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Dinara Maylov

Dinara Maylov’s Answers

172 total


  • H1B Actual Salary is around 40% Higher than LCA. would that be concern for my H1 extension and stamping ?

    I am in 6th year of my H1B, I-140 approved last week and now we are filing my extension with amendment for job location. employer says they can not revise LCA to match with current salary as it doesn't justify my title and role for that much of hi...

    Dinara’s Answer

    No. You are getting more not less than certified.

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  • H1B Actual Salary is around 40% Higher than LCA. would that be concern for my H1 extension and stamping ?

    I am in 6th year of my H1B, I-140 approved last week and now we are filing my extension with amendment for job location. employer says they can not revise LCA to match with current salary as it doesn't justify my title and role for that much of hi...

    Dinara’s Answer

    No. You are getting more not less than certified.

    See question 
  • Conformation about calculation of physical presence.

    It has been mentioned in Welcome to America,at page 96 that to calculate the physical presence total all the days/months remained physical present in US and then subtract all the days /months you have been out of US. For example physical presence...

    Dinara’s Answer

    You need to be in the USA for half of the statutory eligibility required period.

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  • Afrer the refusal of waiver I-601 for immigrant visa, can I qualify for non immigrant visa and what are the chances?

    am Pakistani national and living in Pakistan. My wife and three children are U.S. Citizens living in Avenal NJ. My wife is breast cancer treated patient and has multiple health related problems. I am living alone with my parents in Pakistan and aw...

    Dinara’s Answer

    You can try the no immigrant visa waiver.

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  • What to fill 864 and 864a... ? Help petition for me by my wife ...

    My wife is USA citizen and has income 0 .So she needs to fill form 864 only ? Currently Unemployed and $0. but last year she paid tax; so does she needs to attach last year federal tax return ? ALL other field not applicable. Does it make...

    Dinara’s Answer

    Joint sponsor and needs to file a separate I 864 indicating so.

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  • I currently have DACA how can I get a residency?

    I heard the only way to get a residency is by family

    Dinara’s Answer

    Same immigration law applies. There is no sexual path to residency for DACA holders.

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  • I-140 RFE Replied regular process. Can I Initiate Premium Now?

    USCIS acknowledged my employer I-140 RFE reply was received on July 10th 15 on their website via regular process. Can I initiate premium process now as EB2 PD is current. Or just wait it out? Also my 485 and AP was filed as well. ...

    Dinara’s Answer

    Employer can do that at any time if in the opinion of their lawyer it is advisable.

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  • Apply EAD (I-765) while spouse's H1 and applicants H4 extension is in process

    My wife, who is currently on H4 is applying for EAD (I-765). I have an approved I-140 and my H1 extension has been applied, for which I have received a receipt notice for extension (I-129) and she has also received a notice of extension (I-539) fo...

    Dinara’s Answer

    I would wait until your have been granted the extension before applying but if you do before it could save time.

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  • Immigration Issue

    My B1/B2 visa expired on the 10th of June and the stamp I got at the point of entry is still valid until the 5th of September, 2015. I recently got married to my long-term girlfriend, who is a US citizen. I want to file for my work permit and gree...

    Dinara’s Answer

    You should engage an immigration lawyer as my colleagues indicated.

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  • Is unemployment allowed during cap-gap after H1B was approved?

    Is the H1B revoked once USCIS is informed of the lay off, or is it possible to find another employer who would file I-129 without again being subject to cap? Thank you.

    Dinara’s Answer

    It should be. Not working at all is allowed during gap cap

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