Skip to main content
Tripti Sharad Sharma
Avvo
Pro

Tripti Sharma’s Answers

11,685 total


  • RFE: if you started CPT before completing 1 year of study, Provide evidence for immediate participation in CPT was required,

    I am currently studying in ITU San Jose and ITU provides CPT from First semester on F1, I started my first semester on H4 and from second semester i took CPT on F1. Now i applied for OPT and got an RFE from USCIS that i have to provide for immedia...

    Tripti’s Answer

    I don't understand how an applicant makes an application to the school for CPT without understanding on what basis they are seeking it and how it is justified. Did you not seek CPT? Or did the DSO come to you and ask you to start your training?! F-1 is granted to study and not to work. Only if a coursework is such that training is justified, should - (1) the school offer it and (2) you approach to seek it. The burden is on you to prove you have the intent to study in the U.S. and are not using it to work or stay/ park. Please treat this RFE very seriously or the application will be denied.

    See question 
  • Hi , in the past 4 years i applied for reentry permit 2 times (4years) . i wanna know can i applying for citizenship after 3 yr?

    saeedpro.dpc@gmail.com

    Tripti’s Answer

    If you meet the requirements of continuous residence, physical presence, and you are married and living with USC spouse.

    See question 
  • B2 Visa

    Next week me and my family are having my B2 visa interview. My history is I was denied entry a year ago due to my SEVIS termination as I could'nt pay my school fees on time. I was allowed to Withdraw my application by CBP. I came home and applied ...

    Tripti’s Answer

    Your case, as it stands today, must be carefully reviewed and evidence towards strong home country ties gathered to present to the Officer. Merely having business back home is mostly insufficient, but you may have other strong points, which could be highlighted.

    See question 
  • Transferring employer on CAP-GAP Extension with H1B approved.

    Hi, I'm currently on OPT CAP GAP Extension and my H1 got approved on August 24,2015. I wanted to know if i could transfer employer before October 1 while on CAP-GAP, if i get a new job offer. Thanks.

    Tripti’s Answer

    My suggestion - no harm in interviewing for better options. When you nail something, address this question to their attorney.

    See question 
  • Does choosing change of status on i129 for H1B cancel a separate pending request for change of status.

    Arrived in USA on L1A with expiry of March 30 2015., On March 25, 2015 enrolled at University of California and filed for change of status to F1 , case still pending and likely to come up for decision in coming week. •On April 1 ...

    Tripti’s Answer

    It is not recommended to file multiple change of status applications simultaneously or one after another in close proximity. I suggest you meet with an attorney and take steps to achieve the objective you desire. I wish you luck!

    See question 
  • I-130 Application for Spouse of legal PR who resides in US on student visa

    I am a permanent resident of US living in the US. I recently got married to an international student who is in US on valid F1 visa. She is a Phd Student in US and her phd studies will take 5 years to complete (estimated graduation date: Aug 2019)....

    Tripti’s Answer

    Priority date for LPR spouses is not current and so AOS cannot be filed concurrently.

    See question 
  • 2 H 1 files with USC IS, will this cause any issue What happens to my current filling when new employer files the premium case?

    My current employer has filed a H 1 B Visa extension + amended in Regular process (a week back), i have still not received my receipt number. I got a new offer from another company at same location and wants to file a H 1 B Visa Transfer + extensi...

    Tripti’s Answer

    Is it the same "location" or "client"?

    See question 
  • What are the possible consequences of marrying a Vietnamese citizen during his trip under tourist visa in Las Vegas?

    I am an US citizen, originally from San Jose of California, who plans to get married to my fiancé, who is Vietnamese citizen, in Las Vegas during our US trip in June of 2016. The reason is because I am currently working as an expat in Vietnam, and...

    Tripti’s Answer

    Not necessarily a good idea to make plans upfront without intention of disclosing if asked.

    See question 
  • Quest. regarding compliance of H1B LCA & regarding the need for Amended H1B, as per new Memo, PM-602-0120, Simeio Solutions, LLC

    My original 3 yr petition LCA was filed & approved with 1 client location in Dec'12. This was Mon-Thu onsite & Remote at home on Fri client. I finished with that client in Nov'14. From Dec'14 till Jul'15, I had another client. My new LCA (not amen...

    Tripti’s Answer

    Amendment is required for every new client location.

    See question 
  • Arrest Record of spouse (dependent) affecting I-485 Interview

    Applied EB-1B green card application. I-140 approved and EAD/AP approved. Recently got I-485 interview date - my wife was a dependent on my case and she had a previous arrest record in 2010. the case was outright dismissed as her roommate made a f...

    Tripti’s Answer

    I suggest retaining an attorney if she has been called for a interview. Considering this will probably be the last time she will get to explain herself. It will be worthwhile to discuss it upfront with an attorney. Good luck!

    See question