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About Bajinga

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  • Member # 315263
  • Location San Francisco, CA, USA

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    San Francisco
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  • Immigration Status
    Adjustment of Status (approved)
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    National Benefits Center
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    San Francisco CA
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  1. I think the best course for OP would be to leave soon before the decision is made on the I-539. that avoids accruing any unlawful presence and consular processing can be done for a potential H1b application in the future. COS in this case does not seem like a good choice.
  2. that is not correct. Although circumstances seem questionable with high chance of denial, actual approval probably would not matter either as it will likely come after OP would have already accrued unlawful presence. OP was allowed to file a COS until the H1B grace period ends. Filing a I-539 provides period of authorized stay till the decision is made.
  3. my understanding is that the receipt notice is usually immediate and does puts OP under the period of authorized stay. the actual decision on the application takes a while
  4. the actual decision (approval or denial) will take many months, sometimes over a year. you will probably need to leave before it is approved to avoid accruing lawful presence. you mentioned having consulted a lawyer, I assume he already advised you of the risks. I hope you have a valid reason for COS and provided enough evidence as you already being in the H1 grace period might make it look like a desperate attempt to stay in the US, there will be scrutiny.
  5. yah, you are under the period of authorized stay till the decision is made. keep the receipt with you in case you need to travel within the US.
  6. if you applied online, the receipt might already be under the documents tab so check their first. for I-539 that should be the final step, unless they send a RFE. what status are you changing to?
  7. if she already admitted to working on a previous visit, chances of her being admitted the next time on a tourist visa are very very slim. I am actually surprised they only reduced her visit the last time. that is highly unusual, the usual outcome under such scenarios is that the tourist visa will be cancelled, person will not be admitted and sent home on the next flight.
  8. CR-1 process by itself does not provide any visiting privileges. But if your spouse already has a tourist visa they can legally visit during the process, every visit will be at the discretion of the CBP officer so be prepared to show strong ties to the home country.
  9. neither of these visas directly lead to a green card. for acquiring a green card the employer will need to file for EB2/EB3 which is a completely separate process and the time period does not vary based on the existing visa if applicable. time will mostly vary by the nationality for the priority date to become current. L1 has less stringent requirements and only applies to intra company transfers. in general H1B has some benefits over L1B, but H1B is harder to get. Also if the quota applies to the employer, the application will need to go through H1b lottery April next year the earliest so luck will be a big factor and it will take a while.
  10. send exactly what the RFE asks for, do not add any information that is not relevant to the RFE.
  11. she should confirm that with the employers immigration Lawyers, they will know.
  12. correct, Universities and related nonprofit entities, nonprofit research organizations and government research organizations are cap exempt. OP if the employer is any of those my above comment might not apply
  13. Note that H1B is a lottery system, Since the H1B cap has already been reached for 2022, the soonest the employer can enter her into the lottery in April 2023.
  14. quoting from USCIS doc https://www.uscis.gov/sites/default/files/document/foia/Nonimmigrant_Services.pdf "What if I file on time for an extension, but I leave the U.S. before USCIS makes a decision on my application? If you leave the U.S. before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your last visit." the document does indicate on the first page that some information might not be current. So take it as you would. I know someone with a similar case who filed I-539 during covid, stayed 10 months and left before the decision was made, she was able to come back visit without a new B-2.
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