arken

There is no tricky spot or concern for your i539. If you leave today, you will not have overstayed. While future h1b visa is not a guarantee but at least you won't have an overstay in your record. Keep the evidences of your departure like boarding passes or passport stamps at the destination country. You can withdraw your B2 COS anytime from abroad. Nobody is touching your B2 COS for another 6 months or more. Whether you apply for withdrawal today or a week/month from now, it's the same thing. It's best to apply for withdrawal after you have left with the evidences of departure so they don't send you an NTA. Focus on leaving today not to close the door or future non immigrant travel or stay. Have your employer file the H1B with consular processing and not a COS in the US.

1. As long as you have uploaded a document or communicated with NVC in last few months, that expiration has no meaning. 2. No is the correct answer.

Not sure why they were petitioned so late and not with their mother. Not possible. In any case as said, they can only gain US citizenship once they enter the US with their immigrant visas and reside with her. You can apply for their passports directly or file for their N600.

For applications filed before Sep 30th.

In general, the CO keeps the passport during OP. In case of extended AP, you can request your passport back. Once you travel to the US on AP, you are no longer on H1B status. You can continue working for your employer though. If you withdraw your visa application it will very likely be considered withdrawn more than rejection.

The B2 cos receipt notice does give you an authorized stay while it is being processed. It does not give you any status though unless it's approved. However it is taking more than a year to process it and the maximum it will allow you to stay is 6 months. You have to leave the US regardless within 6 months while it's pending. If you stay beyond 6 months and you get the approval for 6 months, any stays beyond 6 months will be considered overstay. If your B2 is denied and you are still in the US, the entire stay from Sep 11 will be considered overstay. If your employer files for H1B transfer while B2 cos is pending, your B2 has to be approved first before your h1b can be approved because you won't have any status to change it back to H1b when it's filed. You can't work for your new employer when H1B transfer is filed unlike usual H1B transfer where one can start work while it is processed. You don't have a valid status for H1B transfer while b2 is pending so you cannot work.

Or perhaps people need to start reading the instructions carefully and not go through random websites. The i864 instructions clearly says - If filing with uscis, send it to uscis. If filing with state department, refer to state department (it could be NVC or Consulate) One form, one instructions, same supporting documents. You are adjusting status here, send it to uscis, don't send it for a visa interview. You will be going through a visa interview, send it to NVC or the Consulate, don't send it to the uscis. What's the confusion. It's like boarding pass at an airport terminal. You have a boarding pass to go to Miami but you see lots of gates with flights going to lots of cities. Don't be confused. Just go to the gate and the flight listed on your boarding pass. Don't think they are making it complex so one never gets to a plane. Same concept. Unless some names or addresses are longer than what the form allows, there is absolutely no reason to type anything or handwrite on any areas where it doesn't allow. Lots are areas are auto filled per other information filled out in previous pages. Download the form and open using the adobe reader. Don't fill it on a webpage.

You could have yourself gotten the case number easily from NVC through a simple email (or a call precovid). Nothing. In around 4-5 years NVC will email you to start the visa application process. Till then, nothing. They are currently processing the ones with PD of early 2007.

Not exactly sure on H1b, it shows around 3 months for student visas. I'd still expect at least 2 months. Interview waiver is a possibility which will reduce the overall time for sure. What do you mean you don't have an expiry date on i94. Unlike the student status, any h1b should have the expiry date on i94 whether it's through CBP or through Uscis within the US. What's there on your i94 exactly? You could technically apply online for COS to B2 that will allow you to stay in the US while it's processed. With up to 1 year or more of processing time for B2, it will very likely be denied at that time. You new H1b cannot be approved until B2 is approved. So you will likely accrue months of unlawful presence through that way. At this hour, leaving the US asap is the only choice. How long it takes for visa interview or how long it takes for your employer to file lca then h1b are secondary things atm.

Just fill them out (name, DOB , address) whatever is requested of ex spouses on the forms. No need to provide any proof. Provide divorce decree or marriage termination documents. That's it. Then forget about ex spouses and front load for the current spouse. Edit: For the interview, no proofs or any documents needed except the divorce documents.

May be, if i were you, i'd leave the US by tomorrow.

Simple counting. Just count 60 days after July 12. That'll be Sep 10. Any day you spend in the US beyond Sep 10 will be considered overstay.

Provide the death certificates of his first two wives.

You want the complication or direct denial with no chance of change of status or transfer after being out of status. Two choices but only 1 smart path. 1. Leave the US before Saturday. You wouldn't be out of status. Your employer will file for H1B and you will appear for the visa interview. The complication of visa stamping is natural. 2. Stay in the US beyond Saturday and then go out of status. Any H1b extensions or transfer or change of status will ultimately be denied. You then have to leave US regardless after accumulating bunch of overstays. This may prevent any non immigrant visas down the road.

Note that sometimes it's best not to poke the bear and let them take as many years as possible so that the derivative kids can immigrate together even if they are way over 21. Anyway, you can ask about it through https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

Just pay online and close the case. No need to bring any documentation to the oath. You are not cited for any violation, your car is and you got the citation just because you happen to be the owner. In other words, you have not been cited for violating the traffic rules.

If she plans to take a break for few months and then start a good paying job again, it will be fine. She is not required to maintain the current job but she or you need to have a good income (preferably backed up by several current paystubs) at the time of the interview. The only risk is if the AOS interview occurs while both of you are unemployed. In that case you'll need a joint sponsor. Any one who has an approved or pending immigrant petition can file for AOS or concurrently file as long as their PD is current. It doesn't need to be a spouse of a USC or an LPR.

Looks good.

There is a reason they have his a GC. Use that along with the DR passport to fly back to the US.

Yeah OP thought the 18 months extension started from 12/17/2020 when in fact it started from the GC expiry date and so had already expired by that time. He was still saying the extension was valid when he started this post. To the OP: You started the post giving wrong info just to have everyone blame the airlines and just to make unnecessary calls to different parties when the airlines was correct in denying the boarding. Make sure you provide the correct info and follow what you've been advised based on your latest info (hopefully those are correct info).

So now the question is if your extension letter is still valid? What does it say? If it's already expired, no matter where you try to enter the US from, you will face the same issues.

Seconding to the opinions above, another hint is that OP asked about DS-260 that immigrant visa applications like F-1 submit. Student (F-1) visa applications submit DS-160.

It's a good idea to include a copy of h1b extension receipt notice as well just to show that you are not staying unlawfully at present. As a spouse of a USC, it doesn't matter even if you were staying unlawfully but why not provide something you already have. As for copies, a plain b&w print will do.

The father is the principle immigrant on one i864 and subsequent i864a. The mother is the principle immigrant on another i864 and subsequent i864a. This section isn't applicable here. Nobody is a derivative immigrant here. So leave this section out. As i already said, the father and the mother are both principle immigrants based on their separate i130s and so need separate i864/i864a.

If his current income is much higher than the poverty guidelines, no need of the joint sponsor.