Archived
Can cap-exempt H1B extension be applied? Spent 6 years in the USA and current H1B extension denied and I140 is approved.
Ajay's answer
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Answered on July 30, 2018
Yes, any employer can file an H1B petition for you based on I-140 approval through Employer A. Although loosely called extension of H1B status...
Archived
Can a new employer file my h1b transfer while existing h1b transfer is in progress ?
Ajay's answer
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Answered on July 30, 2018
Under H1B portability rules you can work for Employer A because it filed an H1B transfer petition requesting extension of status for you within 60...
Archived
1. If I can go to India? Should I be with parent India company (who applied I140) only or can I change the employer?
Ajay's answer
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Answered on July 30, 2018
If the sponsoring employer continues to offer you "permanent" employment in the U.S. when the priority date becomes current and you apply for an...
Employment gap of few months, while on Employment based EAD
Ajay's answer
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Answered on July 30, 2018
If the period of unemployment happened after the filing of I-485 (it may also be overlooked for up to 180 days under sec. 245(k) if if occurred...
Archived
Shall I resign on transfer receipt (H1B transfer from employer to another) ?
Ajay's answer
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Answered on July 30, 2018
You do not want to be in a position where you have resigned from Employer A and Employer B's H1B petition is denied, esp. if your I-94 is expiring...
Archived
My company wants to promote me to a managerial position and file green card for me but I am on f-1 full time cpt is there anyway
Ajay's answer
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Answered on July 30, 2018
Even if you don't have the "big position" now but the company is offering it to you in the future (when you receive your GC) it can file a PERM...
Archived
Can I travel out of country while my H4 & H4 EAD application is filed & pending for approval?
Ajay's answer
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Answered on July 30, 2018
Travel outside the U.S. with a pending change or extension of status application will generally result in denial of the application.
Archived
When changing status from F-1 to TN, can a small company file the petition? Small size with 3 employee and me being the 4th empl
Ajay's answer
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Answered on July 30, 2018
Company size in terms of number of employees or revenue figures is immaterial wrt TN status and in general these figures are not disclosed if...
My H1B Amendment got denied, how long Can I stay in USA? My Visa valid till Aug2020. Can I move to my previous location ?
Ajay's answer
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Answered on July 30, 2018
Ideally you would have waited for the employer's amended H1B petition to move to a different client location (esp. if outside "commuting distance"...
Archived
H1 transfer with valid I-94 till Sep 2019
Ajay's answer
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Answered on July 30, 2018
If you continue your employment with Co. A throughout, even if Co. B's H1B petition is denied it will not affect the maintenance of your H1B...
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