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Indu Liladhar-Hathi

Indu Liladhar-Hathi’s Answers

21 total

  • How long between I131 approval notification and the receipt of the travel document

    On the USCIS website, it states that: we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. How long does it take after this notice to receive the travel documents in my hand?

    Indu’s Answer

    You should get your AP within couple of weeks.

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  • Can he apply for H1? and my spouse employer can file her H1? any issues in this?

    My L1 is denied, still waiting for my attorney to say how long i can stay.Another employer B is ready to apply my H1. considering the fact that i will leave india in few weeks and one more week for the H1 cap?and i will exit and reenter US later, ...

    Indu’s Answer

    You will most likely have to depart at the earliest assuming that the denial decision indicates that you are no longer mainataining your status. As my colleagues have indicated, you should definitely consult an attorney at the earliest.
    Also, since both you and your spouse are subject to the quota, and if your H-1Bs are approved, you would be able to enter on your H status 10 days before 10/01.

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  • Getting Laid Off in 2 - 3 weeks because the situation of the company is not doing well. I am in Visa H1B, what should I do?

    I am currently in Visa H1B. I have sensed that I will be laid off by the company in 2 - 3 weeks. In the same time, I have bought a plane ticket to my home country which is scheduled a month from now. My plan is to resign from my current ...

    Indu’s Answer

    I quickly read the article, and beleive that most of the information is accurate. I would suggest that if you fail to find a job within a reasonable time, then you may have to depart, and opt for consular processing on your H-1B petition. Again, depending on the timing of when you actually find a job, you may want to assess your actions. All the best!

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  • How the CSPA calculate for subtracting the age ?

    When my aunt applied for us in 1999 i was 14 years old and when my parent visa number became current in 2009 i was 24 and my name was omitted and i was wonder can i use cspa to go to the us ? how they calculate the age by this law ?

    Indu’s Answer

    Even if you are able to claim that you are eligible for CSPA, you have to apply for your permanent residence within a year of your visa becoming available. I see that your priority date became current in 2009, nad so it may be too late for you. I suggest that you consult with an attorney to see if you are indeed eligible.

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  • NEW JOB OFFER + OPT EXPIRE in 7 days + STEM EXTENSION IN process + HOB and Future possibilities

    Hi , my present 1 year OPT will end on 28th Feb 2013 and my STEM extension got filed on 31st Jan 2013 . But now I got a Full Time who wants to file HOB for me 1 ) What do I tell my new employer that my stem OPT is in progress but cant provide a...

    Indu’s Answer

    I agree with my colleague. Your employer should be able to file your H-1B with your pending STEM EAD application. Please ensure that you consult with an experienced immigration lawyer since it is critical how your situation is handled. Good luck!

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  • Adjustment of status after employment based greencard petition is submitted.

    Can I file an adjustment of status on my own after my company's lawyer has submitted my petition(the petition has not been approved yet). My country has no delays for visa numbers or any backlogs. Can my wife on H4 also file for an adjustment of ...

    Indu’s Answer

    Since the I-485 application is your application, you can certainly submit the application on your own. However, you will definitely need a letter from your employer confirming their intent to continue to hire you. Thus, your employer's support is still required.

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  • I got a denial on January 26, I really want to slow down my case regarding my husband's citizenship, Is it possible to appeal?

    Hi, my husband is just one step before oath ceremony for citizenship, but when he was green card holder he had applied for AOS because we got incompetent advice from attorney, and recently  my case was denied it was  January 26 with a note on USCI...

    Indu’s Answer

    Given the desription and the serious nature of your circumstances, it is critical that you consult with an attorney. A careful analysis is required.

    All the best!

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  • Will I be elidegible for EB1 in following scenario? What all issues can happen? Can come back on H1B or L1-A will be needed?

    Working in Company-A in US from past 7 years ( 3 years as Sr. Manager). H1B expiring on 12/2015 and I-140 approved state (waiting for EB2 India to be current). Before coming to US, working in India for 2 years. Company-B, now giving an offer t...

    Indu’s Answer

    In response:
    1. Yes, you can return to the USA on either H-1B or L-1, assuming that you meet the requirements.
    2. If you qualify, the question relating to your nationality should not arise.
    3. If you meet the EB-1 conditions, then you would be able to file for EB-1. Please seek a consultation to explore specific issues that would be applicable in your matter.

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  • I stay in US and have lost my h1b I 797A and B approval notices. I need to travel to UK.Can i travel with a copy of I 797?

    I stay in US and have lost my h1b I 797A and B approval notices. I need to travel to UK.Can i travel with a copy of I 797? I have a stamped visa valid till 2014

    Indu’s Answer

    You should be able to. However, it is recommended that you carry the original. Thus, you may want to ask your employer to provide you with their courtsesy copy (original), and produce that as well. Finally, you should consider asking your employer to apply for a duplicate.

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  • My U-Visa application was received on May 18th and biometrics on July 30th of 2012 does anyone know how long it will take ?

    What is the wait time as of December this year 2012 and how long should i wait before making an inquiry at the Vermont service center?

    Indu’s Answer

    If this helps-Of of mine was submitted in January, and to date, it remains pending.

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