H1B, H4 Visa

I have a valid H1b through Apr 2022 with employer A. Since the time I am working with them employer have not paid me as per the LCA. I am being paid 15% less than the approved LCA wage. Also, my last paycheck I have is that for October.
Now, I have an offer from employer B. Attorneys for H1B wants to file for Extension of stay change of employer. I researched and requested to file for Consular processing as I am definitely out of status. But the attorneys say they will file for EOS. I am worried if this might trigger an RFE. In case of RFE, I think they might file for consular processing. Does this approach jeopardize my approval chances? In case the consular processing is requested only as a response of RFE (maintenance of status) will USCIS not see the blatant violation of status?
PS : I have a valid visa stamp and hence would not need another interview if I have to travel.

In DS 160, for "Have you attended any educational institutions at a secondary level or above?", how would I mention my current US school details, which is in progress?

Is it okay if I pay visa appointment fees without submitting DS 160?

Hi,

I had my H1B Visa maxed out on Jul 23, 2020. My PERM application was in process, so couldn't extend my H1B Visa further (PERM was filed in the 6th year.) Hence, applied for H4 COS based of my spouse's I797, which is still pending (haven't received the Biometrics appointment yet.) Meanwhile, PERM got approved, and subsequently I140 was applied and got approved.

My attorney filed for H1B extension, and requested it to be approved considering the pandemic situation. We knew there was a chance of USCIS requesting for evidence, since my H4 was still pending, and I'm not on a valid visa at the time of H1B filing. And as we feared, my application was set to RFE status today.

Did anyone encounter such a situation? Any suggestions of what we should reply to USCIS would be really helpful.

My attorney mentioned of 2 options,
1. is to wait for H4 approval. Considering the RFE is due in March 2021, if H4 gets approved by then, they can reply with the approved H4 for a COS to H1B.
2. Reply to USCIS now, requesting to approve the petition with consular processing.

In either case, there is not definite timeline, as H4 processing times have gotten longer. And, with the 2nd option, it is even more unclear as to when the consulates will begin regular processing, so that might be delayed further. I'm trying to figure out any other possible options which can get me to work earlier.

Thanks !!

Hi guys,

I have few questions, it would be great help if you can fill in...

My H1B got expired in Aug 2020 and got ext. approved for next 3 years from Aug 2020-23 and passport will be expiring in Mar 2023. Considering this i'm planning to travel to India early next year during which i will have to get stamp.

Q1: Will it be problem for stamping, as my passport will be expiring like 5 months of visa expiry?
Q2: If so any suggestion what will be steps? Like do i have to apply for passport renewal first?
Q3: Am i eligible for dropbox? Can i fill DS-160 now and take appointment? i see date are available for March....

Thanks in advance!!!

Nov 17, 2020 - case submitted for change of employer
Premium processing
Nov 18 - receipt notice emailed

No updates yet.

How long does California premium processing take? Please post reply

PS: My friend's change of employer got approved in 5days in a different service center.

Applied for an H1 and H4 extension in May 2020 (before i 94 expiry) and H1-Extension got approved in August-2020. H4 Application got rejected two times in June due to missing information in the form, before 3 days of her I-94 expiration. Attorney has filed again in July with the previous rejection document and informed that the time gap between June and July does not come as out of status.

Question1: There is a gap of 20 days between the i-94 expiration and the new filing reached to USCIS, are these 20 days considered unlawful presence? if yes, is there a way to mitigate it?

Question 2: Since we have an application pending at USCIS now, how long can she stay here? Is there a 180 or 240 days rule which applies to this situation?

HI,

I have a dropbox appointment for H1B stamping in New Delhi India on Nov 20. I am still in US, and still not decide whether to travel to India right now or not.

In case I am called for an in-person appointment or get 221(g), what is the process then? Do I need to book another appointment? If yes, do I need to wait for a regular visa appointment to open?

