Extension FAQs

Doing business on AOS EAD and on H-4 EAD/extension

Authored on: Fri, 03/26/2021 - 09:59

Question

1. I know, someone on EAD based on AOS waiting for I-485 approval must produce a valid job offer (Supplement J) during GC interview. Once the person update work status as EAD on Form I9, then the legal status will become EAD based on AOS. Can the person start a business/startup while on EAD with pending I-485? If yes, should the person notify USCIS about it? Does Form I9 need to submitted for starting/running a business/startup?

2. I know, someone on H4 EAD can he start a business? 
 

Answer

Video URL

Visitor, Tourist, B-2 visa extensions and multiple extensions

Authored on: Mon, 01/11/2021 - 11:57

Question

My Mother-in-law arrived in the USA on Feb 19th, 2020 on visitor visa (B2), her initial plan was to stay till Aug 11th 2020 but due to covid-19 and travel ban we have applied extension for another 6 months - Feb 4th, 2021 on June 19th, 2020. Her case status is still under processing("Case Was Received") even though she is getting close to the end of first extension. Since she is over 62 and belongs to high-risk traveler category(with pre-existing conditions), we would like to extend her stay for another 6 months, mostly till June 2021. Her authorized stay(I-94) expired on 8/18/2020
<br>

1) Can we apply the second extension for another 6 months while her first extension is in processing, if yes, what is the process?<br>

2) Can she stay in the US even after Feb 4th (first application requested end-date) while the application is being processed, will this be considered overstay?<br>

3) What happens if my mother in law leaves before biometrics appointment?<br>

4) if rejected, how soon do we have to leave the US and will the stay from I-94 is considered as overstay?<br>

5) Staying beyond 1 yr has any impact on future visits?

Answer

Watch the Video on this FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions

Video Transcript:

This FAQ has become such a problem for people. Answering to the question:

1. Yes, you can.

2. Yes, she can.

3. Just keep track of all the paperwork you have filed to make sure you can prove to the government that she was legally in the United States. She can leave before the biometrics.

4. Reasonable time. A few days to three weeks depending upon what is reasonable under the circumstances.

5. If she stays here for six months or one year, let her stay outside for at least a year otherwise the government can refuse her entry saying you have been coming too frequently. FAQ in detail...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Loss of H-1B Job and Opting for B-2 Visa

Authored on: Wed, 01/06/2021 - 06:52

Question

1) I lost my job almost 6 months ago. I was on H1B with I-140 approved. I filed for a change of status to B2 (not approved yet). Now I have to extend again since I wasn't able to find a job and cannot move out of the USA right now.
How long/many times can one extend a B2 under the given circumstances?<br>

2) If for whatever reason say the original B2 petition filed in July gets denied do I get illegal presence for all these months from July? How long(days/weeks) does a person has to leave the country in this case?
<br>
3) Any suggestion on what steps to take if USCIS does not approve COS from B2 (pending) to H1b but processes as consular processing. I am a Canadian resident but I heard only emergency visa appointments are available.

Answer

Watch the Video on this FAQ: Loss of H-1B Job and Opting for B-2 Visa

Video Transcript

1. Until the B-2 is denied you could try to keep getting it extended.

2. No, as long as a timely filed B-2 was pending you have no unlawful presence.

Well, technically you have no grace period to leave, but the 180 days begin to be counted from the date of the B-2 denial, not from the date of the 60 days expiration of the H-1B.

3. At this point you should talk to a lawyer.  FAQ in detail...

 

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H-1B no notification of termination, 60 days grace period, etc.,

Authored on: Tue, 08/18/2020 - 05:44

Question

My employer ended my employment due to COVID reasons on May 31, 2020 but I never received an official termination letter. Calculating the grace period depending on the assumed termination date mentioned above, I have till July 30 to find a new job. Should my new employer give me an offer or start the H1B transfer application before July 30? What happens if they fail to do so in time? Can I extend the grace period on the basis of having an offer in hand or maybe because of the pandemic? My final interviews with potential employers are being withdrawn because of the time restriction.

Answer

Watch the Video on this FAQ:

H-1B no notification of termination, 60 days grace period, etc.

Video Transcript

File a complaint against the employer with the Wage and Hour Division of the U.S. Department of Labor by filling up the form WH-4. You can also call them. 

The 60 day grace period works like this. The new employer must make sure that your H-1B transfer application is received by the USCIS within 60 days. So the LCA should be done, the package prepared and USCIS should receive your H-1B transfer within 60 days, otherwise you will be out of status and you will have to go outside the USA for visa stamping pandemic or no pandemic, also remember there is a proclamation that will stop you from coming back at least before December. Make sure you remain in status or at least file a B-2. FAQ in detail...

