Vivek Goel’s Answers

Vivek Goel

Herndon Immigration Attorney.

Contributor Level 6
  1. L1 to H4 change of status requirements

    Answered over 3 years ago.

    1. Carl Michael Shusterman
    2. Vivek Goel
    3. Ekaette Patty-Anne Eddings
    4. Lynne Rogers Feldman
    4 lawyer answers

    As long as your wife is in valid L-1 status at the time the change of status application is filed with USCIS, she may remain in the United States and is not required to depart the country to obtain an H-4 visa stamp in her passport. On this point, it should be noted that a U.S. "visa" is a document entered in one's passport that permits a foreign national to apply for admission to the United States. Once that person has been lawfully admitted to the United States, their stay and "visa status"...

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  2. H1 full term expiring in Jun 2011. Am I still eligible to extend for another 3.5 yrs if I stayed only for 2.5 yrs actually in US

    Answered over 4 years ago.

    1. Vivek Goel
    2. Ekaette Patty-Anne Eddings
    2 lawyer answers

    The six-year period of eligibility for H-1B status is based on actual time spent in H-1B status while in the United States. Thus, if one only held H-1B status while in the U.S. for 2.5 years, he/she should be eligible to use the H-1B "remainder option" to complete the remaining 3.5 years of eligibility without regard to whether visas are available under the H-1B cap. This is a relatively common situation that any competent business immigration attorney should be able to address while...

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  3. Can I invest and run my own business while I have H1B visa? Can I switch to another visa to do so?

    Answered over 4 years ago.

    1. Vivek Goel
    1 lawyer answer

    It might be possible if your business is able to get an approved H-1B petition on your behalf for the job that you will be doing. In practice, H-1B "self employment" by entrepreneurs used to be relatively common, but under the guidance issued by USCIS on January 8, 2010 (referred to as the Neufeld Memo on H-1B Employer-Employee Relationship), this type of case has come under increased scrutiny. Today, where the H-1B beneficiary is the majority owner or otherwise directs and controls the...

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  4. India Visit before filnig H1B extension

    Answered almost 4 years ago.

    1. Vivek Goel
    2. Gerald P. Goulder
    2 lawyer answers

    As long as you hold a valid H-1B visa and will be working for the employer for whom you are approved to work in H-1B status, I don't see any reason why you could not return to the U.S. on January 5, and then have your employer file your H-1B extension petition thereafter. It is unlikely that you would have any problem at the port of entry in this situation based on the facts that you have provided. You should bear in mind that the H-1B extension petition must be received and accepted for...

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  5. L1B to H1B visa conversion

    Answered over 4 years ago.

    1. Vivek Goel
    1 lawyer answer

    A change of status from L-1B to H-1B won't have any impact on how quickly your PERM cases is processed by the U.S. Department of Labor. Between the two options you have mentioned above, it is important to remember that applying for a "fresh" H-1B petition will not cause your status to automatically change while you are in the U.S., which means that you will need to depart the U.S. to obtain an H-1B visa in your passport and then return to the U.S. with that visa to assume H-1B status....

  6. I checked online my case status for my I-485 and it is approved, but

    Answered over 4 years ago.

    1. Vivek Goel
    1 lawyer answer

    While mistakes do occasionally occur at USCIS, I would think that the I-130 and I-601 have also been approved. It's highly unlikely that an I-485 application would be approved without the underlying I-130 and I-601 waiver beig approved, as well. If you have the USCIS receipt notices for the I-130 and I-601 cases, I'd recommend checking the status of those cases online at http://www.uscis.gov.