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Bobby kk

H1B extension I797 break in period

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My wife is work for a consulting company. same employer-client for last 6+ years.

2013 aug h1b transfer approved

2014 May switch to H4 pregnancy reasons

2014 sep switch to h1 back to the same employer and client

2015 sep h1 extended till 2016 dec

2016 h1b files got rfp responded to rfp pending status

2017 second H1b filed in premium - denied

2017 third H1b filed approved with I797B no I-94

     receipt date 3/16/2018

     noticed date 10/29/2019

     valid from 10/23/2019 to 03/21/2021

her last I797 and i94 valid was till 2016, now there's a missing period between 2016 dec till oct/2019

did she violate any law by over staying? lawyer and the employer has always said she is in status. we had emails.

she is planning to go to india for stamping what should she be cautious about what can she expect?

please assist she needs to travel soon.

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17 hours ago, Bobby kk said:

2016 h1b files got rfp responded to rfp pending status

What was the result of this petition from 2016?  If this was pending all the while then she is good or else she is out of status. I am going with what you have mentioned.

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Thanks for the response. We checked the USCIS site its still pending no action taken.

How soon she need to leave the country (US), she is still waiting for the documents from the employer?

There are no appointment dates available in India US consulate in near future. Can she travel close to the interview dates?

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