 

 

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Implications of the 240 days grace period

Authored on: Wed, 05/06/2020 - 11:34

Question

I am on H1-B with approved I140. My I94 expired on 10th October and my H1 extension was filed in time. After 7 months of processing time I got RFE even though my employer has filed two service requests requesting to expedite the process. Regardless now that I have got the RFE there is a very high probability that I wont get a response before 240 days which is on 6th June. As far as my understanding goes I am allowed to stay even after 240 days of H1 extension waiting for the decision but not authorized to work. Is that understanding right?

Answer

Watch the Video on this FAQ:

 

Implications of the 240 days grace period


Video Transcript


When you file your petition timely you have a 240 days grace period to continue working even after your current status expires. That is a very big advantage, but the problem is what if the government takes more than 240 days to adjudicate. While the case is pending you can work for only 240 days, but you can stay an unlimited amount of time in the United States as long as the case is pending.

In the context of an H-1B if you have filed for an extension to change you can continue working as long as the case is pending, but if you have filed for an extension without change, you have got 240 days. FAQ in detail...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

B-1/B-2 visitors visa extension

Authored on: Tue, 05/05/2020 - 01:39

Question

My father is having a B1/B2 visa till 2025. He came to visit me on Feb 12, 202. He has stamped (I-94)till August 4, 2020. Due to this COVID-19 situation, I would like to extend his stay in the USA on B1/B2. He visited the USA multiple time from 1987 to 2020.

Answer

Watch the Video on this FAQ: B-1/B-2 visitors visa extension 


Video Transcript

There should be no problem applying for extension in these circumstances. The important thing is to get the application filed. It is not that important to get it approved. Make sure he keeps proof of timely filing. FAQ in detail...




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Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

Authored on: Tue, 04/28/2020 - 01:39

Question

My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)?

Answer

Watch the Video on this FAQ:

 

Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)

 

Video Transcript:  


This is an extremely important question, applying for an extension of B-1/B-2 status while there is coronavirus epidemic happening. ABSOLUTELY apply for your B-1/B-2 extension. It should not be a problem and once you apply for it online using form I-539 it is received by the government. You don't have to step outside your house. Now specifically answering your question you can extend six months from June. So once the application is received your parents can continue to stay here while the application is pending. FAQ in detail...

 
 
 
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Transfer of H-1B while extension is pending

Authored on: Sat, 03/21/2020 - 01:39

Question

Can H-1B transfer happen in such case from company B? If yes then if this transfer is approved but previous H1b extension is not approved which is from company B will it impact my status in US? Can I work for company B still? Will there be any chance that I have to go to India and come back with stamped visa ?

Answer

Watch the Video on this FAQ:

Transfer of H-1B while extension is pending

Video Transcript:

Yes you can. You can join company B but if the case is denied you will have to go outside the USA for visa stamping. FAQ in detail...




Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence?

Authored on: Wed, 02/12/2020 - 00:39

Question

1. Can I just withdraw the whole petition? and go out of the country and travel back on H4
2. Will withdrawing the "Extension+Amendment" petition without responding to the RFE make my presence UNLawful for the last 11 months. (I-94 Expired Dec 2018 last year) because I worked on the client on their new address without an approved amendment?

Answer

Watch the Video on this FAQ:

Does withdrawing a timely filed application/petition

with the USCIS lead to unlawful presence?


Video Transcript

 

In amendment case there is no 240 day limit. You can keep working as long as the file is active. 240 days is only extensions without a change. If you want to withdraw and go out of the country and travel back on H-4 for  that is fine.There is no unlawful presence here and you should always respond to RFEs. Never walk away from a RFE. It red flags your case.  The government starts thinking you are trying to do sometime. FAQ in detail...



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How far ahead of job or petition start date can I apply for H-1B visa stamping?

Authored on: Thu, 01/16/2020 - 01:27

Question

My H1B got approved for just 11 months started this October 2019. My H1b is expiring on August 15 2020 and I-94 on August 25 2020. My company will be filing for an extension under premium after February 15th which will be 6 months before my H1B expires. Thinking that I will get my H1B approval notice by end of Feburary 2020 under premium. Can I travel to India during the March 2020 and get my H1B stamping done based on my new approval of H1B given my old H1B is only expiring on August 15 2020. Want to avoid H1B stamping twice if I wanna travel in future after August 25 2020.

Answer

Watch the Video on this FAQ:

How far ahead of job or petition start date

can I apply for H-1B visa stamping?

