REQUESTING SUGGESTION FOR MY WIFE'S VISA SITUATION


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Hi Friends,

  I just joined the Murthy forums, I see some great answers to many questions . I have a unique situation and would like to understand the best option here.

 My wife is in H1b visa with I140 approved. She got laid off from work on May 10th 2019,  I have the below questions.  She got her severance  direct deposited on may 31st.  Below are my questions.

1. Will she start her 60 days grace period from May 31st or May 10th.   If it is May 10th, will she go out of status by July 9th?

2. My H1b is valid until Jan 8th 2020, so i can apply for H1b extension only by July 13th 2019.  Can my wife stay for extra 4 days in Out of status and apply for H4 along with H1B premium extension.  Will this be found by USCIS and cause any issues for her H4/H4 EAD application?  Is being 4 days Out of status really a big deal?

3. The h4  Visa waiting times in india is about 60 to 90 days, is it still better to go to India and get it stamped (OR)  just apply for H1b to H4  COS in US itself before July 9th 2019.  My attorney said it would take about 4 to 6 months to get her H4/H4 EAD. Which is better option?

4. If I decide to do H1b to H4 COS in the US itself,  Can the pending H4 application be adjudicated if i get my H1b premium processing done, can he pending H4 get validity until my extended H1b petition even though she files with my current H1b (valid until jan2020). Just asking this to see if i can avoid doing extension again.  

5. How does USCIS even know she lost her job on May 10th,  even if they know, is it that bad to be in out of status for 5 days ?

Please advice.

Edited by sudarshan1985
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18 hours ago, sudarshan1985 said:

Hi Friends,

  I just joined the Murthy forums, I see some great answers to many questions . I have a unique situation and would like to understand the best option here.

 My wife is in H1b visa with I140 approved. She got laid off from work on May 10th 2019,  I have the below questions.  She got her severance  direct deposited on may 31st.  Below are my questions.

1. Will she start her 60 days grace period from May 31st or May 10th.   If it is May 10th, will she go out of status by July 9th?

2. My H1b is valid until Jan 8th 2020, so i can apply for H1b extension only by July 13th 2019.  Can my wife stay for extra 4 days in Out of status and apply for H4 along with H1B premium extension.  Will this be found by USCIS and cause any issues for her H4/H4 EAD application?  Is being 4 days Out of status really a big deal?

3. The h4  Visa waiting times in india is about 60 to 90 days, is it still better to go to India and get it stamped (OR)  just apply for H1b to H4  COS in US itself before July 9th 2019.  My attorney said it would take about 4 to 6 months to get her H4/H4 EAD. Which is better option?

4. If I decide to do H1b to H4 COS in the US itself,  Can the pending H4 application be adjudicated if i get my H1b premium processing done, can he pending H4 get validity until my extended H1b petition even though she files with my current H1b (valid until jan2020). Just asking this to see if i can avoid doing extension again.  

5. How does USCIS even know she lost her job on May 10th,  even if they know, is it that bad to be in out of status for 5 days ?

Please advice.

1. May 10th 2019.

2. It might create a problem. Depends on the officer who is reviewing the application. Some might oversee it and some will be strict.

3. Best option is to go to Mexico and get stamped. They allow H-1 to H-4 as both are the same class.

4. No USCIS does not do that. You would have to still file 2 times.

5. Again it is upto you. They can check her latest H-1 pay stub when you apply for H-4 extension to check to see if she was in status.

Try to find out from your employer's attorney if that is fine. You don't want to take chances with USCIS.

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20 hours ago, sudarshan1985 said:

Hi Friends,

  I just joined the Murthy forums, I see some great answers to many questions . I have a unique situation and would like to understand the best option here.

 My wife is in H1b visa with I140 approved. She got laid off from work on May 10th 2019,  I have the below questions.  She got her severance  direct deposited on may 31st.  Below are my questions.

1. Will she start her 60 days grace period from May 31st or May 10th.   If it is May 10th, will she go out of status by July 9th?

2. My H1b is valid until Jan 8th 2020, so i can apply for H1b extension only by July 13th 2019.  Can my wife stay for extra 4 days in Out of status and apply for H4 along with H1B premium extension.  Will this be found by USCIS and cause any issues for her H4/H4 EAD application?  Is being 4 days Out of status really a big deal?

3. The h4  Visa waiting times in india is about 60 to 90 days, is it still better to go to India and get it stamped (OR)  just apply for H1b to H4  COS in US itself before July 9th 2019.  My attorney said it would take about 4 to 6 months to get her H4/H4 EAD. Which is better option?

4. If I decide to do H1b to H4 COS in the US itself,  Can the pending H4 application be adjudicated if i get my H1b premium processing done, can he pending H4 get validity until my extended H1b petition even though she files with my current H1b (valid until jan2020). Just asking this to see if i can avoid doing extension again.  

5. How does USCIS even know she lost her job on May 10th,  even if they know, is it that bad to be in out of status for 5 days ?

Please advice.

Even though the guideline is to apply for h1b extension not more than 180 days before expiration, there is no such requirement with amendments. Furthermore, I have not seen any petition sent back by USCIS for filing too early(even if filed more than 180 days in advance). Things might have changed under Trump but it is not a bad idea to apply for extension bundled with amendment if anything related to your position has changed. For example : An yearly increase. These kind of strategies are followed by competent attorneys and you should work with your employers attorneys to find out the best possible strategy for you and your wife's case.

Noone on non immigrant visas should overstay in US not even by one day. DOS and DHS and its agencies have unlimited access to your immigration records. They know everything. They may overlook some of the facts but if they want to know, they know.

Edited by xTDx
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