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Ekaterina L Powell

Ekaterina Powell’s Answers

123 total


  • 5 year ends on Aug 1st 2014. valid H1B until 2015 Aug, Employer files Labor application for PERM in November 2014

    My 5th year on H1B ends on Aug 1st 2014, Employer will only be able to file Labor application for PERM green card in November 2014, My question is lets assume my labor is still pending even in November 2015 after 365 days because of audit, my 6th ...

    Ekaterina’s Answer

    If PERM is pending for a year, you are eligible for 7th year extension. If by the time your H-1B expires, PERM is approved and I-140 is approved but your visa numbers are not current, you could also do a 3-year extension of H-1B.
    It is also a good idea to go out of the country for some time so you could recapture any time spent outside of the U.S. when you run out of 6 years.

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  • Can we start a business on H1B

    We are a group of friends with a new Business idea and would like to implement it ASAP. All of us are Masters graduates and on H1B. Can we start a business in USA. What are the complications if any.

    Ekaterina’s Answer

    It is possible to get an H-1B visa if you are a co-owner of the business that is sponsoring your H-1B. However, there are a lot of restrictions and considerations. You have to show that there is an independent governing body for the company that will control your employment. You can look up self-employment H-1B or H-1B for entrepreneur. There is a lot of information on this.

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  • Will an I-130 Petition for Alien Relative cause any issues if I travel outside the US on a H1B visa?

    I recently got my H1B while I was in the US so i do not have an actual visa in my passport but have my approval notices. i am looking to travel out of the US for my honeymoon in a couple of months.

    Ekaterina’s Answer

    • Selected as best answer

    You have to get a visa in order to get back into the U.S. As to I-130 question, if you are marrying a U.S. citizen and will be filing for your green card, you can travel on H-1B visa and return to the U.S. without abandoning your green card. However, for it to work, you have to have H-1B visa stamped in your passport. If you are filing I-130/I-485 based on marriage to USC, you could also file for I-131 (travel permit) and I-765 (EAD) at the same time. Travel permit takes about 3 months to get. Once you get it, you can travel without a visa just with that travel permit.

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  • My current h1b visa expires on 8/31/14 . The new h1 b approval notice starts 9/01/14. Can I get my stamp revalidated in May 14

    Current h1 b visa sep 1,2011 to Aug 31 2014. New i797 approval notice from sep 01 2014 to August 31 2017 Home country India Current location USA I want to go for re stamping of my visa in Toronto Canada between May 21 and may 24...

    Ekaterina’s Answer

    You need to contact the consulate directly to see if they can process the visa application more than 90 days in advance.

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  • I129, LCA and offer letter salary different

    Hi My salary in the Base Salary in the offer letter / salary slips is around 25% more than the salary mentioned in I129 and LCA (I129 salary = LCA salary). Also, there is a bonus component in the offer letter. Is that OK for a H1B work pe...

    Ekaterina’s Answer

    The employer may in fact pay you more than what's in H-1B petition. All they have to do is to update their internal compliance files. Salary raises do not require amending of H-1B petition.

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  • Does the opt cap-gap extension means my application for H1B visa was selected or approved?

    I haven't heard back from USIC yet regard my H1B visa. However, when I tried to apply for my OPT 17 months extension, I found out that it was automatically extended until Sept-30th on my SEVIS. I haven't applied for cap-gap nor my international st...

    Ekaterina’s Answer

    This should not have happened without the knowledge of the DSO. Not clear why SEVIS shows your extended status. You should first check with your employer to see if the checks for filing fees got cashed. If they were, then there would be a case number on the back. That would mean that you got selected in the lottery. You may also consider waiting for a week or a bit longer to see if the employer gets the receipt for H-1B to be certain.

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  • H1b pending for 1yr because of security clearance. Can I contact dhs or FBI to find out why?

    I have a phd in engineering and used to work in a high tech company with my OPT. I applied for my h1b last April and waiting for it until now. I have my OPT expired and now under financial hardship as I cannot work. My driver license is expiring i...

    Ekaterina’s Answer

    You need to keep harassing USCIS about your case, try elevating to SCOPS -USCIS headquarters, ask your company's attorney to help. If you don't bother them, it will take them forever.

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  • I' m on L2 EAD and my spouse -L1 A holder plan to leave the county on new job can i continue to work. What r trasfer options

    My husband is on L1A and I'm on L2 EAD. He is planning to take up an offer in another country which will make his L1 A visa invalid. I have got a job offer and will be joining soon. I want to continue working here. So what are the options...

    Ekaterina’s Answer

    Your L-2 will get invalid if your husband quits work. For the green card case, if the employer is willing to continue with the green card, then the process will not be terminated. The company can process the green card for a prospective employee, thus current employment is not required. However, if they wish to stop that process, it is their right.

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  • APPLY FOR GREEN CARD THROUGH MARRIAGE

    I'm F1 visa student, and I'm currently in Reinstate Process.(submit application on 03/30/2014 and status is still in process) I also just got married, officially date is 05/08/2014. and my husband will apply for petition me to obtain the gree...

    Ekaterina’s Answer

    It does not have an effect on your green card application.

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  • I am on an H1-B visa and my wife is on an H-4. How can she get an H-1 or GC? Basically, how can she work legally?

    My wife has over 8 years of exp. in the TV/Film industry. A lawyer, in his own words said "No chance of getting an H1 visa in media. She can't work for pay or even volunteer. She should stay at home & cook for you!" I need some real advice on how ...

    Ekaterina’s Answer

    • Selected as best answer

    It depends on her actual job experience in the industry. It is incorrect to say that there is no way to obtain H-1B visa in the media field. Depending on her duties and her role in the field, an appropriate H-1B position may be possible. However, since H-1B visas are already gone for this year, the other option she could consider is O-1 visa if she has extraordinary abilities in the field. Another option would be getting a J-1 visa for trainee category. Regardless of the visa option, she needs to have a prospective employer who is willing to hire her.

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