Archived
Can I apply for H1b petition without change of status (outside U.S) and enter as F1 student under OPT?
Ajay's answer
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Answered on February 24, 2014
The H1B petition can be filed in your absence as consular processing. You can enter the U.S. with an unexpired F1 visa in June or July as planned,...
Archived
Can a Unmarried Son over 21 years of age get Married after being approved for F1 I-130 filing?
Ajay's answer
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Answered on February 24, 2014
Yes, but there will be a conversion of categories to F3, which has a longer waiting period for the priority date to be current.
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Archived
Change of status approval date after expiration date of previous status
Ajay's answer
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Answered on February 24, 2014
You were in a period of authorized stay based on the timely filing of the change of status application. The approval notice (I-797) is not...
Form I-864. Will USCIS accept form 1040 and W2 form instead of IRS tax transcripts?
I-485
Ajay's answer
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Answered on February 24, 2014
Copy of the federal tax return for 2013 alone is fine along with W2 and recent pay stubs and an employment verification letter. The 2012 tax return...
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Archived
Is the petition nullified if the unmarried child older than 21 gets married before before the immigration visa has been issued.
Ajay's answer
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Answered on February 24, 2014
A LPR cannot sponsor a married child. Thus, if this scenario is applicable, the I-130 petition will be officially invalidated upon the child's...
Archived
Can I travel and re-enter to US when H1-B amendment is in process?
Ajay's answer
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Answered on February 24, 2014
Your travel should not impact approval of the pending H1B petition requesting amendment, because "extension of status" is not requested in an...
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Archived
Changing jobs when green card is already filed?
Ajay's answer
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Answered on February 24, 2014
The new employer can file its H1B petition requesting extension of status beyond the 6 year limit based on I-140 approval through any company....
I'm on H1B visa, and my I-140 got approved, can I start a company?
Ajay's answer
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Answered on February 24, 2014
You can open a business and be a passive investor, but activity beyond that could be considered unauthorized employment. Discuss with your current...
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Archived
Work green card. Can i change job after getting my work permit ?
Ajay's answer
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Answered on February 24, 2014
Once the I-140 is approved, and I-485 is pending for 180 days, it is OK to change employers within the same or similar occupational category, and...
Archived
How many days minimum required to change from H1 status to H4?
Ajay's answer
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Answered on February 24, 2014
Your application to change status to H4 must be correctly filed no later than your employment termination date. Evidence must be attached showing...
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