Video Transcript:

For H-1B the recommendation at the U.S. consulate in India is 90 days. You can apply 90 days ahead of time, but they do make exemptions and I have seen them do it as much as six months ahead of time. Always a good idea to check. My understanding is that their website says something like 90 days, so just keep that in mind. So if you are going to apply for an H-1B you can apply perhaps 90 days ahead of the start date or the petition approval date.  FAQ in detail...

 

 

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Traveling While H-4 and EAD is Pending

Authored on: Tue, 07/30/2019 - 03:23

Question

Wife's H4 change of status application (I-539) and EAD (I-765) filed concurrently and in process. Can she travel outside country, get H4 visa stamping done and reapply separate EAD (I-765) again?

Answer

Watch the Video on this FAQ:

Traveling while H-4 and EAD is pending

 

Video Transcript

If you have H-4 change of status and EAD both pending and you travel, come back and reapply for the EAD. You cannot use the old request. But if you are already on H-4 and EAD is pending you can travel and come back. FAQ in detail...

 

 

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Issues Related to Tourist Visa/Business Visa (B-1-B-2) Extensions

Authored on: Tue, 07/30/2019 - 03:12

Question

My father recently renewed his B2 Tourist Visa - and was given the 10-YR Multiple entry visa. He is currently visiting USA and his current I 94 expires in end of May 2019. Due to some medical issues - we were contemplating about requesting a 2 to 3 months extension for his stay - if possible. Would you necessarily have to provide an evidence in the form of a return ticket (about 3 months hence from end of May 2019) - to prove that he indeed intends to go back

Answer

Watch the Video on this FAQ:

Issues related to tourist visa/business visa (B-1-B-2) extensions


Video Transcript

As far as I know they often do require a return ticket. FAQ in detail...

 

 

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H-1B Joining Another Employer while a Transfer, Extension or Amendment is Pending

Authored on: Mon, 06/24/2019 - 03:39

Question

Situation:
Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer
Question:<br>
1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?<br>
2. How long one can stay in US without job/payroll having H1B ?

Answer

FAQ: H-1B joining another employer while a transfer,

extension or amendment is pending

Video Transcript

1. The answer is yes. 

2. It depends. Normally 60 days grace period is available for unexpected cessation of employment. As long as your I-94 is valid. But let's say your I-94 is valid for only 45 days you will not get a 60 day grace period. You will get a 45 day grace period. More...

 

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Getting H-1B Extensions Based on of I-140 Approval of Spouse

Authored on: Tue, 03/26/2019 - 05:11

Question

My wife's I-140 was approved and I was also on her I-140. My non-profit employer also filed my PERM and is pending with USICS. If I have to switch employers before my I-140 approval and pending 180 days, I am assuming that my new employer would have to file my GC all over again. Given that I was on my wife's I-140, will I be eligible for H1 extensions after my 6yr period if I don't have my own I-140?
Also, can I change employers and my job roles once I have my I-140 approved and pending for 180 days?

Answer

Watch the Video on this FAQ: Getting H-1B extensions based on of I-140 approval of spouse

Video Transcript

The answer is Yes. If you leave before the I-140 is up, before the PERM is approved, you will not get anything out of that process. If you leave after I-140 approval you will still have to start your green card all over again, but you definitely carry with you, your priority date. On top of that you may also be able to carry in the right to extend H-1B with any employer as long as the I-140 was approved and stayed approved for 180 days. After that, even if it is revoked by the old employer your rights are not disturbed. More...


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What to do When the 240 Days H-1B Work Authorization is Expiring?

Authored on: Fri, 01/18/2019 - 08:18

Question

My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are :<br>

1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ?<br>
2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?

Answer

Watch the Video on this FAQ:

What to do when the 240 days H-1B work authorization is expiring?

Video Transcript

1. You can stay in the United States. You just cannot work. So while your timely H-1B extension is pending you are not illegal, even after 240 days. The only thing is you will not have work authorization. You can also ask for an expedite at that point of time. It is worth trying. Even if the premium processing is not available expedited processing is still available.

2. You don't have to re apply for the extension. The pending case would work. The only thing is since you left while the case was pending you would require to get a visa stamping and come back again. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Status of Off-site Placed STEM OPT Extension Students

Authored on: Thu, 05/31/2018 - 07:21

Question

USCIS now interprets the 24-month STEM OPT extension rule from 2016 to require a STEM OPT worker to be placed only at a worksite of the employer. In other words, the USCIS now says that any offsite placement, including at a third-party worksite, is prohibited. Will this affect the H1B petitions filed by employers for such opt students, where they are working at an end client location (not employer location) and the H1B petition was filed with end client details.

