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Attorney_22

Change of Status Issues

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This week, Murthy Law Firm attorneys will answer questions regarding change of status issues.  

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

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My spouse's h1b is ending(6 years) in mid march 2021, her employer is in process of filing i-140 but don't think it would happen by mid march so that we could extend the h1b. We have filled for her COS from h1b to H4 with request for future date around start of march, and already have a receipt from uscis :

1) Would spouse be allowed to stay in US if h1b to h4 COS status is pending?

2) If spouse stops working from beginning of march then would her h1b for remaining time in march be saved and can it be used for further h1b extension when her employer gets  i-140 approval? 

 

 

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Qn 1: H4 Expiry date 1/14, Applied H1 in Premium 1/4 ,What is my status  from 1/14 till my H1 approval, H4 extension has not been applied.

Qn 2: L1 max-out is Sep 24 & H1 will be applied this year , what's the status from Sep 24 to Oct 1, will it need me to travel outside the country and get stamped or should i travel now to extend by max out by another week so I am not out of status by 9/24.

 

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The priority date printed in i-485 receipt is incorrect. I filed i-485 depending on my spouse's I-485. date printed is from my i-140 priority date sponsored by my employer. preference classification is also printed as I-140. Do i need to contact USCIS?

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Hello, I've downgraded from EB2 to EB3 and I got the EAD card recently. While continuing the full-time employment with the sponsoring company, can I do the part time job on EAD card? If yes, will my H1B status still continue or should I forgo my H1 status? I still wanted to keep my H1B status until I get my GC - Thank you!

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I have EAD and I-485 in pending status, since 2012, and in Oct 2020 my priority date became current. What is the next step to get my green card? Do I need to file any additional paperwork?

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Hello Murthy Law Firm Team,

If someone has consular processed H1B from employer A, without filing the change of status petition can employer B file a fresh petition with change of status option? If yes, would it require going through the lottery again? (If lottery process remains as it is)

Thank You

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I applied for COS in April 2020 from H1B to B2, I had my biometrics in NOV 2020, got an RFE about residence abroad in Dec 23 2020. I got an approval on 01/08/2021 with a validity date from 01/07/2021 - 01/08/2021 which is just one day. Is this a typographical error or am I acquiring unlawful presence? I am confused and waiting for the paper notice.

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Dear attorneys,

My H1B cap was approved in 2016 and I have been in H1B status since then. I was laid off from company A on August 14, 2020 and the very day I filed for a B-2 status which is still pending. If I was to stay 180 days in a pending B-2 status, I would be able to stay until February 9, 2021 in the US. The H1B I-94 with company A was valid till December 27, 2020.

I received an offer letter from company B on December 11, 2020 and they filed for a COS to H1B on January 12, 2021. B did a premium processing and urged USCIS to adjudicate B-2 before approving H1B.

Company A came back to me on December 20, 2020 with another offer and informed me that they would have to file a new H1B petition since they revoked the previous H1B. I accepted company A's offer as well and they have filed a regular COS to H1B in first week of January. Since they haven't been communicating with me clearly regarding this, I guess sometime between January 5 and January 8, the petition was sent to USCIS.

I haven't gotten any of their receipt notices yet.

My question: Would it cause me any trouble at USCIS when there has been two petitions submitted for me? Since one petition asked to adjudicate B-2  before approving H1B, how would the scenarios may play out since A filed for a regular processing? I'm guessing A's approval might not come through before February 9, 2021 and if B's petition gets approved, how would A's petition be treated? If none of the petition is approved before February 9, 2021, would I have to leave the country? What are the chances of USCIS giving a consular processing?

Thank you all very much and I'm looking forward to your answers!

Regards,
R

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On 1/7/2021 at 5:39 PM, adk2020 said:

My spouse's h1b is ending(6 years) in mid march 2021, her employer is in process of filing i-140 but don't think it would happen by mid march so that we could extend the h1b. We have filled for her COS from h1b to H4 with request for future date around start of march, and already have a receipt from uscis :

1) Would spouse be allowed to stay in US if h1b to h4 COS status is pending?

2) If spouse stops working from beginning of march then would her h1b for remaining time in march be saved and can it be used for further h1b extension when her employer gets  i-140 approval? 

 

 

A timely filed COS allows an individual to remain in the U.S. while pending, but for specific advice on your circumstances, I recommend calling our office and speaking to one of our attorneys. 

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On 1/7/2021 at 10:39 PM, rocky_NNC said:

Qn 1: H4 Expiry date 1/14, Applied H1 in Premium 1/4 ,What is my status  from 1/14 till my H1 approval, H4 extension has not been applied.

Qn 2: L1 max-out is Sep 24 & H1 will be applied this year , what's the status from Sep 24 to Oct 1, will it need me to travel outside the country and get stamped or should i travel now to extend by max out by another week so I am not out of status by 9/24.

 

A timely filed COS will provide a period of authorized stay after your current status expires and until the COS is adjudicated. Generally, the gap in status will mean you will be without status and USCIS most likely will only approve an H1B cap case for consular processing in this scenario.    

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On 1/10/2021 at 3:25 PM, nicko258 said:

Hello Murthy Law Firm Team,

If someone has consular processed H1B from employer A, without filing the change of status petition can employer B file a fresh petition with change of status option? If yes, would it require going through the lottery again? (If lottery process remains as it is)

Thank You

You should call our office and speak to one of our H1B attorneys. It will be necessary to obtain more information before being able to advise you. 

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In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States in an eligible nonimmigrant status, your nonimmigrant status remains valid, you have not violated the conditions of your status and you have not committed any crimes that would make you ineligible. Until you receive approval from USCIS, do not assume the status has been approved and do not change your activity in the United States.

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