Guestbook Entry for SREEDHAR TATAVARTHI , United States
Name
SREEDHAR TATAVARTHI
Country
United States
State
Texas
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Extension of EAD for H-4 and EAD for L-2
Question details
I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?
There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Impact on H-1B status of using advance parole
Question details
H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice)
I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.
a) Does the use of AP on returning mean the H-1B status is abandoned in this case?
b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?
c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?
FAQ Transcript
a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.
b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.
c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.
Note: Where transcribed from audio/video, 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.
STEM extension application is pending with USCIS due to a USCIS error in failing to withdraw H-1
Question details
I am in the initial OPT which expires on November 30th, 2021. My STEM Extension has been denied based on approved H1-b which is pending withdrawal at the Texas Service Center for the last 6 months. My current employer’s attorney raised the Ombudsman request a week ago and I’ve taken Ohio senator's help to submit inquiry two weeks ago but no response so far from the USCIS and also from online forums it seems it’ll take 30 days to get a response at least but I’m running out of my time. My employer is reapplying for my STEM OPT in two weeks again. Do I need to take any other steps to get this issue resolved?
FAQ Transcript
Firstly, talk with your DSO. Second thing is to talk to your congressman's office. Even though they are effective in my opinion they can take time. These are the only two steps that I can recommend in addition to what you have done.
Note: Where transcribed from audio/video, 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.
STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center
Question details
I am in the initial OPT which expires on November 30, 2021. My STEM extension has been denied based on an approved H-1B which has been pending for withdrawal at the Texas Service Center for the last five months. My current employer’s attorney raised the Ombudsman request on Oct 25, 2021 and I’ve taken a U.S. state senator's help to submit an inquiry on October 19, 2021. I have received no response so far from USCIS orthe online forums. It seems it will take 30 days to get a response at least from the Ombudsman and the case inquiry but I’m running out of time. My previous employer's attorney is not willing to join a call with a Tier -2 officer and they're not helpful at all. My current employer is re-applying for my STEM OPT extension on November 24, 2021 with all the evidence possible but it's already past 60 days. I can't get a new I-20 because my SEVIS record is closed and they're not sure I'll get a favorable discretionary decision because my H-1B is still approved.
I am hoping the USCIS officer would show some discretion but from past experience I am afraid they will not. I am not really sure what to do here. I might end with a financial loss. Please guide me with your suggestions.
FAQ Transcript
Note: Where transcribed from audio/video, 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.
It gives me great pleasure to share my experience with Mr.Khanna and his courteous staff pertaining to my H1B and Green card processing. A majority of the immigration community thinks of Immigration lawyers as notorious for not returning the calls, not communicating with their clients regarding the progress of the case and not filing the petitions properly, Mr.Khanna and his staff completely eliminates this notion.At Mr.Khanna's office the emphasis is more on the Customer Service. You think I am exaggerating, but I have spoken and corresponded with lot of his staff members regarding my Green Card and H1B petitions and their attitude, their professionalism, their respect towards the clients is so conspicuously similar that you almost think that you are talking to the same person. Mr.Khanna and his staff have successfully filed my H1B and Green Card and at every step they have contacted me via E-mail and by phone.It is very comforting to get to know the progress of your case at every step contrary to having been left out in the dark, which lot of other firms do. My 7th year H1B extension has been approved and I am at the I-140 stage in my GC. The bottom line is if you are not with Mr.Khanna THEN YOU DON'T KNOW WHAT YOU ARE MISSING. Albeit all the staff members are courteous and very professional, I would like to specifically thank Ms.Shivane Sharma, Ms.Ursual Jara-Elouaddane, Ms.Sirisha Durgam, Ms.Rena Waddel, Ms.Charu Bhagat, Ms.Suman Bhasin Keep up the good work Mr.Khanna and thank you for serving the immigration community.