Archived
Would my new employer's H-1B petition be considered as Cap-Exempt, as i got Blue Slip 221g for my First petition?
Ajay's answer
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Answered on August 08, 2018
Ideally you would be in H1B status in the U.S. with Employer A for Employer B's H1B petition to be exempt from the visa cap. However, it is...
Can i still eligible under F4 category if my CPSA age also goes above 21 ?
Ajay's answer
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Answered on August 08, 2018
Your CSPA age is 21+, as your current age of 26+3 months does not reduce to under 21 when the time that the I-130 petition was pending with the...
Change from F1-Visa to J2-EAD Visa?
Ajay's answer
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Answered on August 08, 2018
You can continue to work with unexpired OPT if you are maintaining F1 status, but must cease employment upon approval of the application changing...
Can I still work on L2 with an expired EAD, but valid I-797, I94 & a pending EAD renewal application?
Ajay's answer
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Answered on August 08, 2018
The "immigration specialist" is wrong, unfortunately. L2-EAD does not allow for employment after expiration while waiting for approval of the...
Archived
Can filing just form i130 and i130a alone slow your case down?
Ajay's answer
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Answered on August 08, 2018
It will probably take around one year, perhaps longer, for approval. If your spouse is a U.S. citizen, adjustment of status package could have been...
Archived
Can spouse apply for naturalization through marriage (I am a US citizen) 90 days before 3rd marriage anniversary?
Ajay's answer
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Answered on August 08, 2018
If residing with your U.S. citizen spouse, apply for naturalization no more than 90 days prior to 3 year anniversary from the "resident since" date...
I485J not signed by lawyer
Ajay's answer
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Answered on August 08, 2018
The I-485J is signed by both the employer and the beneficiary. The attorney preparing the I-485J can represent both parties and if the form was...
Archived
How many paystubs are required for H1B Transfer?
Ajay's answer
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Answered on August 08, 2018
If currently in H1B status, and the H1B employer has been acquired by another company, an amended H1B petition may be required. There is no minimum...
Archived
After I-130 is approved, can I wait for the immigration process inside the United States?
Ajay's answer
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Answered on August 08, 2018
A clear intention to immigrate to the U.S. is inconsistent with entry on a visitor visa even if you were to wait 90+ days after entry for filing...
Archived
How is Prevailing Wage Determination (PWD) filing considered for redetermination?
Ajay's answer
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Answered on August 08, 2018
The employer should have filed a completely "clean" PWD application. It is taking around 3 months for a decision. Note that the employer should...
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