Archived
Can same Employer refile H1B Transfer for the same candidate whose transfer petition got denied recently?
Ajay's answer
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Answered on August 11, 2018
Your uninterrupted employment with Employer A is insurance that you continue to maintain H1B status. Employer B's H1B petition is likely to be...
Archived
When can my employer apply for h1b if my OPT EAD expires in april 19 2019?
Ajay's answer
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Answered on August 11, 2018
The H1B petition must be filed within the first 5 business days of April to be given equal consideration within the anticipated visa lottery. If...
Im a F1 student, should i apply for an h1b first or go directly for eb2 or eb3 green card sponsorship ?
Ajay's answer
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Answered on August 11, 2018
The employer can support for both H1B at the beginning of April, 2019 as well as starting the GC process through PERM and then I-140 anytime. The...
Archived
Can we stay in US lawfully, how to change the status from L1/L2 to EAD/AP?
Ajay's answer
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Answered on August 11, 2018
I agree with my colleague, the I-485 filing is valid even with subsequent visa retrogression. The reason for denial would need to be studied by...
Archived
Can my fiancé file form I-539 to change her status from J1 to tourist visa?
Ajay's answer
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Answered on August 11, 2018
There may be benefit to filing the sponsorship paperwork (assuming marriage to a U.S. citizen) even after the 30-day grace period for J1 status vs....
Archived
How Wage level 4 is justified?
Ajay's answer
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Answered on August 11, 2018
I am unaware of any RFE issued on the basis that the wage being paid to a foreign worker was too high. The purpose of the prevailing wage is to...
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Archived
Can dependants be added to green card process anytime during adjustment of status?
Ajay's answer
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Answered on August 11, 2018
Yes, dependents can be added but more information is needed to determine if you are able to file adjustment of status (ex: are you currently in the...
Cross-chargeability for AOS I-485 GC
Ajay's answer
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Answered on August 11, 2018
Yes, you benefit from your spouse's cross-chargeability and therefore both adjustment of status applications can be filed when the PD stated on...
Archived
L1-B & L2 to EB-3 Green Card - 245(k) for spouse?
Ajay's answer
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Answered on August 11, 2018
Yes, the spouse and minor children also benefit from 245k. It provides protection when adjusting status but does not green-light status violations...
Archived
Can i file h1b extension with premium before 6 months of my expiration date on august 2019?
Ajay's answer
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Answered on August 10, 2018
If the H1B petition is being filed through another employer, then the H1B and H4 can be filed together now through premium processing, but the EAD...
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