do whatever is feasible. Only condition is that the gc job should continue to be available and is being offered for the future 3) same answer as 2. As long as the job is being offered for the future, you can change companies. The means the existing company is willing to continue the gc process and expects you to rejoin in the future. 4) you have to leave when the visa ends. No grace period. You can extend the max out date by applying for an extension to recapture any outside the country travel time
  9. Mav777

    h1b cap exemption period count

    Yes, since the h1b in 2016 was files as cap exempt and not as a new h1b in the lottery, the previous 8 months will be counted. PERM is not transferable, the new company and position will have to restart the perm. Since you will be in your 6th h1b year in Jan 2021 and filing of perm will take atleast 5-6 months , the perm approval will most likely occur after your h1b stay is over perm approval could take 6 months to year and a half depending on if the perm is selected for an audit). You will have to leave the country when the h1b expires and wait till the perm is approved and i140 is approved( which can be quick if done in premium) and then apply for a 3year h1b extension to return. Can also apply for a 1 year extension if the perm is pending for 365 days.
  10. You will be eligible for a fresh 6 years of h1b visa after staying out of the country for one year. However, ofcourse you will have to go through the lottery again at the time. The gc process can be started anytime, whether you are in the country or not. It’s for a future job an not connected to your h1b. Typically the earlier it’s started the better, but with the new DOL wage rules in effect it may be prudent to wait for the rule to be struck down in court prior to starting the PERM process, unless the increased wages do not affect you.
  11. 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.
  12. You can’t apply for ead without applying for i485. The ead eligibility is based on a pending filed i485 and not the i140
  13. You are not affected. Only for cases that started PWD after oct 8.
  14. 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.
  15. Mav777

    Extension of H1 after expiry with I 140

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