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Rajesh Nakchhed Prasad

Rajesh Prasad’s Answers

284 total


  • I need to know how to answer the below question that i have received in the Request for evidence (RFE for my L1B visa extension.

    Question- Need letter from an authorized representative of project describing beneficiary's specialized knowledge duties. The letter should: o Explain how knowledge for the position is different than that for similar positions in industry ...

    Rajesh’s Answer

    Simple, hire an immigration lawyer. Generally, responding to a complex L-1B RFE requires a thorough analysis of many factors. Without knowing the beneficiary's background, position, type of organization, product, etc., it will impossible to answer your question.

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  • How can I cancel H1B Visa if employer is not ready to share receipt number?

    Employer B has filed H1B visa for me and it got approved, but I wish to continue on L1 Visa. Employer has not shared the receipt number with me yet, If I want to cancel H1B before octobet 1st, How can I do that ? Please advice

    Rajesh’s Answer

    You cannot. Only the employer who filed the H-1B petition can request the withdrawal of petition.

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  • Is it going to be difficult obtaining my US citizenship if we don't live together? (both students living in the dorms)

    (28 non-US, she is 24 US citizen)We've been together for 4 years, getting married this month, but we are both students with no fix income and living separately. I can afford to pay health insurance for both of us, and I have some money in my bank ...

    Rajesh’s Answer

    I am presuming you mean "difficulty in obtaining permanent residence (aka green card)."

    I agree with Attorney Mulder. Separate living arrangements will raise red flags and the officer adjudicating your permanent residence application (based on your marriage to a United States citizen) is going to thoroughly investigate the bona fides of your marriage.

    In such cases, I highly recommend hiring an experienced immigration attorney. Even a simple mistake in preparing or documenting your case may have serious adverse immigration consequences. Good luck.

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  • Question on Employment immigration: Continuing stay beyond 7th year extension and PERM is under the appeal with BALCA.

    Current situation: I am in 7th year H1B period, recently my PERM has been denied and sitting under the BALCA appeal. This 7th year ext. is still under the process in USCIS. Limitation: Current employer is not ready to file another P...

    Rajesh’s Answer

    I agree with Attorney Alexander M. Ivakhnenko. The issues raised by you requires a thorough research of facts and consultation. I highly recommend consulting with an immigration lawyer to develop a sound strategy. Meanwhile, you can find answers to some of your questions in this USCIS' memo:
    http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf

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  • I'll start use the H1B in Oct 1st. Is possible the company request L1 visa next yr since I not complete 1yr in the company?

    I was hired in the Company in January 2013. In april 2013 the company decided transfer me to US as a executive manager but I couldn't request L1 visa because I don't have 1 year working. Since a have now the H1B visa is possible apply to...

    Rajesh’s Answer

    • Selected as best answer

    No, unless you complete your one-year of continuous employment abroad. In order to qualify for an L-1 classification a beneficiary should have at least one continuous year of full-time employment ABROAD with the qualifying organization within the three years before the filing of the L-1 petition. Anytime spent INSIDE the United States working for the same employer may not be counted towards the qualifying year of employment abroad. Please note, however, that your stay in the US will not interrupt your continuous employment (e.g. if you have worked for 5 months abroad, then you come to the US and stay here for 2 months and then again go back abroad and work there for 7 months, you would be able apply for L-1 after completing 7 months, you don't have to wait for the whole 12 months). I would recommend consulting with an immigration lawyer.

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  • Can I change employers after H1-B petition approval?

    I am currently on an F-1 student visa working full time on OPT. My employer plans to apply for my H1-B visa next year (2014). I was wondering - Between April and October next year, once my H1-B petition gets approved, am I allowed to switch employ...

    Rajesh’s Answer

    Yes -- however before switching your new employer will need to file an H-1B petition on your behalf.

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  • I am filling out the i 130 for my immigrant husband and i am stuck on question 14, since he entered illegally.

    what should i respond to this question that wont jeopardize him or the case? i know this form is to show relationship only, but will it effect being able to move forward with the case???

    Rajesh’s Answer

    If your husband entered the United States "without inspection" (i.e. commonly referred as an illegal entry), then you should respond "without inspection" to Question 14 of Form I-130. I highly recommend hiring an immigration lawyer to guide you and develop a strategy for your husband to obtain green card. A simple mistake can cost separation from loved ones forever.

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  • RFE received for L1B extension. Will lawyer draft responses with my input or will i have to draft responses?

    I have received an RFE for my L1b visa extension. my company and their lawyer has forwarded the questions for me to answer. The questions related to my work, job responsibilities, letters from my company's hr, past work related questions etc. Is i...

    Rajesh’s Answer

    Unfortunately, I cannot provide answers to your certain questions because your company and you are already being represented by another attorney. However, you may definitely consult with an outside immigration lawyer if you want a second opinion.

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  • I want to fix papers for my fiance as soon as posible

    i have been 3 year with my fiance . he came to the usa when he was 16 yrs old and is now 24 . i want to know if i will be able to fix papers for him and how fast without him having to go back to his country . we want to get married in church but w...

    Rajesh’s Answer

    Need additional information - How did your fiance came to the US? Did he came with a visa? OR Did he entered the US without any travel document? I would highly recommend consulting with an immigration lawyer.

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  • Need information for my Revoked Visa?

    Hi i'm a Indian Citizen, 20yrs old male and My Visitor Visa was Revoked 3 years ago due to my dad overstayed his Visitor Visa, he's back in home country now. I never overstayed or worked in the US and i wanna know that how many years i won't able ...

    Rajesh’s Answer

    No one can give you a definitive answer as to how long you will not be able to get a B-2 visa. If you have never overstayed beyond the authorized period of stay (i.e. beyond the date shown on your I-94) then there is no bar. You can reapply for B-2 visa at anytime. However, it would be wise to consult an immigration lawyer before you reapply to make sure that there no other potential issues.

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