Hi,
I need help on below.
I filed H4 Extention and H4 EAD Extention on 12 july 2019, currently in pending status. (H4 - i94 expired on SEP 16 2019)
I filed H1B cap exempt application through my employer in Aug 2019 in premium. Got RFE. Responded to RFE. Got Approval. Received the I797B, with out I94.
Questions:
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Am i in legal status at the moment in USA?
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Is my H4 and H4 EAD application still valid and will the decision on my H4 by USCIS gets impacted due to my approved H1B (I797B)
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I have been told by my employer (who filed my H1B ) that i need to get back to India, for visa stamping using the H1B I797B.
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I do not know the reason why I94 is not present on my I797, i did not get right response from my employer if they have filed COS along with the CAP exempt H1 Filing. However when i looked at the Petition Application send by my employer i do not see the I539 in the documents.
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I can not go back to India at the moment for h1 visa stamping because of my new born baby. Can i now file any COS for the approved H1 Petition? If so how can i proceed?
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Can i ignore this H1 and wait for my H4 and H4 EAD decision to work (i assume my H1 (I797B) will not impact my H4 and H4 EAD approvals by USCIS)?
Thanks,
Rajani