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Hi, I stayed on H1B for 5 years and 11 months and came back to India. Do I have to wait for one year to file a new H1B ?
Ajay's answer
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Answered on February 06, 2014
I agree with my colleagues. Your employer is unlikely to file an H1B petition for you requesting employment validity of one month. It might decide...
Archived
Can I file H1 from India and later come to US on H4 and then apply for change of status from H4 to H1 in US? Any restrictions?
Ajay's answer
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Answered on February 06, 2014
You are not required to be present in the U.S. when the company files its H1B petition.
It is OK to enter on your unexpired H4 visa if your...
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My question is regarding the H1B transfer procedure, I am thinking of getting a transfer done.
Ajay's answer
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Answered on February 05, 2014
In order to be granted extension of status, evidence of maintenance of current status must be provided. This is shown through recent pay stubs for...
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Any repercussions during 485 adj if underlying non-immigrant visa expires AFTER filing 485 for spouse under F2A category.
Ajay's answer
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Answered on February 05, 2014
If the I-485 was properly filed when the priority date was current, stay is authorized and EAD/AP can be availed even if visa dates have...
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If my H1 got approved this april 2014 can i stay and work till October with Valid L2 and EAD with out my Husband L1 in USA ?
Ajay's answer
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Answered on February 05, 2014
The length of the absence from the U.S. by the principal spouse (even if the principal spouse's employment in the U.S. has not been terminated) is...
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How many years can H1B visa be extended based on approved I-140 (with PD already current)?
Ajay's answer
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Answered on February 05, 2014
The key is that the PD is current. 3 year extension terms beyond 6 years based on I-140 approval by any company is not applicable when a visa is...
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Is it compulsory to work even after filing i485 or can I take break?
Ajay's answer
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Answered on February 05, 2014
I agree with Attorney Segal. Filing an I-485 application authorizes your stay in the U.S., and EAD/AP allow for employment and travel but are...
Archived
Spouse L2 status to H4 . My H1 approved and effective Oct 1 .H 4 app done on Oct 23 .Between Oct 1 and 23 is he out of status?
Ajay's answer
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Answered on February 05, 2014
Yes, there was a violation of your husband's status since your husband could not be in L2 status starting October 01 if you were in H1B status on...
H1B Amendment filed after 2months of joining date. Is it too delay?
Ajay's answer
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Answered on February 05, 2014
I agree with Attorney Segal. The employer should file its amended H1B petition ASAP. It is never too late to file.
As to whether your employment...
Archived
H1b
Ajay's answer
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Answered on February 05, 2014
Actually, since your I-94 has expired, you are unlawfully present from the date of denial of the H1B petition requesting extension of status,...
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