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Pradeek Susheelan
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Pradeek Susheelan’s Answers

258 total


  • Acquired US Citizenship?

    Hello. I was both in Mexico in 1991 from a Us Citizen father who gained his citizenship through naturalization in 1986.I entered the Us in 2000 as a permanent resident along with my mother who is also apermanent resident. Could i have gained US ...

    Pradeek’s Answer

    If you resided in the United States in the legal and physical custody of the U.S. citizen parent you may have acquired citizenship. Consult with an immigration attorney who can decide if you are eligible to file an n-600 application for certification of citizenship

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  • Interview for I-485/ I- 765/ Immigration

    I was in a removal proceeding but it was terminated after my I-130 was approved by the Immigration so I was able to finish the process of the Green Card. Now I have a second interview but it will be for the I-485/I-765. What should I expect? Anoth...

    Pradeek’s Answer

    The first interview was for the I-130 it established the validity of the marriage. The second interview is for your I-485 application (green card) to check to see if there is any reason that makes you in eligible for a green card. Take all documents with you and officer can reexamine the marriage. And you will be expected to have extensive documentation as you have been married for over two years and will get a ten year green card as opposed to a condition two year card if approved.

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  • I had H 1 b approved in 2012 in cap subject area but never worked for that company as I got h1b cap exempt visa and working now

    Now I want to transfer from cap exempt to cap subject visa for another employer for same profession can I still transfer using my previous cap subject visa in 2012 as I did not apply for another cap subject visa this year. My employer did not canc...

    Pradeek’s Answer

    As long as you were granted an I-94 or visa in h1b classification based on the initial cap subject employer you are no longer subject to the cap. And can have a new employer file for you immediately.

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  • Conversion of B1/B2 into greencard for parents of US citizen

    If parents of a US citizen visit US on B1 B2 visa . Can their son file a petition for their green card and can their status be changed to green card without leaving USA?

    Pradeek’s Answer

    Yes this can most certainly be done. It would be advisable to wait for 6o days to pass from their entry in B status, so there are no issue of having made a misrepresentation by entering on. A visit visa with immigrant intent.

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  • Hello. I am currently on h1b status however I got married in February and my husband filed a petition for my status to change as

    A permanent resident. I recently received a letter that my 1-130 was received. I recently had a death of a family member in my home country. Can you please advise if I will be able to travel? Thank you

    Pradeek’s Answer

    Is you husband an U.S citizen? You are normally required to obtain advance parole prior to traveling to avoid having your application for adjustment of status ( I am presuming you meant adjustment of status when you state " my status to change" ) considered abandoned. But there is an exception for those in H or L status their adjustment applications are not considered abandoned as long as they return while in H/L status.

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  • What are the risks travelling to home country when COS (H4 to H1B ) is in process and getting stamped with old visa (H4) ?

    Currently I am in USA with H4 visa. My future employer filed H1B with COS in normal processing. I got picked up in lottery but my H1B is not approved yet. Due to some personal reason I have to travel to my home country (India) in next month and wi...

    Pradeek’s Answer

    If you travel without approval the COS will be considered abandoned although it will not affect approval of the actual petition. You can file a premium process request to get the COS approved before you leave or alternately file for an amendment of the approved petition once you return to change status from H 4 to H 1B

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  • What are the status of my charges if I am on PTI? Can I travel outside of the US and return if i am a permanent resident?

    I was arrest back in december on 3 charges 2 of which were drop immediately and the other grand thief which am now in PTI for ... I was told to complete 50hrs com. see and 3 values course and restitution i completed the courses and am now down to ...

    Pradeek’s Answer

    You need to consult with a removal defense attorney. You can possibly be considered in admissible to the U.S on you return from overseas. It depends on the process of the PTI you are involved in and the elements of the offense. You cannot get the detailed advise you require on this forum.

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  • Formed a corporation and not LLC, to keep entity separate from attaching to myself. Why EIN application is asking for my SSN?

    I am on H4 dependent visa and applied for Green card (under process). Formed a corporation (INC) to keep it separate and not associated with me. I have no intention of working for this INC or withdrawing any amount (salary, expenses or dividends...

    Pradeek’s Answer

    As far as immigration is concerned as long as you have not worked for the incorporated company you will not have an issue. The obvious question is who is working for this company if it is making income and filing taxes. If there are no other employees you as the sole share holder can be presumed to be the one doing all the work. The fact that you used a tax I'd number to get a EIN in itself should not be of much concern with USCIS.

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  • H-1B Immigration governmental filing fees

    1) H-1B governmental filing fees = $1075 (for 25 or less employees) OR $1825 (for more than 25 employees) is this information correct? 2) H4 governmental filing fees = $290 is this information correct?

    Pradeek’s Answer

    h1b basi fee $325, fraud prevention $500 h1b data collection $750 or $1500 depending on number od employees being atleast 25 or less than 25. $2000 public law if more than 50 employees and 50% in h or L status. There are exeption to some of the fees depending on it being a an extension or second extension. You need to get an employer

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  • Visa eligibilities

    Hello, my spouse (who is a US citizen) and I have filled for an immigrant visa for me (who is British) to immigrate to the US. Our case is now awaiting NVC supporting documents completion check and an interview date. I had been fined in the Br...

    Pradeek’s Answer

    • Selected as best answer

    It depends on the maximum sentence possible for the offense and the elements of the offense. If the max sentence possible is not more than a year and you were not sentenced to confinement for six or more months you are not considered inadmissible even if it is a crime of moral turpitude. If it is a CIMT and it does not fall under the petty offense exception you will need to file a 212 (h) waiver based on hardship to your spouse.

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