Changed F1 OPT to H4 status and H4 EAD. Got H4 EAD RFE . .Can my spouse continue to work on F1 OPT now ?
Ajay's answer
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Answered on October 17, 2018
According to last action rule, your wife is no longer in F1 status. STEM OPT is dependent on F1 status.
The USCIS is not required to approve the...
Archived
How to file a petition for a candidate whose admitted H1B is not activated ?
Ajay's answer
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Answered on October 17, 2018
This is a tricky situation and uncharted territory. Change of employer vs. new employment, and requesting extension of status vs. change of status...
Archived
Can I work for 2 employer on H1b?
Ajay's answer
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Answered on October 17, 2018
If you have the stamina and the ambition to work two full-time (35+ hours per week) jobs as per associated H1B petition of each employer, there is...
Archived
Ported from eb3 to eb2, if my date becomes current in eb3 shall i use eb3 I-140 to file I-485.
Ajay's answer
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Answered on October 17, 2018
The I-140 petition in EB2 should have its priority date stated on the I-797 (I-140 approval notice) and hopefully it is the same as the EB3...
Archived
I-485 Adjustment of Status interview after visa overstay?
Ajay's answer
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Answered on October 17, 2018
If the only issue is overstay/status violation (even over many years), marriage to a U.S. citizen is not a bar to adjusting status. Research...
Archived
If my H1B transfer gets denied, would my marriage AOS keep my status legal until the arrival of my EAD (via the marriage)?
Ajay's answer
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Answered on October 17, 2018
If you want to do everything "by the book" then the one-step marriage sponsorship paperwork should be filed within 60 days of employment...
Archived
H1B transfer filled on a Tuesday and my last working day with my previous employer was on previous Saturday?
Ajay's answer
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Answered on October 17, 2018
You do not even need to rely on any discretionary "grace" period from the USCIS. I do not see any violation of status whatsoever.
Archived
How will USCIS will take a decision, if my current employer files H1B amendment & new employer files H1B transfer?
Ajay's answer
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Answered on October 17, 2018
The USCIS will adjudicate each petition independently of the other, and Employer A will not be notified by the USCIS that Employer B (or...
Archived
Does my employer need to file LCA and H1B Amendment for the below scenario ?
Ajay's answer
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Answered on October 17, 2018
More than one location can be included on the LCA, and the H1B amendment should be filed with an itinerary that supports the LCA.
Can I change from H1B to F1 while my PERM application is pending?
Ajay's answer
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Answered on October 16, 2018
The question regarding whether an immigrant petition has been filed can be truthfully answered "no" as the PERM application is not technically an...
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