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Elizabeth Leigh Anne Garvish

Elizabeth Garvish’s Answers

5 total

  • Is it legal to stay on H1 RFE with i-94 Expiration??

    I came to US on L1B.MyL1B, I-94 has been expired on (May-2012) . I applied for L1B Extension but now i got denial notice.. I applied for H1 but i got RFE for that . can i legally stay with H1 RFE??

    Elizabeth’s Answer

    If you were in valid nonimmigrant status when you filed your H-1B change of status, then you may stay in the U.S. until the case is adjudicated. if you file the H-1B after your L-1 I-94 expired and your extension denied, then you may want to make sure that you leave the country before any unlawful presence begins to accrue. This would occur 180 days after the expiration of your I-94 card. More information is needed to give you the appropriate answer. Please discuss this in detail with an experienced immigration attorney.

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  • PERM filing and Planning for F1 year

    I had a question regarding PERM application and changing status to F1. I am in my 6th year of H1 ( have around 10 months left to complete 6 years). My employer is ready with my PERM application. I am holding off only because I might be interested ...

    Elizabeth’s Answer

    The F-1 visa is not a "dual Intent" visa like the H-1B. Dual intent allows you to have both nonimmigrant - temporary and immigrant-permanent intent. If you apply for the Change of Status now before your PERM is filed then the issue of intent does not come up. Even if you file the I-539 after the PERM is filed, you still have not affirmatively filed anything with any agency demonstrating immigrant intent - your employer has. I would discuss your intent and the timing of filing of these applications with your immigration attorney. Good luck!

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  • I am considering a job with minimum requirement of B.S and 8 yrs of experience. I have a MS and 5 Years Exp. Am I EB2 eligible?

    Hello. I have an I-140 petition approved under EB2 by my employer. Now, I have an offer from a different employer with a slightly different line of work. I am an R&D engineer now and hold an M.S. in Mechanical Engineering from USA. I also have acc...

    Elizabeth’s Answer

    Based on the requirements, this job should qualify for EB-2. The EB-2 category is for positions that require a Master's degree or the equivalent which is a Bachelor's degree plus 5 years experience. The bachelor's degree must be the equivalent of a U.S. four year degree. I hope this helps.

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  • I got admission for a pediatrics residency program from a community based university program.

    The program sponsers only J1 visa. But I am interested in H1B sponsership. How should I proceed futher? I am willing to take any expenses for filing H1B visa. Please tell me what options are available or how to convinse my program to sponser H1B v...

    Elizabeth’s Answer

    I know it would be much easier to be able to go through your residency training on an H-1B visa rather than a J-1 because you would not have to go through the J-1 Waiver process. However some programs as a matter of policy will only sponsor J-1s for residency. You will need to talk with the program director to clarify this. If this program is where you would like to train, you might reconsider the J-1. Otherwise, you may want to apply to other programs who are willing to sponsor residents on H-1B. Good luck.

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  • How to make sure a job is "directly related to field of study" in order to comply with OPT regulations.

    I am trying to figure out whether I can be working for one employer full-time that is directly related to my field of studies and also do a paid-internship? However, the paid internship is a fashion blogger position, which could be linked to marke...

    Elizabeth’s Answer

    The best person to address this question would be the Foreign Student Advisor at your university. Good luck.

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