Archived
What would happen to current I-94, if employer revokes H1B petition and another employers petition is in pending status?
Ajay's answer
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Answered on September 14, 2018
You can be employed by the new employer upon its filing an H1B petition requesting extension of status, and revocation of the H1B petition by the...
Porting of Priority date from earlier approved i140 (under EB-3 category) to new Green Card application (under EB-2 category)?
Ajay's answer
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Answered on September 14, 2018
Yes, the priority date can be ported. Note that the GC process is independent of H1B status and the new employer can start PERM/I-140 and you can...
Archived
Can I switch to H1-B from EAD while my NIW application is pending without leaving USA?
Ajay's answer
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Answered on September 14, 2018
As your OPT will not expire prior to H1B filing in April, 2019, you are eligible for cap gap which includes OPT extension until September 30, 2019...
Archived
My application was applied under EB3 and it got denied and later again applied under EB3 but approved inEB2
Ajay's answer
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Answered on September 14, 2018
If the position required a bachelor's degree and 5 years of experience, or a Master's degree, it would have been classified as EB2 by USCIS even if...
Archived
H1b Extension RFE can i apply H4 COS and continue working until H1 or H4 decision arrive?
Ajay's answer
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Answered on September 14, 2018
Filing change of status to H4 is a good backup plan and can continue working on H1B until denial decision or H4 COS approved, whichever occurs...
Archived
Can I legally stay in US after stem OPT expires while Change of Status is with USCIS?
Ajay's answer
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Answered on September 13, 2018
From your post it does not appear that you are in H1B status (the H1B petition was filed as consular processing). Thus, you are in F1 status with...
Archived
Travelling to India with H1-B to H4 COS petition pending?
Ajay's answer
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Answered on September 13, 2018
You can make an appointment with the Consulate online, but your pending H4 COS application will be denied upon departure. The time spent in the...
Archived
My wife has valid H4 and I moved to new employer, does my wife need to file for new H4 ?
Ajay's answer
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Answered on September 13, 2018
Your wife remains in H4 status until her I-94 expiration date as you are maintaining H1B status. Her H4 status is not tied to employment with a...
Archived
Will i loose my F1 OPT if my H1b petition Denied ?
Ajay's answer
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Answered on September 13, 2018
Your STEM OPT is unaffected by H1B denial as you are not reliant on cap gap (your OPT expires after September 30).
Archived
H1B Extension Petition Denied and have valid I-94 - How long can I stay
Ajay's answer
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Answered on September 13, 2018
It depends on the reason for denial, but generally if you otherwise maintain H1B status through employment with the sponsoring employer you may...
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