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About rksingh

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  1. The company that sponsored your I-140 can apply for a cap-exempt H1B for you with consular processing. After getting H1B visa stamp based on that approved H1B, you can enter US and work. You do not have to wait for next years quota.....of course all the above is based on assumption that your employer did not withdraw the I140 also when you left for India
  2. rksingh

    H1/H4/H4EAD with travel

    In your case, it is advisable that only you apply for your H1B extension in PP. Since your spouse already has a visa stamp till Apr 2022, she does not even need to appear for stamping in India....(in fact neither do you if you are planning to return in Jan). When you return back to to US, you and your spouse will present your H1 extension I797. You will be admitted as H1 and your spouse as H4 upto the end of your extension. Then you can go ahead and apply for a H4 EAD for your spouse. If you do apply for H4 and H4 EAD before you leave, both applications will be deemed abondoned if your spouse leaves US before they are approved
  3. For such cases, it is hit-or-miss by the embassy. It will be best to go with both the current and extension documents. Technically visa stamp will be given for the duration of the current petition but try and request the Visa Officer politely and see if they will give you a stamp valid upto the end of your extension. And if the VO at consulate only gives you visa stamp Dec 2021, you can still request CBP officer at Port of Entry and see if they will oblige by making your I94 valid till end of extension....again this is hit-or-miss but no harm in trying. ***Whatever happens, when you return back to US check your I94 very carefully while still at the CBP officer's desk to avoid any nasty surprises later.
  4. H4 status does not have any bearing on FSA eligibility and use. Only the IRS rules would apply as normally would to any married couple. FSA account use has no risk to the green card process unless it is willfully misused by breaking tax regulations....such as for example using the FSA funds for non-approved medical expenses
  5. Your attorney is correct......You must wait for Final Action date to move forward from 10/21/2011 to be able to file AOS. The Date of Filing ONLY and ONLY becomes valid for filing IF the USCIS allows it to be used. You must use this USCIS webpage to determine if you can file or not (this link is for Sep 2021): https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-68 In other words, even though State Dept publishes both Final Action and Date of Filing charts, ONLY the USCIS determines which chart you can use.....if you think this is messy and confusing then join the club!
  6. rksingh

    Currently in H1B entered into USA in H4

    Most likely you are in violation.....you entered in US with H4 stamp so you were admitted in H4 status. That meant you cannot join your employer on H1....consult a qualified attorney to sort out this mess.
  7. rksingh

    Open Questions on I-485/Adjustment of Status

    No...the birth certificate issued by Indian consulate is not acceptable....It simply certifies what is in your passport. For USCIS purposes you need to first get a "birth certificate non-availability" letter from the relevant authority where you were born and then get at least 2 affidavits from relatives who were present or who had knowledge of your birth. See this link from US State Dept: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html "Alternate Documents: If an individual is born after April 1, 1970 and is unable to obtain a birth certificate, the individual must obtain a certificate of non-availability from the local authorities with jurisdiction over their place of birth. In addition to a non-availability certificate, the following documents can be accepted as secondary evidence: School-leaving Certificate (document provided to students when they cease attending a particular school, be it public or private), Matriculation Certificate, Certificate of Recognized Boards from the school last attended by the applicant (Boards are exams) A notarized affidavit executed by either a parent, if living, or another close relative older than the applicant. This affidavit should clearly state the relationship between the deponent and the applicant, how well the deponent knows the applicant, the date and place of the applicant's birth, the names of both parents, and any other related facts. If the applicant has no living relatives that witnessed their birth, a self-attested affidavit detailing their knowledge of the facts of their birth may be accepted."
  8. You will answer No to both questions Your I140 petition is only for you....it is filed by your employer for an employment only for you. Beneficiaries ONLY come into the picture when your priority date becomes current and you file your I485 form
  9. rksingh

    H1B TO H4 COS

    1) Yes you must file for COS to H4..........your H4 visa stamp in passport has no bearing on this since a visa stamp is ONLY used to ENTER the US 2) Yes, if you leave US while H4 COS is pending, then the application is deemed to be automatically abandoned 3) You already have visa stamp till Dec 2021 which you can use it to reenter the US in H4 status. Most likely you will be eligible for dropbox if you still decide to renew your H4 visa
  10. rksingh

    Date of filing vs Date of final action

    Yes you can
  11. I applied about 5 months before H4 and EAD expiry
  12. rksingh

    H1/H4 Dropbox

    If you travel out of US with her H4 extension application pending then the application will be deemed abandoned. You will then have to apply for a H4 visa stamp for her in India on the basis of your approved H1. She will then enter the US and will be admitted in valid H4 status. The timeline for visa stamp, drop box etc in India are dependent on specific US Embassy conditions and wait times. At the current time, H4 visa holders come under the travel ban so she will not be allowed to return until ban is lifted. In fact the principal H1 may also not be allowed back unless certain other exemptions are applicable. For exact details its better to see the state dept website rather than rely on forum replies. https://in.usembassy.gov/visas/national-interest-exception-frequently-asked-questions/
  13. This is just an informational posting in case anyone is still waiting for their H4 approval from last year: 1) H4 Extension + H4 EAD application filed in first week of July 2020 2) Biometrics completed in first week of April 2021 3) H4 extension and H4 EAD approved last week of June 2021, And then physical EAD card received few days later. The good news?......USCIS took less than 1 year to approve The bad news?......USCIS took almost a year to approve...in the meantime, driver's license expired, job lost, general anxiety etc etc
  14. rksingh

    Non Remunerative work on H4 Visa

    This issue is a gray area....even if the activities are unpaid and volunteered, the USCIS can consider it unauthorized employment if such activities are generally paid employment. Just the fact that one forgoes payment and "volunteers" to do these activities does not mean they cannot run afoul of the law. Consult a qualified Immigration attorney before starting any such activities to be on safe side.
  15. rksingh

    H4 and H4 EAD premium processing

    There is currently no option for Premium Processing of H4 extensions. However there are some rumors that USCIS has been processing H4 applications quickly IF filed along with the principal's H1 application with Premium Processing. Yes you can apply for H4 EAD....it will remain pending with the USCIS until the H4 is approved. In fact it is advisable to file both H4 extension and H4 EAD at the same time.