Archived
My I-94 Expired in March 2018 and 240 days after I-94 Expiry will be in Nov 2018 .Can I apply for H1B transfer to employer2
Ajay's answer
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Answered on October 21, 2018
You could work for Employer2 upon receipt of its H1B petition with the USCIS, but its H1B petition will be approved by the USCIS granting extension...
Archived
What are my options if my H1b transfer gets denied when I had already started working with that company with the Receipt number?
Ajay's answer
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Answered on October 21, 2018
I would recommend employment with Co. A until such time as Co. B's receipt notice is issued. Then if Co. B's H1B petition is denied there may be a...
Archived
How about the Automatic extension of EAD?
Ajay's answer
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Answered on October 21, 2018
If EAD renewal is based on adjustment of status filing, the 180 day extension through timely filing controls. If H4 or L2 EAD, there is no...
Archived
Can I change my employer, while there was a sworn statement included in I-140 RFE?
Ajay's answer
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Answered on October 21, 2018
The sworn statement must be truthful on date submitted. If circumstances have changed, the benefits of AC21 allowing for change of employer with...
Archived
I am applying for L1A amendment along with an extn. Is it safe to apply in USCIS or abroad. Pls. advise
Ajay's answer
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Answered on October 21, 2018
The Consulate will not issue an L1 visa without a valid and unexpired USCIS approval notice (I-797) and the visa will be valid only until the...
Archived
H1b married US citizen and going for h1b stamping when to apply for GC?
Ajay's answer
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Answered on October 21, 2018
H1B visa allows for intention to immigrate to the U.S. so there is no advantage in applying for the visa prior to sponsorship.
Your best option...
Archived
Denied COS after 1 year. Am I subject to 3 year ban?
Ajay's answer
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Answered on October 21, 2018
Am I correct in assuming that the COS was from J1 to F1?
F1 has "special" rules that must be strictly adhered to when changing status within the U.S.
Archived
My application for an O1B visa with change of status got denied: when did I start accruing unlawful presence?
Ajay's answer
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Answered on October 21, 2018
Accrual of unlawful presence from date of denial, assuming that the O-1 petition requesting change of status was non-frivolous and requested...
Archived
SOC Code change in new LCA
Ajay's answer
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Answered on October 21, 2018
An H1B transfer petition, or even an H1B petition requesting extension of status through the same employer, does not need to have the same SOC code...
Archived
What happens if an employee requests the original H-1B (top portion) that the employer is required to keep at the office?
Ajay's answer
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Answered on October 20, 2018
There is no violation if the employer does not keep the original top portion of the I-797. Keep a copy in the employee personnel file and allow the...
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