Sweta Khandelwal’s Answers

Sweta Khandelwal

Santa Clara Immigration Attorney.

Contributor Level 11
  1. Can I sue an illigal alien for a dog bite that resulted in broken bones, stitches and emotional distress?

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Ilona Dzhamgarova
    3. Sweta Khandelwal
    4. C. C. Abbott
    5. Christopher L Kreeger
    6. ···
    6 lawyer answers

    I agree with my colleagues that the immigration status of the defendants is irrelevant. What you may consider is the likelihood of collecting on the judgment, assuming you prevail.

    10 lawyers agreed with this answer

  2. Which one of L1B & H1 leads to easier green card?

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Christian Schmidt
    3. Sweta Khandelwal
    4. Debbi Lee Klopman
    4 lawyer answers

    You can be either on H-1B or L-1B to file a GC under either the EB-2 or EB-3 category, depending upon your education//experience and the position that your company has in mind. Either visas will do, but the H-1B allows you to remain in the US for an initial period for 6 years, while the L-1B is restricted to 5.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. H1B extension and Visa Stamping

    Answered over 2 years ago.

    1. Sweta Khandelwal
    2. C. C. Abbott
    3. Luis Alberto Guerra
    3 lawyer answers

    To start with, visit the US Consulate website/Department of State website. This is exhaustive and will give you a fair idea. Your employer's attorney should also provide you with some directions/guidelines along with the original Approval Notice/Notice of Action and a complete copy of the Petition that was filed. Please carry the latest pay stubs from the employer.

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  4. My son loves/wants to marry his Austrailian girlfriend but worry this would complicate her gaining U.S.citizenship/college?

    Answered about 2 years ago.

    1. David Nabow Soloway
    2. Kyndra L. Mulder
    3. Rehan Shams Alimohammad
    4. Sweta Khandelwal
    5. Curtis Frederic Pierce
    6. ···
    6 lawyer answers

    If your son is a USC then he can sponsor her after marriage. This would make it easier for your son's girlfriend to get a US-not difficult. You may have to file an affidavit of Support if she is to get Permanent Residence. This is required so that the govt. knows that she will be financially supported in the US and will not become a public charge.

    7 lawyers agreed with this answer

  5. Can filing for unemployment benefits if u are a green card holder who has lost his job negatively affect filing for citizenship?

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Sweta Khandelwal
    3. J Charles Ferrari
    4. Eugene J. Glicksman
    4 lawyer answers

    It will have no effect.

    5 lawyers agreed with this answer

  6. Will bankruptcy affect Me becoming US Citizen

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. Frank Wei-Hong Chen
    3. Sweta Khandelwal
    3 lawyer answers

    Attorney Shusterman has correctly summarized the response(s) to your questions.

    5 lawyers agreed with this answer

  7. Who is eligible for 4 years and one day rule?

    Answered over 2 years ago.

    1. Carl Michael Shusterman
    2. J Charles Ferrari
    3. Sweta Khandelwal
    4. Otis Carl Landerholm
    4 lawyer answers

    This rule is available to those who have had a break in the continuous residence requirement. They can apply 4 years and one day after they return to the US to resume residence,

    Selected as best answer

  8. F1 student visa, legal to start a part-time self-employed automotive service job?

    Answered about 2 years ago.

    1. Rehan Shams Alimohammad
    2. Sweta Khandelwal
    3. Luis Alberto Guerra
    3 lawyer answers

    You cannot be self-employed without an Employment Authorization Card.

    6 lawyers agreed with this answer

  9. Am I still eligible for a F1 visa and admission into the U.S.?

    Answered about 2 years ago.

    1. Rehim Babaoglu
    2. Sweta Khandelwal
    3. Luis Alberto Guerra
    4. Curtis Frederic Pierce
    5. David H Nachman
    5 lawyer answers

    I agree with my colleagues. Please hire an Immigration attorney familiar with criminal cases ASAP.

    6 lawyers agreed with this answer

  10. H4 to H1B.

    Answered about 2 years ago.

    1. Sweta Khandelwal
    2. J Charles Ferrari
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    If your petition A gets approved (I am assuming it was filed last year), you will be exempt from the Cap for petition B. In my opinion, once you have been counted against the quota, you are cap-exempt. This argument will have to be made in the cover letter for petition B. In any case, company B will have to file a H-1B petition (if H-1B from A is approved). It does not matter whether you call it a new H-1B or a transfer. The only difference is that the transfer will allow you to start...

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