Extension

When used in relation to immigration, this is another name for extending your status.

STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center

2 years ago By Chief Editor

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.

STEM extension application is pending with USCIS due to a USCIS error in failing to withdraw H-1

2 years ago By Chief Editor

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.

Impact on H-1B status of using advance parole

2 years ago By Chief Editor

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.

Extension of EAD for H-4 and EAD for L-2

2 years ago By Chief Editor

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

Successful response to a physicians' H-1B extension RFE

2 years ago By Chief Editor

We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status.

Nonimmigrant Visas

Profession/Occupation

Physicians

Immigration Law

H-1B extension and change in employer filed while out of status

2 years ago By Chief Editor

We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied.

Nonimmigrant Visas

Immigration Law

Successful lawsuit for H-1B extension of stay

2 years ago By Chief Editor

We filed an H-1B extension petition for a software consulting and professional services firm on behalf of a software architect requesting status and work authorization for a duration of three years. The extension was, however, approved for a duration much shorter than requested and the approval notice was both dated and received after the shorter validity period had already expired, thereby destroying the legal status of the employee and causing him to accrue unlawful presence.

Nonimmigrant Visas

Immigration.com

About Us

Successful lawsuit for H-1B extension of stay

2 years ago By Chief Editor

We filed an H-1B extension petition for a small software company that offers customer software and technology solutions to the local clientele. USCIS approved the classification portion of the petition, but denied the portion of the petition requesting an extension of stay. USCIS stated that beneficiary had failed to maintain his nonimmigrant status because his H-1B status had expired prior to the filing of the H-1B extension petition and he was only in an authorized period of stay because of a pending extension request from the previous employer.

Nonimmigrant Visas

Immigration.com

About Us

Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once

2 years ago By Chief Editor

Question details

What are the consequences if we extend parents visitor's visa's stay for more than 1 time? Will it be a problem when they come back to US again? Is the minimum time to come back again still 6 months?

FAQ Transcript

The first consequence is coming too frequently. So, then stay away for one year. The second is you have to keep daisy-chaining your extensions. Three if you leave without an extension result, it's okay as long as you're leaving within the time that you asked for and lastly, if the extension is denied you may have to apply for a new tourist visa. More...

H-1B Extension beyond 6 Years; Stay Outside One year; Remainder Option

2 years ago By Chief Editor

Question details

I stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.
I got my visa stamped in April 2021 with a validity till 2023.Because of new location & salary mismatch, I had to file the amendment and this time I got the approval for next 9 months only till March 2022.
On further enquiry with my employer's immigration team, I came to know that USCIS has used the remaining 9 months on the first H1B. My queries are:
1. Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
2. Will my new visa be applicable once I spend 9 months of time in US?
3. Is there a way I can opt to take approval duration on the current visa only?

FAQ Transcript

The USCIS had made a mistake and they should give you the entire six years. So your H-1 should be approved for three years and not for nine months. Your lawyer should reach out to them and say you are entitled to the three years.

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