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SupariSharma

H1b 221g - clocks ticking?

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The validity of the H1b is till December 2020. I got a 221g asking for multiple documents and a few colors were combined for questions,

1. Since I have not gone to US yet, does it mean that time on this H1b will be untouched? As in, the H1b is valid through Dec 2020 and I have been waiting on this visa for an year and then on 221g for 5 months; will this year and a half be taken away if the consulate officer feels like it? Or can I refute it in my next new petition?

2. Is F1 to H1b on a COS not allowed in 2010? (cap exempt) Officer seemed to have no idea why this was made possible and argued for 40 mins. I even worked for several employers for 3 years after that. Perhaps just a training issue for the officers I would assume, please confirm

3. With Covid 19 story, will the H1b be deliberately instructed to be denied? Are there people receiving denial without cause? It is expensive and it would be a monetary loss, hence the question. Perhaps we can use an attorney to claim the money back?

4. Lets assume this H1b gets approved with just 1 month left. Will there be a work from home issue, even if I say that there is a live in office arrangement through which am working?

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Hello!

(1) Only time spent in the U.S. pursuant to H1B status will be counted towards the time spent in the U.S. It is important to understand that H1B visa and subsequently the I-94 at the time of entry would in general be issued in line with the validity of the H1B petition.

(2) Not sure if your question is clear. But for Fiscal Year 2011, H1B petitions were accepted from April 1, 2010 and the cap was reached on January 26, 2011

(3) While adjudicating a H1B petition, the USCIS will have to follow the underlying regulations and policies. Petition cannot be denied arbitrarily. 

(4) As long as the work from home option is listed on the LCA / H1B petition, there should not be an issue.

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