Mathew Posted October 9, 2013 Report Posted October 9, 2013 All, I am looking for answers related to my period of stay in the US. My VISA is expiring on 20-Oct-2013 and my current employer is not filing for an extension. Though I have offers, my VISA transfer is also stuck due to the shut-down. My I-94 is valid till 30-Oct-2013. I had a few questions which would help me in determining the chances. 1. How long can I stay in the US if H1B transfer does not materialize? Can I stay till my I-94 expires - 30-Oct? 2. Can Employer B file for VISA Transfer after the 20th as my I-94 is still valid? Let me know if anyone has been through a similar situation. Regards, Mathew (Another victim of shutdown)
jairichi Posted October 9, 2013 Report Posted October 9, 2013 All, I am looking for answers related to my period of stay in the US. My VISA is expiring on 20-Oct-2013 and my current employer is not filing for an extension. Though I have offers, my VISA transfer is also stuck due to the shut-down. My I-94 is valid till 30-Oct-2013. I had a few questions which would help me in determining the chances. 1. How long can I stay in the US if H1B transfer does not materialize? Can I stay till my I-94 expires - 30-Oct? 2. Can Employer B file for VISA Transfer after the 20th as my I-94 is still valid? Let me know if anyone has been through a similar situation. Regards, Mathew (Another victim of shutdown) 1. Yes, you can. 2. Yes. As long a decision is pending with USCIS on your H1B petition you are in status.
pontevecchio Posted October 9, 2013 Report Posted October 9, 2013 Visa is a passport stamp letting you enter. 1. You can stay till the I94 expiry. 2. Only the DOS can give you a visa. I assume you mean a H1 extension. Any new employer can file a H1 petition for you.
Mathew Posted October 10, 2013 Author Report Posted October 10, 2013 Hi, Thanks for the responses. My current work assignment end-date is 18-Oct. So will I not be in out of status between 19-Oct and till the time the H1B transfer is filed for me to join Employer B? Will it potentially result in an RFE during the transfer? Please note that my current employer is not filing for my VISA extension. Relevant Dates : Current Work assignment end-date : 18-Oct H1B VISA end date : 20-Oct I-94 Expiry : 30-Oct. H1B Extension : Not Initiated H1B Transfer : Not initiated due to lack of LCA (due to shutdown) Regards, Mathew
jairichi Posted October 10, 2013 Report Posted October 10, 2013 Hi, Thanks for the responses. My current work assignment end-date is 18-Oct. So will I not be in out of status between 19-Oct and till the time the H1B transfer is filed for me to join Employer B? Will it potentially result in an RFE during the transfer? Please note that my current employer is not filing for my VISA extension. Relevant Dates : Current Work assignment end-date : 18-Oct H1B VISA end date : 20-Oct I-94 Expiry : 30-Oct. H1B Extension : Not Initiated H1B Transfer : Not initiated due to lack of LCA (due to shutdown) Regards, Mathew You should be fine as long as you either apply for a COS to H4 or B2 or an employer files a cap exempt petition
Mathew Posted October 10, 2013 Author Report Posted October 10, 2013 @ Jairichi To Apply for COS I should be a dependent of someone right? Should I be travelling out of the country to file for Cap Exempt petition? Regards, Mathew
Mathew Posted October 10, 2013 Author Report Posted October 10, 2013 Hi, Will I be able to do COS to H4? My wife is already on H4. Is that a possibility> Regards, Mathew
Mathew Posted October 10, 2013 Author Report Posted October 10, 2013 Hi, Can someone please help in responding to my question above? Will I be able to do COS to H4? My wife is already on H4. Is that a possibility> Regards, Mathew
jairichi Posted October 11, 2013 Report Posted October 11, 2013 @ Jairichi To Apply for COS I should be a dependent of someone right? Should I be travelling out of the country to file for Cap Exempt petition? Regards, Mathew Yes. As long as a decision on your H1B petition is pending with USCIS you can stay in US.
jairichi Posted October 11, 2013 Report Posted October 11, 2013 Hi, Will I be able to do COS to H4? My wife is already on H4. Is that a possibility> Regards, Mathew No
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