Sinead91

How do you know they reused your biometrics?

What is the basis of your adjustment of status? Marriage to USC? When did you file? The benefit of filing for STEM OPT is that you can expedite the i765 now ($1,500), so you can continue to work.

Thanks, that's a good learning point. I'm not familiar with G visas so wasn't able to find the relevant info, but looks like you have your answer. As for your PD for your i140, let us know what your counsel advises you of. These are rare cases and from others I've seen online, no one comes back to update on how it proceeds. good luck!

Following for info. I also have questions, why do you think you need to leave your H-1B status? Your status is not dependent on your spouse's employment, so I do not think that you would need to move to a G4 dependent status, and cannot find anything that states otherwise but would be curious to see what an attorney would say. What was the basis for your i140? EB2? PERM? It could be straightforward but there seems to be a few moving parts with the H-1B, i140 and a G1/G4.

If you find a new employer they would need to file a new H1B for you. You can only change employer / extend an H1B when you are in H1B status, which you are not currently.

I do not think it is likely that your expedite case will be approved, but it's not impossible. All you can do is try, but I would not be hopeful. With the current backlogs at USCIS, expedite requests just add more paperwork. If you can fill out your timeline here on visa journey and list also the country of the beneficiary it might give us a better indication. When did you file? What stage is your K1 at? I wish you the best in your K1 journey and thank you for your service.

The F-1 stamp is still valid and you can travel on it, but it certainly isn't intended for being abroad for 6 months. I say what I said above because it happened to a handful of candidates I have seen over the years, from red flag countries especially, where they have left the U.S. on STEM OPT, and stayed outside the US for an extended period of time and tried to return on their F-1 stamps. They were denied entry at the border because they are no longer students, therefore entry on the F-1 was denied. Similarly, the EAD card, where they have STEM OPT, is likely not authorized for re-entry. It would be risky, and I have a hard time imagining that border patrol will authorize entry.

This is a messy one. because you graduated, you are no longer eligible for F1 status. While your stamp / F-1 visa may mot have expired, you are no longer a student (that is what I have seen where I work. We are a cap exempt employer) and your STEM OPT is pretty much done now, again, since you left the U.S. Your new H-1B sponsor should have filed for a change of status for you and you should have stayed in the US, the petition could have been expedited for $2500 and you’d be ok. unfortunately, your job is not protected in the U.S. and I do hope that your employer continues to wait for you to return. Working abroad for a US company is a big issue and there are a lot of international laws and tax rules there so I am not surprised they pulled the plug on that. right now you (again, my opinion, and what I’ve seen) need to patiently wait for your H1B stamp before returning to the US.

Hi! This might be more for the K1 forum rather than work forum. What stage was your K1 at? Do you have the receipt number so that you can check? If it has already been approved, and is waiting for an interview at the embassy in the Philippines, then you can leave it expire there and no further action is required. Have you already received your DS2019 and stamp for your J-1?

Hi, your employer can file the H4 along with your H1B application. For expedite, depending on the employer, they may not cover the cost. The cost is currently $2,500 for an expedited adjudication (not guaranteed approval). The expedite request can be sent with the initial petition or afterwards, depending on when your start date is and how urgent it is for the employer.

I haven't received my biometrics appt yet either. Not concerned!! I also travelled out of the country in April and had no issues.