Answer

Watch the Video for this FAQ: Status of off-site placed STEM OPT extension students

Video Transcript

First of all to say that USCIS has changed its regulations and they do not allow off-site placements of STEM OPT extensions students is incorrect, because USCIS has said this from a very long time that they are not going to allow these placements. If you are in a situation, what can happen is you could be considered to be out of status for no fault of your own. So if you file an H-1B and if the government says well we think you're out of status hopefully that's all they can do, they can make you go outside the USA for a visa stamping. More...

 
 
 
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180 Rule for Priority Dates/H-1B Extension

Authored on: Thu, 03/29/2018 - 05:21

Question

I have quick question about the mystery behind 180 days staying with the Employer with whom my I-140 is approved. So my I-140 is been approved with priority date as Dec 2014 and the Notice date is Nov 2017. Do I have to wait for 180 days/ 6 Months from the Notice date of Nov 2017 so I will not loos the Priority date when I move with new employer?

Answer

Watch the Video on this FAQ: The 180 rule for priority dates/H-1B extension

Video Transcript

Beginning January 17th  forward, some of that goes backward too, as soon as your I-140 is approved the priority date is yours even if the employer revokes the I-140 the second day or the same day so the priority date becomes yours the moment the I-140 is approved. If the I-140 gets approved and stays approved for 180 days and the employer then sends a letter to revoke the I-140 on the 181st day not only do you keep your priority date, you also maintain the right to keep extending your H-1 and I believe your wife's H-4 EAD as well even if the old employer revokes your I-140. The 180 days is the time for which the I-140 should stay unrevoked. More...

 

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H-4 EAD Termination and Converting to H-1B

Authored on: Tue, 03/20/2018 - 02:42

Question

I was on H1 before completed all 6 years on it and converted to H4 and working on H4 EAD now. With latest court update, USCIS may decide to end H4 EAD program or stop new applications in next few months( we still do not know the final outcome). My EAD expires in November 2018 which leaves me no option of applying renewal before May 2018 ( 180 days clock). If this EAD goes away will I be able to file fresh H1 in April 2019 ? If in next couple of months, my spouse decides to switch Job based on his approved I-140 then my H4 will also need to transfer/extend. At the same time, will I able to extend my EAD at that time or I still have to wait to fall under 180 days expiry clock based on my current November 2018 EAD expiration date.

Answer

Watch the Video on this FAQ: H-4 EAD termination and converting to H-1B

Video Transcript

If you have already completed six years you cannot go back to H-1 unless you leave the United States for at least one year or unless you start a green card. Then you would be able to apply for an H-1 extension based upon either the first year anniversary of the filing or I-140 approval, whichever comes first you have to fall under the 180 days. A mere change in jobs doesn't allow you to reset the period for yourself.  More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Transferring H-1B While an RFE is Pending

Authored on: Tue, 01/23/2018 - 01:22

Question

I am working as a consultant for big client. My employer applied for my H1b extension and received an RFE, they have recently replied for my RFE and now waiting for the decision. Now my client offered me job and ready for transfer my H-1. My questions is : is it possible to transfer H-1 during RFE?

Answer

Watch the Video on this FAQ: Transferring H-1B while an RFE is pending

Video Transcript

Yes of course, but in a situation where your company applied for your extension, let's say six months ahead of time and in the second month they got a RFE, its pending now, but you still have four months on your original H-1 still left during that time you can transfer there is no question. But what if your status has expired and the extension is pending you can still transfer, but you may have to go outside for visa stamping if on the date your transfer is approved or extension is not already approved. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

H-4 EAD and H-1B Extensions Rules Change

Authored on: Mon, 01/22/2018 - 23:29

Question

1. I have completed 6.9 years on L1A and move to H4-EAD based on my wife’s approve I-140. Now H4 EAD may go away. What option do I have to stay here and continue working (even after gap of a few months if needed) or I need to go out of US for at least 1 year and come back? <br>

2. I have already completed my 6.9 years. Can company apply H1B for me in April 2018 and I can come back to US after spending 1 year outside. I believe H1B can be applied only 6 months prior to joining that job. But I can’t start working from Oct 1st as I already completed 7 years without pending GC labor/ I-140. In that case I can apply H1B only in April 2019 and start working from October 2019?

