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Rishi Pratap Oza

Rishi Oza’s Answers

21 total

  • Were you inspected by a U.S. Immigration Officer?

    I was filling up I-485 and there a question where it says: Were you inspected by a U.S. Immigration Officer? what do you mean by that.....

    Rishi’s Answer

    When you entered the United States, did you interface with an immigration officer at an airport, border crossing or port. If you did go through the customs line and were provided with a stamp in your passport or other document, then you were "inspected and admitted." Individuals that enter the country without first seeing a US Immigration officer are generally not considered to have been "inspected and admitted."

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  • Can I get a work permit while my I-485 is in pending status?

    Daughter of a US citizen, I have applied for my I-130 and currently waiting for approval, to then apply for I-485, I will want to be able to work while I wait on my Permanent residence, what are my options?

    Rishi’s Answer

    If you have filed and have a pending I-130 petition, you would not be considered eligible to apply for an employment authorization card. However, if you have filed and have a pending I-485 Application to Adjust Status, then you are eligible to apply for an employment authorization card. An I-130 alone does not make you eligible for an employment authorization card.

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  • How much time does Vermont service centre ( USICS ) takes to respond L1B RFE ?

    I am in L1B and my visa expired in April 19th 2014. My company applied for extension in January 2104 and i got an RFE in March 13th 2014. I responded back to RFE on May 8th. Its been 45 days now and still the status shows as RFE response rev...

    Rishi’s Answer

    I would agree with my colleagues. Given your need to travel due to family issues, you can consider upgrading your application to Premium Processing, as it will ensure USCIS to issue a decision within 15 calendar days. Since you've been waiting for more than 45 days already, you may be nearing resolution of your case, but Premium Processing exists for these exact circumstances. While the fee amount may be substantial ($1225 for upgrade to PP), it may be worthwhile, so that you can be with your family.

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  • I got RFE in new H1B 2014 .But my employer is not responding for the RFE,What i have to do sir? Please Help.

    Thank you in Advance

    Rishi’s Answer

    I would agree that your options are unfortunately rather limited. Submitting a response is typically a better solution than submitting nothing at all, but ultimately, the decision to pursue a response is one that is your employer's and not yours.

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  • Asylum but married with usa citizen

    I am married with usa citizen.. But, my country is having very terrible political instability due to maoist terrorism. i cant go back to my country because they have warned my family to kill me if i go back. So, is it ok if i seek asylum in usa??

    Rishi’s Answer

    I would agree with my colleagues that seeking the assistance of an attorney would help to provide you with the best options on what specific steps to take. Depending upon your personal circumstances, your marriage may permit you to apply for permanent residency directly, which would likely be much faster than the asylum route. You are always able to apply for asylum, but you must meet a number of eligibility markers in order to be considered eligible for that form of relief. You certainly have options, but selecting the proper strategy will be important to the overall success of your case.

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  • Perm Certification Labor pending and H1B expiring in 2 months

    Greetings, My friends labor was applied in August 1st week and his H1B (end of six years) is expiring in 2 months from today. Because of Government shutdown, I don't expect his labor would be approved in next 2 months. And as per my knowledge ...

    Rishi’s Answer

    In addition to the option of changing to H-4 and awaiting the adjudication of his PERM application, your friend could explore the potential EB-1 or EB-2 NIW options, which depending upon his qualifications, may help to speed him to permanent residency status (and employment authorization in the interim). Obviously, these types of applications require fairly high evidentiary standards, but given his limited amount of time, exploring all potential options is worthwhile.

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  • H1b Transfer Question. I am planning to switch employers

    Hi I on H1b visa for 2 yrs in USA.I am planning to switch employers.I am a newbie to this.So I want to know the following: Say, I am selected by the new potential employer and he files a H1b transfer request with USCIS.Let us assum...

    Rishi’s Answer

    I largely agree with my colleagues that you would be best served by discussion this with your current employer before any filings are submitted to USCIS. When a new employer has filed for an H-1B transfer on your behalf, part of that application indicates when you will begin working in that new capacity, which supersedes your previous H-1B filing. In your scenario, I'm not sure that premium processing would be of any particular benefit to you, given that you would want to time to be able to discuss the matter with your initial employer.

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  • I am a greencard holder and my wife isn't will I be able to file immigration papers for her?

    She was born in Mexico I was born in jamaica we have been married for almost 3 year. She is 21 year old and I am 24,

    Rishi’s Answer

    You can begin the process of sponsoring her for permanent residency status, but her compliance with immigration rules and regulations will dictate as to whether she the route in which she will need to take in terms of obtaining permanent residency status. She may be eligible to apply for permanent residency if she is in the United States, but you would probably be best served by contacting an immigration attorney that can advise you on the proper route to take to get her to permanent residency status.

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  • I am a greencard holder and i have stayed out of the united state more than one year and i didnt applayed for a r entry .

    i came the united state by the lottery in -11-2008 i use to go out of the country less than 6 month every year.. and i have leaved the country in 9-9-2012 for more than 1 year ,, so what is my situation? can i return back to the country?>>

    Rishi’s Answer

    I would largely agree with my colleagues, although DHS holds the burden of proof of showing that you abandoned your status from the United States. While the 4th Circuit Court of Appeals is largely silent on the issue, other circuits have placed a heavy burden on the government in proving abandonment, particularly if there are unique circumstances that kept you from returning to the US. Although you have passed the one year mark, I wouldn't say that you are assured of having lost your permanent residency status. If you were to return, you would at least be permitted to see an immigration judge, where you can seek relief. Hiring skilled counsel is your best option.

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  • Transfer H1B and revokation of current petition

    I am currently with employer A. I have an offer from employer B who will be filing an H1 Transfer in "Normal processing" . I am planning to start working with employer B as soon as I get case receipt number from USCIS Qn::: If my current employ...

    Rishi’s Answer

    I agree with my colleague. The filing of the transfer application insulates you from the withdrawal/revocation of Employer A's filing. A way to avoid this problem may be to submit the H-1B transfer application to USCIS via the Premium Processing service, which will provide you an adjudication of your application within 15 calendar days. This way, you may be narrowing the window in which this situation comes about.

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