Archived
Can I file an I-485 for my wife while we are waiting for her I-130 petition to be processed and approved?
Ajay's answer
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Answered on November 05, 2018
I-485 can be filed only when the priority date is current in the F2A family preference category. Or it can be filed when you become a U.S. citizen,...
Archived
Can I change my employer while H-1B transfer petition is pending?
Ajay's answer
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Answered on November 05, 2018
You can join B and it will not affect C's pending H1B petition, which will be approved on its merits. If both B and C are approved, you can...
Archived
Status change from F1 to H1B?
Ajay's answer
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Answered on November 05, 2018
If you never departed the U.S. and the denial of change of status appears to be a USCIS error, the attorney-on-record should follow up with the...
Archived
Hi, My H1b petition is denied on Oct 30 and I94 expired on sept 21.
Now Can I transfer to other company and file new petition?
Ajay's answer
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Answered on November 05, 2018
With the expired I-94 and no pending H1B petition requesting extension of status, you cannot benefit from H1B "portability" provisions. You do not...
Archived
Can my wife and I file for I-485 while my H1B extension is pending?
Ajay's answer
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Answered on November 05, 2018
With a timely-filed pending Extension of Status (EOS) application, Adjustment of Status application may be filed after nonimmigrant status expires....
Archived
Can i get a green card if i have worked on side job while in L1b visa? Section 245(k) applicable if it is less than 180 days?
Ajay's answer
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Answered on November 05, 2018
The 2 day violation of status will be cured by citing sec. 245(k) to the USCIS in case of any issue.
Archived
Can I travel outside US while my H1-B visa extension application is in process?
Ajay's answer
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Answered on November 05, 2018
There is never a problem departing the U.S., but the pending H1B petition will be affected with respect to consular processing vs. extension of...
Archived
Can i spouse use the original EB3 I140 for filing adjustment of Status ? She ported from Eb3 to Eb2 in bewtween.
Ajay's answer
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Answered on November 05, 2018
I-485 adjustment of status application should be filed with the accompanying I-140 approval in EB3 category only if it is anticipated that...
Archived
H1b visa stamped till sep 2020 never travelled cap exempt applied if it gets approved should I go visa stamping again?
Ajay's answer
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Answered on November 05, 2018
The previous H1B visa from Co. A is valid. Carry copy of the I-797 (H1B approval notice) of Co. B when entering the U.S. if the intention is...
Archived
Visa validity after i94 expiry and extension denial
Ajay's answer
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Answered on November 05, 2018
Your employer may file another L1A petition, or may appeal (or both) but you will need to depart the U.S. as your status is currently not...
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