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Rama Krishna Palagummi

Rama Palagummi’s Answers

66 total


  • Can H4 visa person travel from India after my(already in US) H1B is transferred to new company?

    I have resigned from Employer1 on 21-Nov and going to join the Employer2 on 01-Dec and H1B visa transfer to Employer2 is also approved. My Spouse and kid are having H4 visa with Employer 01 and they are planning to travel to US on 13-Dec. ...

    Rama’s Answer

    H-1B and H-4 visa stamps are not employer-specific even though the stamp has employer name in the annotation section. Your dependents should be able to travel with their current unexpired H-4 stamps. Just provide them with your new EMployer 2 H-1B approval notice copy and employment confirmation letter confirming your employment with employer 2.

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  • H1B visa stamping on 7th year with approved I-140 from previous employer

    I'm on my 7th year of H1B and have an approved I-140 through my previous employer. Not sure if they have revoked the approved 140. My current employer has not started the GC process yet. I'm planning to go to India and get H1B stamping (first time...

    Rama’s Answer

    Did you get the H-1B extension for 7th year base don I-140? If so, yes please bring your I-140 approval notice to the consulate. To obtain an H-1B extension beyind six years, proof of labor/I-140 filing and the same pending for 365 days will give you 1 year H-1B extensions and once the I-140 is approved, you get three year extensions. In order to avail this benefit, the H-1B petitioner need not be the labor/I-140 sponsoring employer. BTW, you should consider applying for a visa stamp in Canada assuming that you meet all other eligiblity requirements.

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  • Does to go abroad make L-1 status invalid?

    My husband and me are both outside of the US. He is on L-1; I am on L-2 status. I have a visa stamp until 2014. He does not have a visa stamp yet. But the NIV petition is not denied. I am told that "if someone has a nonimmigrant status, but no...

    Rama’s Answer

    Since you are a derivative beneficiary of your husband, your L-2 is dependent on his L-1. If he is not in the U.S. and is not employed currently by his L-1 employer, he is considered not to be maintaining L-1 status. If you try to enter the U.S. with your L-2 while he is not in L-1 status, 1) you are likely to face issues at the port of entry, if not 2) and you enter anyway, then you are essentially not considered to be maintaining the status - given the fact that the principal applicant is not in the U.S. maintaining L-1. Thus, I suggest that you consider entering the U.S. only if you husband secures a visa stamp and enters in L-1 visa status.

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  • My company has gone into liquidation. I had an L1 visa. Can I get another job before I accrue 180 days out of status?

    If I did this, would I be allowed to travel on vacation and business as usual?

    Rama’s Answer

    Not sure when was your last day of employment with the L-1 company. If you consider filing an H-1B change of status with an extension of stay request, it is highly likely that your lack of pay statements will become an issue and could result in denial. Instead, consider filing an H-1B (likely under premium processing) with an overseas notification request type, get the approval, get an H-1B visa stamp, and reenter U.S. using H-1B approval. In the interim, I suggest that you leave U.S. right away. As always, consider seeking advice of an attorney to go over your case more carefully.

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  • EAD application with L2 on extended I-94

    My wife's L2 and my L1 VISA expired last month end but we have got our petition approved for another two year along with new I-94. My wife want to apply for EAD now but she is going to India on 2 months vacation after 10 days from now. Before ret...

    Rama’s Answer

    Sarwa: Please note that I have had cases where applicant traveled while the EAD app was pending and the USCIS issued a query (RFE). There were other cases where we received approval. If the officer reviewing your wife's EAD app sees that she left the country, he or she may assume that she abandoned her app. But, I do not know the urgency of her having the EAD card, i.e. how soon after she returns to U.S. - she wants this card. It is currently taking at least 100 days to get the card.

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  • H1B extension after 6 year (Getting Fired or Switch..)

    I am currently on H1B and with my current employer I have spend 5 years (5 yr on US soil). I have an approved PERM and I140. Cannot file I485 due to PD not being current. Now substantial assets of the current company are acquired by another corp. ...

    Rama’s Answer

    Q1 in your post pertains to the complex issue of corporate restructuring. Depending on the type and scope of corporate restructuring, the new entity that took over the assets of the H-1B sponsoring-company will be able to petition for H-1B extension by including pertinent corporate documents. Regarding Q2: if you lose your employment with your current employer that sponsored your I-140, and if you are able to find another employer willing to sponsor your H-1B, yes you can still use the approved I-140 to request a 3-year H-1B. Do note that you will have to start the GC process all over again but the new GC-sponsoring employer should be able to request retention of your earlier priority date at the time of filing new I-140 thereby putting you back in immigrant visa numbers line where you originally belonged. Please consider seeking advice from an immigration attorney to get a complete understanding of all issues and consequences. Good luck!

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  • H1B to H4 to H1B

    Hi, I had my H1B visa which expired on Jul 2008. Currently I am in US on H4. If I find a new employer, do I need to file new petition for H1 B or can a COS to H1 would be fine? If so, what would be the process?

    Rama’s Answer

    If you are currently in valid H-4 status in the U.S. and assuming that your H-1B spouse is also maintaining valid H-1B status, yes, you may apply for an H-4 to H-1B change of status while being in the U.S. You should not be subject to H-1B cap due to the fact that you have had an H-1B approval in the past six years. Please consider seeking advice from an immigration attorney to get a complete understanding of all issues and consequences. Good luck!

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  • Can i apply for H4 to H1 visa staying in India?

    I am getting married in February and my fiance is on H1 visa. So post marriage i will get H4 visa. Do i have to travel to US to get mt H4 status changed to H1 or can i apply for this status change staying here in India?

    Rama’s Answer

    If you are intending to work in the U.S., why not find an employer who has a position open for your background, have the H-1B filed, get the approval notice, and apply for an H-1B visa stamp while you are outside the U.S.? Your facts are limited to better understand the issue. I am not sure if you meant that you want an H-4 in India or U.S. or H-1B.

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  • How to get a SSN for my children (6 and 5) under a L2 visa status?

    For tax purposes we wanted with my wife to apply for a SSN for our kids who are 6 and 5. We were told by the SSA that the kids need to have an EAD to get their SSN and sent us to the USCIS. But at the USCIS when I got the instruction to apply it ...

    Rama’s Answer

    This response comes a bit late for you but nonetheless I am providing one. Only an L-2 spouse is authorized to work lawfully in the U.S. while his/her L-1 spouse maintains the L- 1 status. L-2 children are not eligible to work under that visa status. Therefore, I cannot think of a way how SSA will issue SSN's for your children. Talk to your CPA and see if they can get a TIN for tax filing purposes. I am not quite sure how that works. Good luck.

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  • Late extension filing

    My company inadvertently sent my L1 extension petition to the wrong processing center.It was returned by USCIS with instructions to refile.My company immediately refiled with an explanation of the error and requested nunc pro tunc.At this point my...

    Rama’s Answer

    Sorry to hear that the error resulted in your visa status expiration. To answer your question if USCIS will approve your case or not, it depends on whether the USCIS Adjudicating Officer reviewing your case uses his or her discretion to make a favorable decision; it depends on how well the facts are presented in the second filing; and it also depends on whether the second filing requested an approval with a retroactive effect. Good luck!

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