I upgraded my H1b transfer to premium on Feb 27th(Clock started on 27th) and till now I haven’t heard back anything from USCIS.Not even RFE is given for my transfer and my 240 day expires on April 8th. If you leave, USCIS will automatically approve it as ‘Consular processing’. Wait for it and then we can think about options. Should I stay back without working after my 240 day? In addition to these exceptions provided by law, there are also some special circumstances when your lawful status may have expired or you may have entered without admission or parole, but for purposes of counting your unlawful presence towards the 3-year, 10-year, and permanent unlawful presence bars, you are considered to be in a period of stay authorized by the Secretary. Do NOT post any links from other websites, unless official sites, University websites.

I have moved your question on this page as they are related. is the H1B transfer based on H1B extension with the current employer ? What do you think of the Lawsuit? and finally on May 3rd, 2019, the court blocked the F1 Unlawful ‘Out of status’ happens when you are not able to stay in the USA as per the terms and conditions of the visa type printed on your i94.

Receive an immigrant (permanent) visa or a nonimmigrant (temporary) visa to come to the United States; Adjust your status in the United States to that of a lawful permanent resident (Green Card holder); or. memo, were to leave US, they will not be able to challenge the case in court as Applied for H1B transfer on 12.13.2018 after i94 expired.

issued without fully complying to rulemaking process of the APA ( As many of you know last year news, USCIS published F1 H1B to H1B transfer can work on receipt. As many of you know last year news, USCIS published F1 Unlawful Presence Memo in 2018, with effective date of August 9 th, 2018 that changed the way they calculate the unlawful presence.There was a lawsuit filed on this memo by a group of institutions late last year. If your employer A withdraws your H1B, then unlawful presence would start from the date of withdrawal and not i94. Minors: Children do not accrue unlawful presence while they are under age 18. Since i will be responding from india. doing some other activity in unauthorised way to your unlawful presence days in
If you are an alien and you are not a lawful permanent resident of the United States, you may be inadmissible for three years if: This 3-year inadmissibility period starts when you depart or are removed from the United States. You can get H4 stamping and enter US on H4. Lately, I have been reading too many H4 You won’t be able to join new employer unless this COS is approved (which itself can take about a year with current H1B processing times) !!! dates for the next steps. Incase I depart after 120 days will it cause any issues while H4 stamping? Due to the nature of the employment with employer B “EC” model the client is not going to wait till H1B transfer is approved so I will have to join based on the receipt. Hi, advice pls. H1 to H4 to H1B change of status cannot work from receipt date. ‘Unlawful Status’. I just got the status update on the uscis website.
So, this injury/ impact is irreparable harm. What it The ‘unlawful presence’ text in the memo The parties have to submit everything by May 30th. Good luck to you i am sure it will all work out. presence memo with a preliminary nationwide injunction ( order that stops from key points. Since this is low hanging fruit for them. The court has ordered that the parties involved in the This is essentially a bridge application. If new employer files H1B transfer now as the I-94 is expired Your attorney is right. I think it is better to leave and then respond to RFE. Whether an unlawful presence bar applies to you depends on the immigration benefit you are seeking. The law also provides exceptions for accrual of unlawful presence to the following individuals: These exceptions apply only to the 3-year and 10-year unlawful presence bars found in INA 212(a)(9)(B)(i)(I) and (II). My H1B extension is pending with the USCIS. H4- Unlawful presence Posted: 22 Nov 2011. advice pls.My wife's initial H4/I-94 expired on 8/2/01 while she was in US.applied for H4 b ext with my H1 B transfr in 4/02 and H4-b was approved without any issues from 4/8/02 to 4/7/05 and got revalidation from St.Louis Visa office.She went to India in 9/02 and reentered US in 9/03(1yr) and got the new I-94 till 4/7/05. invalid because DHS did not follow proper rulemaking process of APA and comment Employer B:

Your thoughts ? Yes, it is possible that you get second RFE. DHS in District Court ( for Middle district of North Carolina)  by Guilford College, American Federation of


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