Rajesh Nakchhed Prasad’s Answers

Rajesh Nakchhed Prasad

Chino Hills Immigration Attorney.

Contributor Level 12
  1. I am on a Specialist J1 visa. Am I able to get a 2 year waiver as I am home bound for 2 years?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Rajesh Nakchhed Prasad
    3. Alexander Joseph Segal
    3 lawyer 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...

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  2. N-652: A decision cannot yet be made about your application

    Answered over 1 year ago.

    1. Rajesh Nakchhed Prasad
    2. Alexander Joseph Segal
    3. Mark Robert Barr
    3 lawyer answers

    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.

    7 lawyers agreed with this answer

  3. I am married and have child in the Philippines, I applied for US visa as crewman I declared single and no child , is it fraud?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Rajesh Nakchhed Prasad
    3. J. Thomas Smith Ph.D.
    3 lawyer answers

    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.

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  4. Risk of removal proceedings from sponsoring a spouse due to information disclosed on G325A form

    Answered about 1 year ago.

    1. Carl Michael Shusterman
    2. Rajesh Nakchhed Prasad
    3. Malathi Benjamin
    4. Richard Ehizogie Oriakhi
    5. Scott Dewayne Mills
    5 lawyer answers

    Lets consider a hypothetical where you file an immigrant petition for your spouse with USCIS. A diligent USCIS officer may raise an issue whether you have abandoned your LPR status and whether you are even eligible to file the petition. The choice of words that you used to describe your question indicates that you have already done your research. However, your question leaves out some critical details, such as whether you filed taxes in the US, whether you maintained a home in the US, whether...

    6 lawyers agreed with this answer

  5. Is a DUI considered a criminal offense that can be excluded from Obama's comprehensive immigration reform?

    Answered over 1 year ago.

    1. J Charles Ferrari
    2. Thomas Joseph Baker
    3. Rajesh Nakchhed Prasad
    4. Matthew Murillo
    5. Tai Christopher Bogan
    5 lawyer answers

    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 :)

    6 lawyers agreed with this answer

  6. What is the prevailing / minimum wage for a technical recruiters in NJ on H1 - b visa

    Answered over 1 year ago.

    1. Alena Shautsova
    2. Rajesh Nakchhed Prasad
    3. David B Pittman
    4. Samuel Patrick Ouya Maina
    4 lawyer answers

    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...

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  7. Supplement A to form I-485, Adjustment of Status

    Answered over 1 year ago.

    1. Karen-Lee Pollak
    2. Rajesh Nakchhed Prasad
    3. Jeffrey Adam Devore
    4. Andrew Marino Bramante
    4 lawyer answers

    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...

    7 lawyers agreed with this answer

  8. Can someone who has no criminal background in whatsoever travel with a valid Advance Parole and be able to re-enter in the U.S?

    Answered over 1 year ago.

    1. Fernanda Nunes Hottle
    2. Natalia Polukhtin
    3. Rajesh Nakchhed Prasad
    4. Jeffrey Adam Devore
    5. Rochelle Inger
    5 lawyer answers

    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...

    7 lawyers agreed with this answer

  9. Our Visa status E-2 ended August 2011 and our I-94 is good till July 2013

    Answered over 1 year ago.

    1. Rajesh Nakchhed Prasad
    2. J Charles Ferrari
    3. Sasha O. Lazarevich-Sinnott
    4. Katie D.T. Sanders
    4 lawyer answers

    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....

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  10. H1B transfer after revoke queries

    Answered over 1 year ago.

    1. Rajesh Nakchhed Prasad
    2. Alena Shautsova
    3. Samuel Patrick Ouya Maina
    3 lawyer answers

    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.

    5 lawyers agreed with this answer