Has anyone gotten stuck because of Dropbox?

Me(H1) and my wife(H4) had our my dropbox appointment on October-23-2020.
Appointment@Consulate: Chennai
Dropbox location: Bangalore

My situation before visa stamping was as below:
H1B visa expired in March 2020. I had an approved I-797(approved in January 2020), valid until March 2023.
I was in the US during the PP 10052.(June, July 2020)
I work in the same position with the same employer.
I was able to make dropbox appointment in last week of September and travelled from USA to India in October 2020.

Timeline:
23rs October 2020 - H1B, H4 documents submitted at Bangalore VAC
(Mandatory Documents - Passports, DS-160, Appointment confirmation letter, Photograph, New I-797 and previous I-797 of H1B holder)
I was asked if I had a Position Confirmation Letter with me. Since I did not have the letter, I asked if I could submit the letter later. The document is NOT MADATORY, but, good to have and it is possible to submit the letter anytime on the day of appointment OR we have to re-schedule the appointment if we cannot produce any of the documents on same day.
Since it was difficult to arrange the document on same day and I did not want to reschedule the appointment to a later date, I submitted the Mandatory documents and requested them to go ahead with the processing.
28th October 2020 - Case created
4th November 2020 - Issued
5th November 2020 - Passport ready for pickup at Bangalore VAC

October 26th and 30th were holidays for the US consulate. So, from the date of case creation to visa approval, it took 5 working days, not counting the days for passport in transit from Bangalore to Chennai and vice-versa.

My visa is annotated - "Excepted from or Not Subject to PP 10052"

Please find below, information on different annotation on the visa and 30 day rule to return to USA(Email response received from Chennai consulate to my query regarding the annotation on my visa):

Dear Applicant
 
Hello, thank you for your inquiry.
 
Some applicants who are subject to one of the recent Presidential Proclamations, but have been granted an exception, are required to travel to the United States within 30 days of visa issuance. Please follow the subsequent guidance to determine whether or not this applies to you:
 
If your visa is annotated "NIE under P.P. on Novel Coronavirus," you must enter the U.S. within 30 days of visa issuance. If your travel will take place 30 days or more after the issuance of the visa, please respond to this message with a photo of your visa along with the planned date of travel. An interview will generally not be required, but may be requested if necessary.
 
If your visa is annotated "NIE under P.P. on Risk to Labor Market," "Excepted from or Not Subject to PP 10052," or there is no annotation in your visa, this regulation does not apply to you, and you may travel at a time that is convenient.
  
Please note that upon entering the United States, the Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay.
  
Regards,
Consular Information Unit
U.S. Consulate General
220, Anna Salai
Chennai 600 006
India
https://in.usembassy.gov/embassy-consulates/chennai/

https://www.immihelp.com/experiences/post/H1B-Client-Letter-448795/

My case was return to USCIS for additional review in March 2020 as client did not provide client letter .

March 2020 : the Department of State sent us your case. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice.

Since then checking status on USCIS website but there is no change (8 months).
Is there a way to follow up with USCIS? email or phone or something ?

Dropbox in Hyd - Oct 26th 2020
Status - Application Received Oct 27th 2020
Status - Admin Processing updated on Nov 5th

When I dropped my documents they said I’d be getting my passport back as early as 3 days. But it took almost 10 days even for a status update and it turned out to be Admin Processing. Is anyone experiencing similar delays?

Also the last time I had interview in Hyd (1st one for H1B) I was given 221g white form and Visa officer assured me that it’s just a formal background check one and wouldn’t take more than a week. As said I got my passport back in a week. But this time I’m not sure how long is it going to take as it suggests it might take several weeks in status update. Does anyone have similar experience with delayed status updates in the recent Covid-19 times and how long is it taking for an Admin Processing?

Ps: The company I work (full time) had a brand integration in 2017 after my petition was accepted. So the two I-797s have different petitioner names even though it’s a same company and same work location