Answer

Watch the Video on this FAQ: H-4 EAD rules change and H-1B extensions rules change

Video Transcript

1. What you could try doing is have your green card started and you can use that to extend your H-1. 

2. The problem is you don't have any time left on your H-1 because you have taken 6.9 years of L-1A. I think you can only do this if you start a green card process. More Questions and Answers

 

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Does H-1B Extension Denial Invalidate an Existing H-1B?

Authored on: Mon, 12/04/2017 - 07:23

Question

1. My H1B is valid until 23-Aug'18. I am planning to submit visa extension request on Mar'18. let's assume if USCIS reject my extension request in Apr'18, then, in that case, can I stay till 23-Aug'18 as per initial approval or rejection will supersede and I have to level immediately (within 60 days of time from denial date)<br>
2. Does H-1B extension denial invalidate an existing H-1B?

Answer

Watch the Video on this FAQ: Does H-1B extension denial invalidate an existing H-1B?

Video Transcript

1.Yes. The previously approved extension does not go away. The only way that can go away is if the government separately issues a notice of intent to revoke, gives you notice and a chance to respond and then denies.

2. It does not. More...

 

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How Late Can a I-485 be Filed After Priority Dates Become Current

Authored on: Tue, 09/19/2017 - 01:32

Question

Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140.<br>
If a Candidate’s Priority Date is Current can the Candidate file I-485 after 4 years of the Priority Date being Current? Is it allowed without problems?
Is there any specific limitation on the timing of filing (like I-485 should be filed within a specific time period after the priority date becoming current)

Answer

Watch Video on this FAQ: Are there any time limits on how late an I-485 can be filed after the priority dates become current?

Video Transcript:

There is no law that requires you to file the I-485 right away, but there could be some issues about H-1 extensions. You will certainly not be able to get three year H-1 visa extensions. Of course, you can work on EAD. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

H-1B Visa Denied and Petition Sent for Revocation

Authored on: Wed, 09/13/2017 - 08:12

Question

I went to the US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
The new job was remote work, so I started working from home for Employer B. I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to the US with the approval notice as proof. My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019. <br>
Current Situation:<br>
Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started.
In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided.
After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process.
In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation.
This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary).
<br>1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?<br>
2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?<br>
3. What happens to my assets (personal stuff, bank accounts, etc) in US?<br>
4. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?

Answer

Watch Video on this  FAQ: What are the options of an H-1B visa denied and a petition sent for revocation?

Video Transcript

1. Not until a notice of intent to revoke is sent.

2. This case is going back to USCIS. 

3. You can always get the assets back. You can try getting a tourist visa that's one way to do it. Second is to send somebody a power of attorney. You can get together with lawyers of the state where your assets are and get a proper power of attorney made out in the name of a friend. They can take care of it for you.

4. I guess in India the answer is yes. But you don't have to pay taxes both in India, as usual, there is a relief available for people in your situation, but I am not a tax expert, you need to talk to a Chartered Accountant in India.  More...

 

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H-1B Visa Stamping in Canada or Mexico; Importance of I-94

Authored on: Tue, 09/05/2017 - 07:35

Question

I am currently working on H1B visa, My current visa stamping is via my previous employer (Employer A) and valid till September 2017 and my I-797 is via my current employer (Employer B) ,its valid till August 2018.
I have few queries regarding my new H1B visa stamping and I-94. <br>
1. Can I get my visa stamped in CANADA or any other country nearby to USA without revisiting INDIA.<br>

2. Am I eligible for drop box option for my new stamping as my current stamping is via my previous employer.
<br>
3. I can see also my I-94 expiring is September 2017. Do I need to reach out to USCIS to update it, in order to maintain my status.

Answer

Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

Video Transcript

1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

2. I don't know because I don't know the rules for the drop box. If you read the rules and you qualify for them, then the answer is yes.

3. I-94 is important. Once you are inside the USA your status is governed by the I-94. You could have a visa good till 2020 but if your I-94 is expiring tomorrow then you are going to be out of status day after tomorrow and unlawfully present. If your I-94 is expiring you got to get that extended whether it is through an H-1 extension or if you already have an approval and you can go outside with the visa for a visa stamping. H-1 and L-1 visas require a prior approval from USCIS. H-4 and L-2 visas do not. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Does H-4 Require a Prior USCIS Approval for Visa Stamping?

Authored on: Thu, 08/10/2017 - 04:43

Question

My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.

Answer

Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?

