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Jason Eric Feldman

Jason Feldman’s Answers

9 total

  • Can I be on payroll of one company on vaccation & join another company on H1 B? H1B trasfer to Company B is approved

    Comapny A had my H1B now Company B has transfered that H1B.Company B wants me to join immediately, so I need to in vaccation in Comapny A to do that. Is it legal to be on two payrolls?the overlap is 3 weeks

    Jason’s Answer

    Yes, you can have multiple concurrent H-1b visas. You do not even necessarily need to be on vacation from company A. So long as Company B filed a new H-1b petition that was received by USCIS (safest to wait for the receipt notice), you can begin employment with Company B.

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  • Can I use an old H1B for transfer

    Hi, I am currently on H4 and I've a existing H1b from a previous employer. Salient features of my case are : * H1B issued and approved and stamped in India from Company X on 10th Oct,2009(issue date) -- 15 July,2012(expiry). I never travel...

    Jason’s Answer

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    You would need to do a change of status from the H-4 visa to an H-1b. Since your H-1b petition was approved within the last 6 years, you were already counted, and are not subject to the cap.

    There is not a stipulation that you need to have the transfer done within a year .

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  • I would like to apply for an L1-A visa for myself. Do I need to have US employees?

    I am the CEO of a group of three very small foreign companies (2 employees). My companies have been up and running for 1 1/2 years. I would like to move to the US and either develop my current business there or start a new business. But I am not ...

    Jason’s Answer

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    Initially USCIS will probably give you some deference and may approve a new office L fro 1 year, even if you have not yet hired any employees. By the end of the first year USCIS will want to see that the business has become more than just a job for you. So yes you should have at least 1 other employee by then to maximize your chance of getting the visa renewed. Additionally, after the company has been up and running for at least a year you could potentially apply for a green card as a multi-national executive. Both the immigrant and non-immigrant visas require that you keep the overseas company up and running.

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  • H1b to F1 Tranfer

    I m on H1b, its expiring next year... I want to transfer to F1(student visa) Can I tranfer without going out of country?

    Jason’s Answer

    Yes you can. Most schools have an international student office that will help you as well. If there are no complications they should be able to take care of this and issue the requisite I-20. Sounds like you are planning ahead, as you should, to ensure everything is in place before your H-1B expires.

    -Jason Feldman

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  • H1b to F1 Tranfer

    I m on H1b, its expiring next year... I want to transfer to F1(student visa) Can I tranfer without going out of country?

    Jason’s Answer

    Yes you can. Most schools have an international student office that will help you as well. If there are no complications they should be able to take care of this and issue the requisite I-20. Sounds like you are planning ahead, as you should, to ensure everything is in place before your H-1B expires.

    -Jason Feldman
    San Diego Immigration Attorney

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  • What kind of company can apply H1B?

    I would like to know what kind of the company can apply H1B? What size of the company needs to be?

    Jason’s Answer

    Any type of company can apply for an H-1B visa. The position available must meet the requirements of a "specialty occupation" or require at least a college degree. Very small companies of just a couple people are also eligible to apply for an H-1B visa. However, the Department of Homeland Security tends to scrutinize their applications very carefully. That being said a legitimate, well documented petition still has a good chance of approval.

    Unfortunately, there are no more H-1B visas available until October 2010 as the cap was reached a couple of weeks ago. One may petition for these visas as early as April 1st. If you know you want to apply for an H-1B visa I would advise submitting your petition so it arrives on April 1st, because in 2007 and 2008 the cap of 65,000 was reached on the very first day USCIS accepted applications.

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  • Prior to filing the labor certification, there's a Prevailing wage requirement.

    Can a petitioner apply for the prevailing wage while he/she is working on the recruiting steps? OR the prevailing wage has to be done before the recruitment even takes place? OR it can be done at the same time (filing prevailing wage while recruit...

    Jason’s Answer

    A petitioner can apply for the prevailing wage before, after, or at the same time as commencing recruitment. Unless it is known that the offered salary (as posted on the internal posting notice and SWA website) will come in at or above the prevailing wage, it is advisable to obtain the prevailing wage before commencing recruitment. Otherwise some of the recruitment may have to be done again if the advertised offered wage did not meet the prevailing wage.

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  • Which address do I put on the I 824? US or Salvadorian?

    My husband lost his TPS and has been given 90 days to Voluntary departure. I was told to file the I 824 to start his path to a green card with my sponsorship. On the application it ask for his address two times each time Mailing & Home ; in the ...

    Jason’s Answer

    You should put your address there, if this is where you want the correspondence to come.
    I have not heard any recent reports on the waiting time for the Salvadorian Consulate, but you may email or call them to potentially find useful guidance.

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  • What do I put for U.S. mailing address on the form I-90 application to replace permanent resident card

    I already filled ou t the parts where it asks for my address but there is also a question about mailing address with C/O at the end, i don't know if I should put Same, None or N/A?

    Jason’s Answer

    You should put same. Alternatively, you may fill in your address again.

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