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Tripti Sharad Sharma

Tripti Sharma’s Answers

14,677 total


  • Can I apply for H1b while waiting for response on OPT STEM extension - with current valid OPT?

    I am on F-1 visa, currently on my OPT. I graduated last year in May. I have applied for a STEM extension and waiting for a response from USCIS. My current EAD is valid till May 11, 2016. Can my employer file an H1-B application for me this y...

    Tripti’s Answer

    Employer can petition in your behalf. How you wish to approach this should be discussed with an attorney.

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  • What is the minimum salary, so that the company can file H1-b for me? Can it be zero if I have 29% equity?

    My Visa status is F-1. I will graduate in this April. My OPT will start May 16. I plan to start a business with my two friends. We will incorporate a C-Corp by the end of February with $110,000 investment. My Equity of the company will have 29%...

    Tripti’s Answer

    H-1B beneficiary should be paid the higher of the prevailing wage or the actual wage paid in the company to similar positions.

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  • How long does it take for a company to fill a H1b Petition? and what documents do I need to give to the company?

    I'm on OPT extension and the company that I work for wants to apply for my h1b visa. How long does it take to fill the petition? do I still have time? and should I get recommendation letters form past jobs?

    Tripti’s Answer

    When you accept the job, the company's attorney will work with you to put the packet together. Good luck!

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  • Is affidavit needed for slight change in name on original and translated school certificate?

    Received an RFE for my father's 485 application for birth certificate. To respond to the RFE, we got his matriculate certificate from India and his first name on original Hindi certificate is slightly different from his name on his passport and...

    Tripti’s Answer

    I am confused how a name stated in a foreign language is different in English. Unless it is a completely different name, it should be fine. Some names are translated differently.

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  • Is affidavit needed for missing last name before marriage in the school certificate ?

    Received an RFE for my mother's 485 application for birth certificate To respond to the RFE, we got her matriculate certificate from india and it is missing her last name before marriage. Would a notarized affidavit from my mother saying tha...

    Tripti’s Answer

    Have an attorney review the RFE, documents to support the RFE and advise you. Good luck!

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  • Am I eligible for cap exemption for 2016.

    I got 221g in OCT 2014 asking for more details about client. My case was sent to USCIS and now status is under review. Work permit on I-797 is also expired now which was till OCT 2015. Am I eligible for cap exemption for 2016.

    Tripti’s Answer

    Yes, if the petition stands approved.

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  • Can I re-enter in USA on old employer valid Visa?

    I am indian citizen, I have h1-b from new emplyer (h1-transfer), and planning to go to mexico. I still have valid visa from old emplyer till sept.2016.

    Tripti’s Answer

    Work with your attorney of record. They will check the visa validity and advise you. Good luck!

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  • Visa bulletin - which priority date is current

    My ex husband applied Green card Eb2 Nov 2009. I applied with him later. Now visa bulletin publishes two dates - APPLICATION FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES (October 2008 India) and DATES FOR FILING OF EMPLOYMENT-BASED ...

    Tripti’s Answer

    Application final action dates for adjudication of applications is to be considered.

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  • Do I need to file LCA and H1B Amendment?

    I will be working from home in state X and my employer is located only in state Y , do I have to file LCA and H1b amendment , both? or just LCA to home address. Does my employer need to be registered in state X as well? Thank you in advance

    Tripti’s Answer

    Whether an amendment is warranted or new LCA suffices is a prerogative of an employer filing the petition. The company in consultation with their attorneys is required to abide by the rules. You may initiate the talks by contacting the attorney of record if the company representative is not proactive.

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  • Is it possible to request Motion to Reopen Employer A Denied I140 (USCIS Admin error) + transfer that to new employer?

    Situtation: EB3 I140 denied from employer A (RFE was sent to wrong address by USCIS) 2007, EB2 I140 approved with employer B with PD 2015 - as denial due to abandonment happened because of USCIS Administrative Error - can I get following done. ...

    Tripti’s Answer

    1) Company gets to decide, hopefully with the assistance of attorney after consideration of all merits
    2) No
    3) Though legally there is no restriction; practically an employer will not sponsor (read: fund) two petitions.

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