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About giri26

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    Advanced Member
  1. Normally you would need to file extension of stay for your dependants along with your extension which will be a I-539 when they are in the US with you. If you haven't filed it and if their current I-94 has expired, they would be currently out of status. The fastest way would be to leave the country and come back on H4 visa after you get your I-797. It is always a good practice to file I-539 along with your I-129 as it is easier that way.
  2. They can but they would need the copy of your approved H1B petition. Like Joef suggested better to go for premium processing.
  3. It is better not to travel with the Amendment not approved. You have a high chance of getting 221G and getting stuck. It is better not to travel without the amendment approval or if you have to travel, it is better to wait till you get the approval before appearing for the Visa interview.
  4. In short no. Wait for your amendment approval before travel.
  5. You are posting on one of the very good immigration lawyers forum. Their contact details are available on this page at the top.
  6. You can only stay for 240 days after your I94 expiry while your extension is in progress. If you are still waiting for a decision, better to convert your application to PP and leave the country and come back with VISA.
  7. He means ask her to only show the extension petition and not the one expiring in May. She will have her I94 till the expiry of your petition which will be 2021.
  8. To be frank it is not advisable to travel while amendment petition is in progress. I remember when my amendment was in process my employer simply denied permission for me to travel until the petition was approved. Mine was applied in premium though and got approval within 14 days. I used drop box and got the approval in 3-4 days. So it is better to always carry your latest petition for H1B stamping. You probably have to now wait for your amendment to get approved.
  9. H4 EAD is not a status, H4 is. If you have a valid H4 visa on your passport you should be able to get back with that. If you don't you need to apply for a visa at the consulate and get it stamped and travel back. You did not say what sort of EAD you hold. If it is through the AOS then you need to have the AP but if it is H4 EAD, then you need the visa.
  10. Best thing to do is transfer the money to an Indian bank via an online money transfer before leaving and just carry enough cash to cover you during travel.
  11. I140 does not have a start or the end date. I am thinking you are talking about the H1B petition. If you are asking us whether you will get your visa or not, then no one here can answer that question. It depends on lots of factors like the company you are working for, the documentation, if you are FTE or working in layers etc. Also there is no guarantee that the visa processing will be completed within 4 weeks. If all your paperwork is in order and you are working for a good organisation then you should have no issues. Even then we cannot predict the visa processing timelines. You need to be prepared for any delays and inform your employer in advance.
  12. Are you really saying this? when 70% of Indian marriages are still arranged? So US immigration now decides how people coming to their country should get married? Why are they worried about that anyways? 90% of people who are in US from India have arranged marriages, why weren't they rejected for H4's and F2's? The biggest reason for rejection is that his wife tried for F1 visa 5 times before and got rejected. Probably due to the quality of the colleges she applied to which probably raised a red flag. That is more likely the reason for the rejection and not the arranged marriage.
  13. That means that you were not cap counted and your new employer would need to file a new H1B petition this April. You cannot transfer or extend the application for which you were refused visa, since you never worked on H1 before, you were never in that status.
  14. You need to have the amendment approved before you can go for stamping. It is not advisable going for stamping without it.
  15. You will need to file an amendment for the client change. You will get stuck if you go for stamping without it. LCA alone wouldn't suffice. It does not matter if it is the next building, different client means you need to file an amendment. 1. Yes 2. Your employer is wrong 3. No, you cannot go for stamping with the old client LCA or Petition as you don't work there anymore. 4. You will not get visa if you travel with your old petition and will most likely be stuck in admin processing. Please check with an immigration lawyer before taking such decisions.