Rajesh Nakchhed Prasad’s Answers

First, if you are subject to two-years foreign residency requirement you cannot get an H-1B visa without the waiver. Second, the H-1B quota for this year is already exhausted, therefore, unless your employer is somehow cap-exempt, your employer cannot file the H-1B petition this year. Alternatively, have your employer file the H-1B petition on your behalf after you have complied with the two-years foreign residency requirement. Please have your employer consult with an immigration lawyer to...

Without reviewing your immigration history, it will be difficult to give a definitive answer. Did the adjudication officer provide any details during the interview? I would recommend consulting with an immigration lawyer. Good luck.

Deliberately providing false information on visa application or petition can be considered as "misrepresentation." It may have serious consequences for any future application/petition for immigration benefit. Please hire a qualified immigration attorney to assist you with your future immigration needs.

I agree with all of my colleagues. DUI is considered a criminal offense. No one can predict what kind of provisions will be included or excluded in the Comprehensive Immigration Reform (CIR). Right now US congress is play ping-pong with the bill :)

The prevailing wage depends upon the area of intended employment and the type of job (i.e. specific occupation). Without knowing the actual county of employment and specific job duties, it will be difficult to determine the exact prevailing wage. To begin you can start here: http://www.flcdatacenter.com/OesWizardStart.aspx Rajesh Prasad Attorney at Law Parikh & Prasad Law Group 5861 Pine Avenue, Suite B Chino Hills, CA 91709 Office: (909) 248-3212 Email: rajesh@path2immigration.com...

The Form I-485 Supplement A (Rev.01/18/2011) indicates "I am filing Supplement A to Form I-485 because (a).....(b) I am the beneficiary of a visa petition filed on or after January 15, 1998 and on or before April 30, 2001" Please make sure you are using the right version of the Form. If the petition on her behalf was filed before April 30, 2001, then selecting [b] is the correct response. Please hire an immigration lawyer to help you. Rajesh Prasad, Esq. Parikh and Prasad Law Group 5861 Pine...

Theoretically yes, you should be able to reenter the US using advance parole, BUT, I would not recommend to travel, because the law in this specific area is still evolving and the officers at the port-of-entry may or may not be aware of the nuances of this law. Although, there are reports that people in similar situations with TPS have been able to return to the US using advance parole. I would not recommend it. Again no disrespect to your attorney, he is right, you could be able to return to...

Renewal of your E-2 status depends upon (a) whether the work performed by you as a consultant for other companies constitutes "substantive" or "non-substantive" change in E-2 status, and (b) whether you engaged in unauthorized employment. E-2 regulations are highly complex. Since you performed work for other companies it will potentially complicate your status and ability to renew. As an E-2 principal investor you must manage and not compete directly in the market as a skilled laborer....

If you cannot find an employer right away to file a new H-1B, then changing your status to B-2 is recommended. USCIS generally allows 30-days to leave after denial. https://help.cbp.gov/app/answers/detail/a_id/962/~/extension-of-stay-denied Please consult with an immigration lawyer.

The rules relating to H-1B do not mandate any particular type of degree for the offered position - generally, a position will be deemed specialty occupation (i.e. H-1B position) if it requires (a) theoretical and practical application of body of specialized knowledge, and (b) attainment of bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S. An alien may qualify for a specialty occupation by virtue of formal education,...