neerajxp Posted May 6, 2015 Report Posted May 6, 2015 Hi, My I-797C has notice date of Mar-2011 and i am currently cap-exempted. I never traveled to US. Same company is transfering my H1 again. If visa is stamped successfully, how much remaining time i will get on H1? Will be it be 6 years from after H1B stamping date OR from I797 notice date which is of 2011?
jairichi Posted May 6, 2015 Report Posted May 6, 2015 Since you have never used H1B you are eligible to use 6 years.
kotaprolu Posted May 6, 2015 Report Posted May 6, 2015 Hi, Background: I stayed in the US on L1B visa for 4.5 years continuously. At the time of L1B visa expiry (June 2013) my company applied for L1A Visa which was rejected in Feb 2014. I went back to India in Feb 2014 and applied for H1B. Got the H1B stamped in August 2014. Stayed in India for an year from Feb 2014 till March 2015 and arrived in the US on H1B in Apr 2015. Question: Can I stay in US for 6 continuous years with Cap exemption?
jairichi Posted May 7, 2015 Report Posted May 7, 2015 Hi, Background: I stayed in the US on L1B visa for 4.5 years continuously. At the time of L1B visa expiry (June 2013) my company applied for L1A Visa which was rejected in Feb 2014. I went back to India in Feb 2014 and applied for H1B. Got the H1B stamped in August 2014. Stayed in India for an year from Feb 2014 till March 2015 and arrived in the US on H1B in Apr 2015. Question: Can I stay in US for 6 continuous years with Cap exemption? No. Only if your cap subject H1B was filed after staying outside for a year you can get 6 years. Date of filing matters and not date of entry. Now you are eligible for 1.5 years on H1B.
kotaprolu Posted June 27, 2016 Report Posted June 27, 2016 Hi, My company filed I-140 under EB1 category early Dec 2015, currently awaiting decision. I am hearing that EB1 for India will not be current. Want to know the impact of this on my case processing. Question 1.Can we apply for 485 before I-140 is approved? 2. if we apply 485 after I 140 is approved (Aug/Sep 2016) will it be treated as current or it gets priorty date? 3. My stay expires end of Sep 2016, Are we good if I-140 is approved by then? If not, what should be approved? Appreciate your response. Thanks!
JoeF Posted June 27, 2016 Report Posted June 27, 2016 To file an I-485, the PD has to be current. If the PD is current, I-140 and I-485 can be filed together.
kotaprolu Posted June 28, 2016 Report Posted June 28, 2016 November 26 2015 is when we filed the I-140 alone under EB1. Can we go ahead and file I-485 before it is approved?
JoeF Posted June 29, 2016 Report Posted June 29, 2016 November 26 2015 is when we filed the I-140 alone under EB1. Can we go ahead and file I-485 before it is approved? If the PD is current, yes.
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