Video Transcription

You do not need to get an H-4 extension from USCIS when you have certain derivative visas like H-4 or L-2. Those visas are given based upon the approval of the H-1 holder and the L-1 holder. For the dropbox facility, you have to look at the local rules. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Effect of Revocation of PERM on an Already Approved H-1 Extension

Authored on: Wed, 07/12/2017 - 06:49

Question

On 10-Mar-2017 I completed my 5th year on H-1B visa. I changed my job and joined my current employer on 01-Feb-2017 (after receiving the H-1B receipt number) while my H1B petition was being processed at USCIS.In the meantime, my employer filed my GC PERM application on 01-Mar-2017 while my H1B was still in process at USCIS.I got a RFE on my H1B application and while responding to the RFE my employer requested for 2 years of H-1B visa instead of 1 year i.e. 1 year for the 6th year on H1B and another year extension as my PERM application was filed and pending.

Answer

Watch Video on this FAQ: Effect of revocation of PERM on an already approved H-1 extension

Video Transcript

Once they give you an H-1 extension, if later on the PERM is revoked, which was the basis for the extension they will not take away your H-1 extension. So, supposing the date I filed my H-1 and the date my application was decided, my PERM was the basis for my H-1 extension, once the extension is given the PERM goes away and I should be able to keep my H-1. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

Authored on: Fri, 04/21/2017 - 10:59

Question

I have my H-1 extension till 2020. I recently visited India and got visa stamped 2020 as well but while coming back as my passport validity was till Feb 2018 - I got the I94 till Feb 2018. How do I extend my I-94?

Answer

Watch the Video on this FAQ: H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

Video Transcript

Let's say you have an H-1 which was good until August and you came to the airport in January and they gave you a I-94 good only till June because your passport was expiring in June. In that case, you have two options. If your passport is renewed and your visa is still good you can go outside and come back using the approval notice and the visa on your passport. You should be given the entire time remaining given in your petition plus 10 days. 

The second option is if you still have time on the I-94 that was given to you at the airport you can apply for an extension while you are within the USA. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

How does H-1 60 day grace period work?

Authored on: Mon, 03/20/2017 - 09:31

Question

I am working on H-1B. The job will end in a few weeks. What are the implications of the "60 day grace period" rule that has been created recently?

Answer

Watch the Video on this FAQ: How does H-1 60 day grace period work?

Video Transcript:

The 60 day grace period is available to you for each H-1 episode whether it is an extension, amendment or a transfer. When they proposed the regulation, it was supposed to be one time 60 day grace period, but then government relented and made it available for each H-1 incident.

For some extraordinary reasons like, you got laid off without any notice and you found a job in the next 40-45 days you can apply for a transfer. You cannot start working until you have applied for the transfer, using the AC21 you can start working until the decision is made and if the decision is made and they give you concession then you can get your H-1 within USA.

Hence the 60 day period is available for each episode of H-1, two it is not automatic, you have to ask for it and three you can start working once you apply for the H-1.More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

The new regulations, withdrawal of I-140, H-1 extensions

Authored on: Tue, 02/28/2017 - 07:04

Question

I have an approved I-140 with priority date 2013 from employer A and my employer A is withdrawing it. I am going to apply I-140 with employer B now in regular processing and also porting the date. I will complete my 6 years of H-1 end of the year. Will I still be eligible for 3 years of H-1 extension with my approved I-140 from employer A?

Answer

Watch Video on this view FAQ: The new regulations, withdrawal of I-140, H-1 extensions

Video Transcript:

The moment your I-140 is approved the date is yours, the moment it stays unrevoked for 180 days your right to extend your H-1 with any employer remains safe even if the 1-I40 is revoked. But the caution that I was pointing out to be is sometimes USCIS can go back and revoke an already approved I-140. But they have raised the bar on that too. They will not be able to take away your rights merely because they made an error. The error has to be something I call error plus, basically which means there were some certain facts that were not in evidence when they approved the case. More 



Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.

Authored on: Thu, 02/23/2017 - 02:27

Question

My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>

1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018).<br>
Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?<br>

2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.<br>

3) If my PERM is not approved before my current H-1B visa expires.<br>
Would I need to go back to India?<br>

4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?

Answer

Watch Video on this FAQ: Extension of H-1 beyond six years, gap, in H-1, late in filing PERM, etc.


Video Transcript:

Under the current rules, there are two ways you can get H-1 extension beyond six years: one is based upon the time you're green card has been going on and the other one is based upon the stage you are at and we don't care what time the green card was started. Time-based and stage based. Time-based works like this. The day of the first anniversary of your perm filing is reached you are entitled to a one-year extension of your H-1 on a year to year basis. Stage-based green card, the day your I-140 is approved, you are entitled to three-year extensions. So those are the only two ways.  

What if you are late? What if you have only eight months left on your H-1 when your PERM is filed? 

