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Sweta Khandelwal
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Sweta Khandelwal’s Answers

201 total


  • My L1, my spouse's L2 and her EAD is getting expired. Can i apply EAD extension now with receipt notice?

    My L1, my spouse's L2 and her EAD is getting expired on April 2013. My company will be filing for L1 and L2 extension with USCIS next week. They don't file EAD applications and I will have to take care of that. Can i apply EAD extension now with r...

    Sweta’s Answer

    You must wait for your L-1 and her L-2 to get approved.

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  • I have my aunt ( my mothers sister ) and family who are citizens. can i apply for green card based of there citizenship.

    I have my aunt ( my mothers sister ) and family who are citizens USA. can i apply for green card based of there citizenship. Note: I am on H1B an i have daughter who is born in USA.

    Sweta’s Answer

    You should see if you can have a GC through employment. You may also consider an investment of either $500,000 or 1 million (depending upon the geographical are) to see if you can get a GC under the EB-5 category.

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  • My H1B was filed and Approved this year. Now, It has been revoked. Can a new employer file for H1B right away?

    My H1B was filed and Approved this year. Now, It has been revoked. Can a new employer file for H1B right away? . I have around 60 days of grace period.

    Sweta’s Answer

    I agree with my colleague. You must speak to an Attorney in person at the earliest. A lot will depend on how your position is articulated in the new petition.

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  • H1-H4-H1 Conversion. Can I work on receipt of application or need to wait until approval?

    I was working on H1B from Sept2007 Until Feb 2012 . Nov 2011 i had to visit India and i got back in May2012 on H4 ( as i was laid of when in India in Feb2012 ) . the visa for H4 was approved on April 23 2012 . I have applied for a ...

    Sweta’s Answer

    Yes. The portability provision will not apply to you-since you are on H4.

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  • My brother just received a Notice of Intent to deny, he is on working visa. Can you help us out?

    According to him, he did not pass the visa screening. He thinks its the english exam which he took, and passed after he submit all his requirements. Is there anything we can do or USCIS will just deny him?

    Sweta’s Answer

    An attorney must first review the NOID. Please consult one ASAP. The Appeal, if any must be filed within a statutory time-frame.

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  • I 94 Extension

    Hi All, My Visa L1B is going to expire on Dec 2012. I am going to india for 1 week vacation. I will be back to USA on Aug 7, 2012 along with my family. What could be the chances of getting I 94 expiry date is same as Visa expiry date(Dec 2012)...

    Sweta’s Answer

    The visa expiration is different from the I 94 which may/may not be different from the I797. If you have an approved I 797 for your extension when you return then your I 94 may be issued for the duration of the I 797. For an accurate response depending upon your case situation, consult an attorney

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  • H1b extn and re-entry to USA

    Hello, I have a H1B visa valid till February 2013. My employer plans to start the extension process in the month of November. i have two questions here, 1) If i go for a very short vacation of two weeks in the month of august, say,i re-enter US...

    Sweta’s Answer

    You can travel while your extension is pending so long as you have a valid h-1B visa on your passport. If not, you will have to wait for the H-1B extension to get approved so that you may get the visa at the US consulate abroad. You can use the H-1B visa so long as it is valid-you do not have to get a new visa from the consulate.

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  • My I-130 got approved and is with NVC, whats the next step? I'm in U.S on my H1-b, so why can't I apply for adjustment of status

    I applied for an I-130 through my mother, under single/unmarried over 21 category and I'm here in the U.S on my H1-b. 1. I got the approval and I was wondering what is the next step? Do I file for I485 or just wait for NVC to contact me? 2. ...

    Sweta’s Answer

    It is not possible to answer accurately without the facts of your case. It seems that while your I-130 is approved, there is no visa number available that prevents you from applying for adjustment. Whether there is a visa available depends upon your priority date and nationality. Consult an attorney for accurate and complete answers.

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  • Regarding H1B visa

    My sister (currently on H4) got a job here in the U.S. Her employer filed for her H1B and it should get approved soon. She still cannot start working before October 1st 2013. We have the following questions-: 1. Can her employer terminate her job...

    Sweta’s Answer

    I agree with Attorney Shusterman. her new employer files for a "new H-1B". While it is not a transfer in the strict sense, she will not be subject to the quota, even though she cannot start working before October 1, 2012. If the H-1B quota is exhausted before the new employer files for her H-1B, an argument may be made that the "transfer" is possible.

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  • Reg:h1b

    Hi there, My h1b extension got denied and i have couple of job offers in my hand. If i need to transfer h1 , can i file and go back to my country for stamping.Please let me know.Is any grace period to file my h1 ,after my denial. One more ques...

    Sweta’s Answer

    Please consult an attorney-it is difficult to answer this question via an online forum. The credit card payments have nothing to do with the H-1B. Remember that there is no "grace period" in law-you must speak to an attorney ASAP to ensure that you do not jeopardize your status.

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