Archived
Is it too much to ask for preparing i140 and i485 applications while waiting for PERM results?
Ajay's answer
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Answered on October 11, 2018
Generally it makes sense to proceed step-by-step, and the attorney's compensation is probably also tied to that. The legal effort in premature...
Selected as the best answer
Archived
I have I140 Approved under EB2 (current employer, active and Ported from EB3) and I140 EB3 from previous employer(Revoked)....?
Ajay's answer
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Answered on October 11, 2018
The I-485 will be filed based on the EB2 position as the I-140 filed in EB3 category has been revoked by the employer. In any case, the priority...
Archived
Which i-94 will be Valid
Ajay's answer
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Answered on October 11, 2018
I believe both have potential to be valid, but employment must be consistent with the terms of the H1B petition which is the basis for that...
Archived
Can I qualify for an l-1 visa if I currently for the foreign parent company remotely from within the US while on an f-1?
Ajay's answer
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Answered on October 11, 2018
Employment with the foreign company must be physically outside the U.S. for at least one year in the three year period preceding admission to the U.S.
Archived
Labor Certfication
Ajay's answer
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Answered on October 11, 2018
If location is in the same MSA and otherwise no material changes and if Co. Y is a successor-in-interest, the I-140 petition that will be filed by...
Archived
Can I (currently on l1) change company with H1B receipt?
Ajay's answer
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Answered on October 11, 2018
The original H1B will be approved prior to the amendment. If approved granting change of status, you may work for the sponsoring employer as per...
What date should be present on the offer letter of the new H1B transfer?
Ajay's answer
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Answered on October 11, 2018
If there was a date on the offer letter on which your employment was expected to terminate, that may be noticed by the USCIS and given precedence...
Can i apply for h4 while waiting for my h1b approval?
Ajay's answer
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Answered on October 11, 2018
Yes, the H4 application can be filed while waiting for H1B approval. Ideally your I-94 has not expired when the H4 application is filed. If I-94...
Archived
Can I travel outside United States while my L2 EAD is processing?
Ajay's answer
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Answered on October 11, 2018
EAD is not "status" and thus the EAD application will continue to be processed by the USCIS if there is a departure from the U.S. after filing the...
Archived
I am a student visa holder and going to apply for 01. If the O1 is denied, can I stay as a student?
Ajay's answer
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Answered on October 11, 2018
Only if the O1 petition is approved by the USCIS with change of status would it "override" your current F1 student status. If not approved, you...
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