Well, if there is a four-month gap or a two or three-month gap you would either have to convert to another status or leave the USA and then you come when you're one year time is matured or stage based green card is activated because you're I-140 is approved.

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.



Regarding H-1B Extensions

Authored on: Thu, 01/05/2017 - 01:48

Question

I heard your community conference call for 1st December, you mentioned that even though the approved I-140 is withdrawn by a previous employer after 180 days of approval we should still eligible for H1 extensions with a new employer.

My question here: is it required that new employer need to file labor and I-140 in order to apply for extensions or can I just keep on applying for H1B extensions based on my first I-140 approval?

Answer

You can keep applying for H-1B extensions based upon a valid I-140 approval from an old employer. The new employer does not have to file. But if you want to get a green card, some employer will have to restart the process.

Does H-4 EAD have to be applied again if H-1 changes jobs?

Authored on: Wed, 04/06/2016 - 02:04

Question

I am currently on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?

Answer

Watch Video: Does H-4 EAD have to be applied again if H-1 changes jobs?

Video Transcript: The answer is of course not. The only time you have to worry is if you fall out of status. As long as you are maintaining status every time you change jobs her H-4 and H-4 EAD is good until her H-4 and H-4 EAD is about to expire there is nothing else you got to do. She can continue working and she need not change H-4 every time you change H-1.

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Withdrawing one pending petition (H-4) when another is (F-1) approved

Authored on: Wed, 11/04/2015 - 04:31

Question

My H-4 to F-1 is approved on October 08 2015. My Spouse Employer filed H-4 extension for me which is currently in Process. We sent this H-4 withdraw letter and it has been reached USCIS (Vermont Service Center) on Oct 13th 2015. Could you please let us know approx when do USCIS withdraw this H-4 extension?. If by mistake USCIS approves this H-4 Extension, can we fight with USCIS to withdraw this H-4 extension?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/F0YZD8zWm88?t=72

FAQ Transcript:

Let's take an example of this, F-1 is approved, but H-4 extension is pending. Since you want to stay on F-1, you should write immediately to USCIS, put it in writing and make sure that you send it through something like Fed-ex or UPS or certified overnight mail, so that you can prove the delivery of the letter. That way once you have sent the letter of withdrawal out there is a very good argument that any subsequent approval of H-4 does not hurt your F-1, since you have already indicated an unambiguous intention and made a request to USCIS to revoke or withdraw an application which is currently pending but you don’t want to be acted upon.

The risk here is you got the F-1 already approved and don't want to be H-4 acted upon, because there is  something called  last action rule, which is really not a rule but merely a matter of common sense applied by the USCIS offer to the situation, that whatever status approved last would be your status. So you have F-1, H-4 going on same time, you got your F-1 approved. If your H-4 gets approved that means you are back on H-4. So at least  that is the conventional wisdom and there is some question about whether or not that is correct but nevertheless smart thing to do is if you already received  the approval that you want go ahead and revoke in writing what you don't want .  

Travel while H-1 extension pending – change in I-94 number

Authored on: Tue, 10/20/2015 - 08:19

Question

I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/ZvUVIGTM-Kk?t=1245

FAQ Transcript:

If you file for your H-1extension you are allowed to travel. You are allowed to travel even when your H-1 transfer is pending. A few things to keep in mind when you do - is are you maintaining status etc etc., but travel while transfer or extension of  H-1 is pending is allowed. The question is when you come back your I-94 changes and that is not a problem. That should not cause any delay and I don't see any need for any amendment. The fact that your H-1 is taking so long is most probably not related to this issue. But if you want you can double check with the USCIS customer service. I always advice that. 

H-4 visa extension approved. Can I travel now?

Authored on: Mon, 10/05/2015 - 08:01

Question

My H-4 visa extension has been approved, I mean the USCIS has sent me an approval notice with the I-94 record card. Now it clearly says, this is not a visa. What do I need to do in order to travel to India, do I have to go to a US consulate here, to get a visa stamped in my passport, because in order to travel through Europe we need a valid US Visa or travel through Dubai , which doesn't require any visa, and then get stamped in the US consulate while coming back? I am confused and do not know what is the next step after approval notice. By the way my spouse H-1B visa was also extended while in US by the Employer. But, my spouse hasn't gone out for visa stamping yet, will this effect my visa stamping?

Answer

When you travel abroad, in order to return to the USA, you must first obtain a visa stamp from a US consulate in (any) country that you are visiting. Check the consulate web site to make an appointment and what documents you should bring for H-4 visa stamping. H-1B visa stamp is usually not a precondition to H-4 visa. 

