Elise Laine Perkul’s Answers

Elise Laine Perkul

New York Immigration Attorney.

Contributor Level 4
  1. I m currently on f1visa and my company is applied for COS from F1-H1B.i am travleing to india,If h1 gets denied, can i com on F1

    Answered about 2 years ago.

    1. Elise Laine Perkul
    2. Deborah Lynne Karapetian
    3. David N Shomloo
    3 lawyer answers

    If you leave the United States before your petition is approved, you will have abandoned your request to change status in the U.S. Your H-1B can still ulimately be approved, but you will need to apply for an H-1B visa abroad. If your H-1B petition is denied by USCIS, you can only return on your F-1 visa if you plan to return to complete your program, have a valid I-20 and have not violated the terms of your F-1 visa previously. In certain circumstances if your H-1B petition is approved (...

    Selected as best answer

  2. Which to pick for "This form is submitted in connection with application for: " of G-325A

    Answered over 1 year ago.

    1. Elise Laine Perkul
    2. Olesia Gorinshteyn
    3. Michael Hugh Carlin
    3 lawyer answers

    Yes, that is correct.

    5 lawyers agreed with this answer

  3. Can a J-1 program sponsor terminate the J-1 status based on the trainee's H-1B application?

    Answered over 1 year ago.

    1. Elise Laine Perkul
    2. F. J. Capriotti III
    3. J. Thomas Smith Ph.D.
    4. Brian Christopher Schmitt
    4 lawyer answers

    Many J-1 programs will have the J-1 exchange visitor (EV) sign a statement that the EV will not apply for a change in status to H-1B during the course of the J-1training. I'm not sure how it came to light that the J-1 sponsor learned of your H-1B petition but many times this is against the J-1 sponsor's own internal policy. You should check your contract/application with the J-1 sponsor.

    3 lawyers agreed with this answer

  4. My wife got an yellow slip stating what i should send to them (US embassy ), what does the yellow slip means?

    Answered over 2 years ago.

    1. Elise Laine Perkul
    2. Eugene J. Glicksman
    3. Javier E Morales
    3 lawyer answers

    Your wife may contact the embassy to ensure that they received her documents. However, it usually takes a few days for the documents to be reviewed by a consular officer.

    1 lawyer agreed with this answer

  5. Beneficiary on husband's I-140 (just filed), wish to get F1 status this fall and H1B is also due for renewal what do u suggest

    Answered over 2 years ago.

    1. Elise Laine Perkul
    2. Deborah Lynne Karapetian
    3. Reza Athari
    3 lawyer answers

    If you file to change status from H-4 to F-1 and the request is denied after your H-4 status is expired, then you will need to leave the U.S. and obtain the H-4 visa abroad. You cannot file both the H-4 extension and the F-1 change in status.

    2 lawyers agreed with this answer

  6. I have pending R1 and my b2 will expire in two months, if i overstay my visa and the R1 is denied is considere over staying ???

    Answered over 2 years ago.

    1. Elise Laine Perkul
    2. Susan A. Glover
    3. J Charles Ferrari
    3 lawyer answers

    If you filed a change in status from B-2 to R-1, while the petition is waiting to be processed, you are allowed to remain in the U.S. (but not work.) Once the R-1 petition is approved, you can begin working. If the R-1 petition is denied for some reason after your B-2 status expires, you will need to immediately depart the United States.

  7. I-140/ Employment

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Elise Laine Perkul
    3. Elizabeth Clare Surin
    4. J Charles Ferrari
    4 lawyer answers

    I'm sorry to hear that you are are concerned about your current employment situation. As for your job prospects, it is important to separate your H-1B status from your permanent residency case. You mention that you have had 7 years of H-1B status and thaty you received a three-year extension due to a pending I-140. You actually can only receive extensions of H-1B status on a one-year basis while your I-140 is still pending. Therefore, I am assuming you only received a one-year extension...

  8. I am on an h1b that is due to run out in 2 weeks and it seems it might not be renewed.

    Answered over 2 years ago.

    1. Deborah Lynne Karapetian
    2. Gen Kimura
    3. Hassan Hussein Elkhalil
    4. Elise Laine Perkul
    5. J Charles Ferrari
    5 lawyer answers

    If it is a bonafide marriage then there is no offense. As an immediate relative of a US citizen you do not need to be in in nonimmigrant status.

    1 lawyer agreed with this answer

  9. I am an international student that graduated in May 19th, what can I do to avoid penalty if i leave the country next month.

    Answered about 2 years ago.

    1. Elise Laine Perkul
    2. J Charles Ferrari
    2 lawyer answers

    You have not indicated what immigration status you are/were in and have not explained how you are out of status. Also, you have not explained how or why you want to return to the U.S. in January. Please expand on your question.

  10. Hi. I was wondering if it is possible to renew a 12 month J1 visa whilst still in the US?

    Answered over 2 years ago.

    1. J Charles Ferrari
    2. Karen-Lee Pollak
    3. Elise Laine Perkul
    3 lawyer answers

    I am assuming you mean can the J-1 visa holder extend his or her stay in the U.S. through another J-1 program. Is this your question?