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hilith

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About hilith

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  1. hilith

    H1B Extension after 6 years

    I have read below some time back : Just wanted to make sure how accurate are these statements in my case : For beneficiaries of approved I-140 petitions, the critical juncture regarding the withdrawal of the I-140 is 180 days after its approval. Once the I-140 has been approved for 180 days, the I-140 beneficiary gains certain indefinite entitlements pursuant to that approval—among those being indefinite H-1B extensions, H-4EAD approvals, as well as priority date retention. Therefore, even if the petitioning company withdraws the approved I-140, the I-140 beneficiary can use that approval for H-1B extensions with any company as well as spousal H-4EADs indefinitely so long as the I-140 withdrawn occurs after the I-140 has been approved for at least 180 days. Additionally, with regard to retaining priority dates, an I-140 must remain approved for 180 days before a beneficiary becomes entitled to the priority date of their petition for priority date portability purposes. That is, if you have an approved I-140, you will be granted the priority date of that petition only if it has been approved for 180 days and a withdrawal of that I-140 occurs after January 17, 2017.
  2. Hi Experts, Is extension possible with cancelled I 140 after 10 months ( more than 180 days)? Came to US in Dec 2016. I 140 receipt came in April 10 2019. Changed to new employer in Nov 2019. Old employer cancelled I 140 in March 20 2020. Does this effect 6 year extension or we can use cancelled I 140 ? Does this effect H4 EAD applied on June 2020 ? current employer dragging my GC not sure if they can be done before my 6 th year h1b. Would it impact my extension in any way ?
  3. I got Approval from EMP B on 11-14. Do I need to join employer B by 11-24 ( EMP A I94 extension date) ? EMP A have sent new extension petition around 11-13. Can I work with EMP A until Dec 16 th and server notice and move to EMP B. Am I breaking any thing here ? or Do I need to join EMP B immediately?
  4. One of my friend have a situation : I-797 Expired but I-94 is valid, H1B extension filed after I-797 expired and before I-94 expiry day. is it Legal ? and he took paid vacation from 797 expiry to I94 expiry.
  5. So 11-13 to 11-22 I will have to go on paid vacation to start on 11-23 right ?
  6. You mean Fedex receipt or 797 Receipt ? I can only get 797 receipt by 11-22 for EMPA. Will that be a problem ? so should I stop working from 11-13 and wait until 11-22. As I94 expiry is 11-24 I am authorized to stay until 22 th not working from 13 th ?
  7. 1. ) How many days I have to leave by after denial on 11-24 . Let's say I leave with in 3 days. Will it have any impact on my future new H1b Petitions ? or Transfers ? I have I 140 approved and in 4 th year H1b. Can new employer in my home country or EMP B do new petetion with same H1b after denial. or this H1b becomes completely useless ? 2.) If extension application is sent by 11-13 with EMP A ( who is holding my current 797) and we don't have any receipt number by 14 th, am I out of status immediately or I can stop working from 11-14 to 11-24 and wait for new receipt to come by 11-24 and start working ? Will this work ? 3.) Do you advise to join EMP B as we already got receipt and lawyer is confident on clearing RFE than holding to EMP A. 4.) is it a good Idea to go to home country and wait until transfer is complete to be safe and never go out of status ?
  8. With Employer A : My I94 expires on 11-24 and 797 expires on 11-14. My Transfer with Employer B is pending with RFE in premium processing. Planning to join Emp B on receipt on or before 11-14. 1.) Incase Emp B RFE us denied am I going out of status ? When should I travel back to my country ? is there any grace period ? 2.) Can we have two petitions run at same time with USCIS. Initiate Renewal with client letter with Emp A while Emp B transfer is in progress with RFE in premium. As its very close to I 94 date I want to be very clear on what are my best options, 3.) Emp B is confident on clearing RFE. But I am not sure what my status will be if that goes for another RFE or denied after I 94 date. 4. ) If EMP A and EMP B petitions are approved then do I need to go out of country for stamping after 11-14 ? Does approval of EMP A or EMP B sequence have any relevance ?
  9. hilith

    H1B Validity

    My friend got H1B Approved in Oct 2015 and didnt get his visa stamped since employer was not able to support further. Does he still fall under H1B cap exempt even though his initial approval got expired in Oct 2018 and do a H1B Transfer to different employer, then go for stamping and come to US with the same. Pls help us out.
  10. hilith

    H1B Ammendment

    Please let me know any further update on this. Thanks !!!
  11. hilith

    H1B Transfer with out Stamping

    Please let me know any further update on this. Thanks !!!
  12. hilith

    H1B Ammendment

    I am based in India and got H1B Approved with an Employer using Client Letter A. Now Client A wrapped up the project and no longer supporting the project. Employer says to look for new job while still in India and then file Amendment up on getting job offer so that I can go for visa stamping with new I-797 and then enter US. Please let me know if this is feasible and how long does it take to get Amendment completed. Thanks for your help in advance.
  13. I am based in India and got H1B Approved with an Employer A using Client Letter B. Now the Client B wrapped up the project and no longer supporting the project. So please let me know if I can transfer my H1B to new employer C, while I am in India and go for stamping with Employer C. Thanks for your inputs.
  14. I am working with Employer A and got a new job offer from Employer B. Employer B filed H1B transfer and got the receipt as well. Now I am in a situation where I want to use the vacation with Employer A. My start date with B is Dec 1 and I want to be on vacation with A until Dec 31 to get some added benefits. Please let me know if it is ok to be employed with two employers (separate approved H1Bs) for one month with paychecks. Will it pose any problem with H1B or Green Card in future. Thanks !!!
  15. I am working a X company with whom I have H1 stamping till Sep 2014. If I transfer my H1 to Y company, do I need to go to consulate in India again for stamping. Please advise me and Thanks for your help.
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