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Sonali Patnaik

Sonali Patnaik’s Answers

71 total


  • What is the difference between L1B and L1A. with L1A can i work for any company? and not with L1B

    what is the difference between L1B and L1A. with L1A can i work for any company? and not with L1B

    Sonali’s Answer

    The L-1A is for an intra-company manager or executive. The L-1B is for an employee with specialized knowledge. Both visas are tied to the petitioning employer. There are a number of factors that go into evaluating which visa to apply for. You should speak to an experienced Immigration Attorney about the position to determine the best route.

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  • H1B (company A)to L1A (company B) cos did. Can L1A company can file GC immediately for me.

    H1B (company A)to L1A (company B) cos did. Can L1A company can file GC immediately for me. or do i need to wait 6months or 12 months.

    Sonali’s Answer

    An employer can begin the process of petitioning for an employee's green card at anytime, but most employers require a period of 6 or 12 months with the company before filing because of the effort and expense required on their part in the PERM and I-140 process. You have not really provided enough information to analyze the best time frame in which to file your case.

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  • I filed an immigrant petition for my Mom who is here on a tourist visa. Can she go home while its being processed?

    I filed her I130, I485, and I765 together, and so far her biometrics fingerprinting has been completed for the I485 and I765. The problem now is her return ticket is in 1month, and her passport stamp is valid until October... If she does not go ho...

    Sonali’s Answer

    She should not travel outside of the U.S. before receiving an Advance Parole document, or she risks "abandoning" the I-485 application in the eyes of USCIS. If she was eligible for the green card and your application was properly filed, then she is not penalized for overstaying once the green card petition is pending. For a more detailed explanation of I-94 expiration while an I-485 is pending, please see an Immigration attorney.

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  • Premium processing stopped after sending rfe

    got an rfe and reponded to that. When they recieved the documents they updated the online status to premium processing clock restarted. Now it says the premium processing clock stopped. and a notice was sent. what does this mean?

    Sonali’s Answer

    It likely means that USCIS has issued a decision on your case. Your attorney should receive this decision in e-mail form as well in a premium processing case.

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  • My husband got deported on march 2013 and came back to the U.S can he still get his papers fix im a U.S citizen

    he was arrested for public intoxication and for history of family violence so was handed over to ice so he voluntarly signed his deportation

    Sonali’s Answer

    We would need to know whether it was a removal order or voluntary departure that he signed. Even then, his subsequent illegal re-entry and/or the DV convictions might disqualify him. Your husband's case, due to his criminal and immigration history, is too complicated to yield any useful advice online. You should schedule a consultation with an Immigration Attorney and bring all ICE and criminal paperwork to better understand his options.

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  • I am an F-1 student. I have been in the US for ten years. I have a masters degree. Can a citizen petition me for a green card?

    I have never been illegal or lost my status. I am currently doing my PhD.

    Sonali’s Answer

    You would need to specify your relationship with the U.S. citizen (spouse, sibling, employer, etc) before we could really advise you on this site.

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  • I will be applying for my green card and my spouse is still studying on F1 . Should I add my spouse also in my GC application ?

    I will be applying for my green card and my spouse is still studying on F1 . Should I add my spouse also in my GC application ? Will it be difficult for my spouse to file for H1B after the course complete if our GC process starts?

    Sonali’s Answer

    • Selected as best answer

    If you are legally married to a foreign national at the time of filing your I-485, it is generally best to have your spouse file an I-485 as a derivative at the same time. They should still maintain non-immigrant status if at all possible. If she properly maintains her F-1, the I-485 filing should not impact her H-1B eligibility later on, as H-1B is a dual-intent form of status.

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  • Looking for lawyer in Dallas TX who is very knowledgable with immigration law.

    I have gone to the catholic charities and I have spoken to a lawyer (I think she was an assistant). I don't feel that either place really helped me at all. They both made me feel like there was no hope for my husband and I left both places crying....

    Sonali’s Answer

    From the information provided, it is possible that Catholic Charities and the other law firm might have determined that your husband is barred from receiving permanent residence under INA 212(a)(9)(C), but I would have to review his case in a consultation to offer you any more detail or determine whether that is accurate. If he has never entered the U.S. without inspection, he might still have a chance, but I cannot offer you advice without reviewing his record.

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  • My I140 is approved...but my employer is not providing approval notice to me. Is it legal ?? Is there a way I can get it.

    I am from India

    Sonali’s Answer

    • Selected as best answer

    As the named beneficiary, you do have a right to a copy of your I-140 Approval Notice. While your employer might not have to give it to you, the attorney who filed it is ethically required to do so. But, you take some risk in demanding this of your employer or their attorney, in that doing so might alert the employer that you plan to leave, prompting them to withdraw the I-140, which can affect priority date retention and any pending I-485.
    Another way to obtain it is to file a FOIA request, but this can take 6-8 months to yield results.

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  • I recently send my I 485 ,I 765 and I 102 under cu7, request for evidence?

    They send me my biometric appointment but then I received A letter requesting evidence ,they are asking for my i94 which my dad lost back in 1998 That is why I send my I 102 but it still on initial review status they gave me 87 days t...

    Sonali’s Answer

    You should respond to the RFE within the required time, or they can deny your case for abandonment. If you already have an I-102 filed, you might try sending a copy of this with your RFE response, to ask for additional time while the I-102 is processed. I would also recommend consulting with an Immigration Attorney to talk about alternate means of obtaining proof of entry and to verify your overall eligibility for adjustment of status. Best of luck!

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