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Pls let me know if i am on H1B, i don't file extension I-589 for my wife who is on H4..Will she becomes illegal?
Ajay's answer
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Answered on January 15, 2014
Your wife signs the I-539, not you, and not your employer.
She must extend her status prior to expiration. Otherwise she will accumulate...
Archived
L1A to H1B Transfer and GC Processing Queries
Ajay's answer
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Answered on January 15, 2014
Direct all questions to Employer B's attorney, who is best placed to advise you as they have your documented immigration history. If completely...
Archived
I am a US Worker, after an EB1 individual approval. Can a hospital hire someone less qualified on a Visa over me?
Ajay's answer
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Answered on January 15, 2014
The hospital is not required to employ the best qualified individual.
As you now have an EAD, if you believe that you are in a "protected class"...
Archived
I have graduated from school and am now working for a large company who are going to sponsor my quest for a work visa.
Ajay's answer
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Answered on January 15, 2014
Your company should file the H1B petition on April 01. The requested employment validity date will be October 01.
You should be directing these...
Archived
Can an f2a 1-130 while waiting for the approval apply a student visa?
Ajay's answer
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Answered on January 15, 2014
It depends on her current status in the U.S. whether she can change to F1.
As a practical matter, consider only private schools, as public...
Archived
Valid H1B getting married with a US citizen. Can I go abroad after marriage without filing anything?
Ajay's answer
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Answered on January 15, 2014
Yes, it is OK to travel and enter on an unexpired H1B visa if you are maintaining H1B status and plan to continue employment with the H1B employer...
Archived
If my motion to reopen succeeds in Apr 2014, for an H1B petition filed for Oct 2013, would the end date be Oct 2016 or Apr 2017?
Ajay's answer
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Answered on January 15, 2014
You cannot remain legally in the U.S. based solely on the filing of a motion. If the motion succeeds, any violation of authorized status based on...
Archived
This varies from case to case, but how often do H1B motions to reopen succeed? And is the ETA 60 days from receipt of motion?
Ajay's answer
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Answered on January 15, 2014
Motions do not often succeed unless there is clear USCIS error in law or facts (and even then the record is not great).
In most cases it is...
Archived
Does it affect the immigration process If we decide to only take ONE of his two last names after marriage?
Ajay's answer
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Answered on January 15, 2014
The full name of the child on the birth certificate does not affect anything, as long as the names of both parents are stated on the birth...
Archived
Applying for Adjustment of Status through Marriage to a U.S. Citizen. is copy of both driver licenses required?
Ajay's answer
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Answered on January 15, 2014
It is not required, but hopefully this is not the only evidence showing joint residence, co-mingling of assets, and public declaration of marriage.
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