Archived
Withdraw pending concurrently filed I130 and I485 to leave the country. Is it possible to start from scratch?
Ajay's answer
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Answered on August 23, 2018
Although filed together, I-130 (unlike I-485) approval does not depend on presence in the U.S. or waiting for advance parole to be issued prior to...
I was late in filing for my child's green card renewal after he turned 14 in 2015?
Ajay's answer
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Answered on August 23, 2018
Your son will not "lose" his LPR (lawful permanent resident) status, it is just that the card will not serve as evidence of LPR status for purposes...
Archived
My h1 is approved this year and from oct 1st I will be on H1. Can I do a H1 transfer to another employer on oct 2nd or how soon
Ajay's answer
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Answered on August 23, 2018
It is recommended to be on the payroll of the employer A for at least a short while effective October 01 at time of employer B's filing its H1B...
Archived
Can I change my J1 visa to H1B visa? I have the 212(e) rule
Ajay's answer
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Answered on August 23, 2018
You cannot change to H or L visa category from J1 status that is subject to the 2 year home country requirement without a waiver of the 2 year home...
Archived
Add wife information while doing H1B transfer?
Ajay's answer
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Answered on August 23, 2018
The spouse's information is not needed for H1B transfer, but the employer or attorney may have other reasons for asking. Ex: if the spouse is a...
Archived
Will I need to revoke my H4 extension which is in process as my change of status H1b petition got approved ?
Ajay's answer
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Answered on August 23, 2018
The employer did not sign the H4 application, you signed it and as the applicant have the right to request the USCIS for withdrawal of the pending...
Archived
To get work authorization as the spouse of an Australian citizen, do I need to be physically in the US in E-3 status?
Ajay's answer
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Answered on August 23, 2018
You must be in E3 visa status on the day that the EAD application is filed and continue to maintain E3 status while present in the U.S. for the EAD...
Can I be self employed under EAD category C09P?
Ajay's answer
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Answered on August 23, 2018
You can work elsewhere than the H1B employer on EAD, but if adjustment of status application is denied for any reason, future H1B petition...
Archived
I want to go back on my H1 from my H4 Ead? How do i check my status.
Ajay's answer
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Answered on August 23, 2018
You should be able to change back from H4 to H1B status with the support of an employer unless you have reached 6 years aggregate in H1B status...
Archived
H1B Approved, Enrolled in Ph.D.
Ajay's answer
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Answered on August 23, 2018
You are covered under cap gap only if the H1B petition requested change of status. Discuss the H1B approval with your current immigration attorney...
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