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Dustin Jermaine O'Quinn

Dustin O'Quinn’s Answers

4 total

  • H1B Extension applied, travelling out of USA OK in the below scenario?

    I did my L1B to H1B COS last year and h1b approved and that petition validity is from 10/01/2014 until 09/30/2015. I have changed client in Last November and there was a new LCA applied that time but not any h1b amendment. I have also applied my e...

    Dustin’s Answer

    • Selected as best answer

    1&2 The USCIS frequently deems an extension of status petition abandoned when you depart the US while it is pending. The validity of your H status may still be approved, however.

    I agree that the most conservative approach would be to wait until the petition is approved.

    3. The petition approval does matter; if you have not yet departed when it is approved, the potential abandonment is a non-issue. Postponing one week may not be sufficient time. You should postpone by at least 15 days from the date the petition was received by USCIS. Also, if USCIS issues a Request for Evidence, the petition is still "pending" for purposes of the potential abandonment.

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  • How is Texas doing among all states in terms of immigration raids and road block posts? Is it safe for undocumented person?

    Hi everybody, How is Texas doing among all states in terms of immigration raids and road block posts? Is it safe to move there around for someone without legal immigration status but with a valid US ID? I mean in New Mexico its d...

    Dustin’s Answer

    Generally, the CBP posts many statistics about its enforcement activities. You can start by searching here:

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  • I am applying H1 through one company which will show in-house project. If not selected what effect it has for next year H1?

    I am applying H1 this year through 'ABC' company which will show in-house project for approval. If it does not get approved using the in-house project, will it has any effect for next year application? I mean next year if company "XYZ" applies my ...

    Dustin’s Answer

    We understand that the H-1B is an employer's petition and not your own. Since the company (either ABC or XYZ) is responsible for choosing their lawyers, you want to ensure that your own current and future immigration status is not in jeopardy! You have every right to inquire as much as you like. Though I would warn against trusting the information provided on blogs and websites generally.

    If ABC's H-1B cap-subject petition for you is rejected this year due to high demand, the XYZ cap-subject petition for next fiscal year will be unaffected by this year's rejection. (Note the difference between "rejection" and "denial.")

    Good luck.

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  • DACA Renewal timeline

    How long is it taking to get DACA renewed?

    Dustin’s Answer

    The U.S. Citizenship and Immigration Services (USCIS) website states that the Texas Service Center of USCIS is currently processing DACA renewals filed on September 3, 2014 or earlier. In other words: right now DACA renewals are taking about six months.

    The USCIS website also instructs you not to submit a renewal earlier than 150 days prior to your current expiration. I echo the previous answer that you should submit your renewal application between 120 - 150 days before current expiration.

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