Rishi Pratap Oza’s Answers

Rishi Pratap Oza

Durham Immigration Attorney.

Contributor Level 5
  1. Docs required to transfer an approved H1B in 2014 quota to another employer before Oct 1st 2013.

    Answered 10 months ago.

    1. Giacomo Jacques Behar
    2. Rishi Pratap Oza
    3. Robert Louis Brown
    3 lawyer answers

    I would agree with my colleagues. This is a question best posed to your employer's immigration attorney. However, if you have already been granted H-1B (or will soon be assuming that status), you will be considered separate from your husband's immigration status and therefore should not need to provide any of his paystubs for your H-1B transfer. In terms of when to request the H-1B transfer, I would not recommend taking such an action before your H-1B start date, as it may draw USCIS to...

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  2. How long will the process be?

    Answered 12 months ago.

    1. Robert Louis Brown
    2. Philip Alan Eichorn
    3. Luis Alberto Guerra
    4. Alexander M. Ivakhnenko
    5. Rishi Pratap Oza
    5 lawyer answers

    I would agree with my colleagues. Based upon your description, the deferred action process would fit you almost perfectly. Based upon how you entered the United States, as well as a host of other factors, you may have some strong possibilities of remedying your status without having to leave the United States. You'll want to have a skilled immigration attorney review your case thoroughly and provide you with all of the different options that you can pursue before making any decisions on what...

    3 lawyers agreed with this answer

  3. Is there a new law for illegal immigrants in 2013?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Robert Louis Brown
    3. F. J. Capriotti III
    4. Philip Alan Eichorn
    5. Samuel Patrick Ouya Maina
    6. ···
    6 lawyer answers

    I would tend to agree with my colleagues in that a second opinion may be helpful in getting this matter resolved. Depending upon the manner of your wife's initial entry into the United States, this may be a relatively easy problem to address or fairly complex and time-consuming. The fact that you are a US citizen does provide her with some benefits and DHS did recently issue new guidelines designed to reduce the amount of time that families are separated, should your wife have to leave the...

    3 lawyers agreed with this answer

  4. What could be done if H1B Visa +6 yr Extension and transferred to a Second employer expires while PERM pending?

    Answered over 1 year ago.

    1. Giacomo Jacques Behar
    2. Rishi Pratap Oza
    3. J Charles Ferrari
    3 lawyer answers

    I would respectfully disagree with my colleague. If your PERM is currently on appeal, then you are still eligible for a 7th year extension of your H-1B. No regulations require that you be employed on an H-1B with the employer that is submitting your PERM application, so the change of employers should not impact your eligibility for a 7th year extension. That said, having a pending PERM application does not provide you with any type of status or authorization to remain in the United...

    3 lawyers agreed with this answer

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

    Answered 7 days ago.

    1. Pedro A. Miranda
    2. Rishi Pratap Oza
    3. James D. Mills
    3 lawyer answers

    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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  6. Question on H4 extension:

    Answered over 1 year ago.

    1. Rishi Pratap Oza
    2. Christopher Michael Pogue
    3. J Charles Ferrari
    3 lawyer answers

    Your wife's status is rooted in your status, so as long as you have lawfully maintained your H-1B status, your wife remains in lawful H-4 status. Your change of companies does not require you to "transfer" her H-4; however, because her I-94 is valid only through 2014, you will want to file for an extension of her H-4 once your H-1B is approved, you will probably want to have her extension application submitted, so that her time in H-4 mirrors your time in H-1B.

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  7. Help...

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Rishi Pratap Oza
    3. Stephen D. Berman
    3 lawyer answers

    Generally speaking, the Social Security Administration will ask for photo identification for anyone seeking to apply for a Social Security Number, particularly if seeking to apply on behalf of another individual. Although your spouse can TRY to apply for a social security number, his/her likelihood of success of being able to do so successfully is hardly guaranteed.

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

    Answered 7 days ago.

    1. Carmen DiAmore-Siah
    2. Kathryn Alice Lenahan
    3. Pedro A. Miranda
    4. Rishi Pratap Oza
    4 lawyer answers

    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."

    1 lawyer agreed with this answer

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

    Answered 8 months ago.

    1. Carl Michael Shusterman
    2. Rishi Pratap Oza
    3. Robert Louis Brown
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

  10. Asylum but married with usa citizen

    Answered 8 months ago.

    1. Alexander Joseph Segal
    2. Hasan Abdullah
    3. Rishi Pratap Oza
    3 lawyer answers

    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...

    1 lawyer agreed with this answer