For green card, can priority date be retained if I leave within 180 days of I140 approval, and company withdraws petition?
Ajay's answer
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Answered on October 16, 2018
The priority date will be retained. However, if revoked within 180 days of approval, it cannot be used for H1B transfers beyond 6 years, and for...
Archived
How’s this situation will affect my 10 years green card process? ?
Ajay's answer
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Answered on October 16, 2018
You were married less than 2 years when you received your green card. Look closely, it should be valid for 2 years and not 10 years.
The...
Archived
Employer mentioned "sr.manager" on my offer letter and "analyst" as the title on the LCA. Is this a fraud?
Ajay's answer
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Answered on October 16, 2018
If you examine copy of the H1B petition (Form I-129 and supplements) filed by your employer, I suspect you will find that your employer used the...
Archived
I94 Expired - H1B Ext denied - can i work with new company with Pending Petition?
Ajay's answer
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Answered on October 16, 2018
Co. Y filed its H1B transfer petition requesting extension of status prior to your I-94 expiration date. Thus, you can be employed by Co. Y under...
Archived
Can I change job while my EAD is still in process - H1B to marriage based and H1B expiring soon?
Ajay's answer
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Answered on October 16, 2018
You should wait for EAD, unless the new employer is willing to file an H1B transfer petition no later than I-94 expiration date.
The USCIS will...
Archived
H1b Cap exempt query?
Ajay's answer
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Answered on October 16, 2018
You appear to have been physically present in the U.S. in H1B status for only one year. There is a 6 year aggregate limit in H1B status with...
Archived
How much unlawful presence have i accrued and will it affect my future visa applications?
Ajay's answer
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Answered on October 16, 2018
You are not subject to the 3/10 year bars to entry as the unlawful presence was only for a few days starting from date of denial of the timely...
Archived
Can I enter the h1b visa lottery in April if I am in my 60 day grace period after completing OPT?
Ajay's answer
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Answered on October 15, 2018
An H1B petition can be filed if the 60 day grace period after OPT expiration does not end earlier than the beginning of April. You can remain...
Archived
Which one is better - H1B Extension vs Dependent EAD?
Ajay's answer
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Answered on October 15, 2018
It is better to maintain H1B status and not rely on EAD for employment. If I-485 is denied, you will not be required to depart the U.S.
Archived
Will my eb2 priority date continue to be valid if I resign from my current job in the US and relocate to India for few years?
Ajay's answer
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Answered on October 15, 2018
The I-140 approval(s) remains valid for the purpose of priority date retention and H1B transfers in the future if visa availability is backlogged.
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