Simultaneous filing of H-1 amendment and extension

Authored on: Mon, 06/29/2015 - 08:33

Question

Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?

Answer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

FAQ Transcript: 

Filing for two benefits for eg: H-4 and F-2 or F-1 or even H-1 becomes problamatic when there is a change of status involved. So if you are applying for two different statuses at the same time that becomes problematic. If on the other hand your status is H-1 - the same status one is in the amendment mode, the other one is in the extension mode I don’t see it as a problem. Whether your amendment gets done first or your extension gets done later or the other way round I do not see how that makes a difference as long as your statuses is being maintained.  I do not see any problem with having simultaneous filing of H-1 amendment and extension. There is no question of the application of the last action rule really doesn’t matter. If the amendment comes before the extension or transfer comes before the extension it is your choice you can stick with the same employer and join the new employer later when the approval comes. Last action rule has little bearing on this. 

Regarding question four what the government has said is we will not do premium processing where you request an extension whether the extension is with the same employer or with a new employer. So extension cases will not be processed in premium processing until the government says otherwise.

H-1B Petition for Extension

Authored on: Tue, 10/01/2013 - 07:39

Question

When should my H-1B petition for an extension be filed?

Answer

An H-1B petition for extension may be submitted to USCIS no more than 6 months prior to the expiration of the current H-1B status.

B Visa Extensions

Authored on: Fri, 08/16/2013 - 03:34

Question

Q1.I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. How long can he stay here in US until the decision is made? Will his multiple Visa get rejected if his extension is denied?

Q2. What is recommended, he leaves immediately or waits until his extension decision comes?

Answer

A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions. Their concern is that a tourist visa is supposed to be for brief visits. Why are you going there and staying for a year, year and a half on tourist visa?

Also what happens is if you have stayed here too long and then when you want to come back again at the airport (even if you have a visa or visa is not an issue) you can have a problem because CBP (U.S. Customs and Border Protection) may not take too kindly to people who return back very quickly. They don’t want to see a situation where a person is living in USA and visiting their home country.

A2. If you don’t want to apply for his Green Card and he wants to leave to go to India I am not sure what is good but if he leaves early it might be easy to come back and also get further visas. This is a difficult decision to make.

H-1 Concurrent Employment

Authored on: Thu, 12/06/2012 - 01:40

Question

If I am applying for concurrent employment on H-1, can I extend my status based on my new employment, or can it only be for the time I am already approved for?

Answer

You can extend your time, assuming that you would be otherwise eligible for an extension of status.

PERM Audit & H1 extension beyond 6 yrs

Authored on: Mon, 01/30/2012 - 20:03

Question

My employer applied PERM (in 6th year) in October 2011 EB-2 Category and it picked for random audit in Jan 2012, employer asked me to send signed ETA form to respond to Audit question with in 2 weeks. They said its random computer audit and has to respond with paper documents. I am already in 6th yr and my H-1 get expired by May 22, 2012 is it possible to go for H-1 extension beyond 6th year while PERM is still in Audit status.

Answer

You will be eligible for H-1 extension beginning October 2012, even if PERM is pending audit or not.

H-1 transfer during pending extension

Authored on: Mon, 10/03/2011 - 23:23

Question

My H-1 extension with the current employer is applied and is pending. My current H1 expires on 25th. If I apply for a transfer to another employer after 25th Sept., then is it necessary to have approved both extension and transfer in order to work with new employer, because I file transfer after my expiration of current H1?

Answer

If, by the time your second H-1 is approved, the first H-1 is not, USCIS can approve the second H-1 only without an I-94.

H-1 Extension

Authored on: Tue, 01/11/2011 - 05:59

Question

I have filed for an Extension in the month of August'2010 as my Visa expires on Sep1'2010. I have not received anything yet. The Status is still in initial review. I have plans to go to India on Jan28. Should I convert to Premium now or shall I wait. My Case is with California?

Answer

Personally, I have seen no correlation between premium processing and increased RFE's.

H1B Extension beyond 6 years

Authored on: Mon, 06/28/2010 - 01:10

Question

I got my H1B in Feb 2005 however never entered the country for first 22 months as I did not get an opportunity to visit my company here in US. Eventually I came here in Jan 2007. When does my 6 year period start? Feb of 2005 or when I first entered the US in Jan 2007?

Answer

H-1 starts on the date you ENTER USA.

H1B extension for pending labor

Authored on: Fri, 11/06/2009 - 00:55

Question

My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time. Pls let me know.

Answer

I have responded on my blog: http://forums.immigration.com/blog.php?b=214