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I have got I140 approved on EB1C. I had applied for I 140 alone and now plan to apply for I485. My co is filing for bankruptcy..
Erik's answer
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Answered on October 03, 2012
The short answer is probably not, although you would be well served to have your situation examined fully by an attorney. Had you filed an I-485...
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Can L2 visa + EAD Holder with valid dates continue to work even if L1A visa holder returns to home country?
Erik's answer
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Answered on October 01, 2012
Probably not - your wife's L-2 status is entirely dependant on your maintenance of the L-1 status . If your company reassigns you outside of the...
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My 5 Years Time Limit on current L1B will be expired on 10/30/2012, can my employer apply for new H1B in April 2013.
Erik's answer
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Answered on October 01, 2012
Your understanding is correct. You might also consider an absence from the US for a complete year which would entitle you to a fresh 6 years on...
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Applying H1 while I140 pending
Erik's answer
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Answered on October 01, 2012
Under current USCIS policy, you can re-enter the US on your valid AP and still maintain (and later extend) the H-1B visa. That said, it is...
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Can l2 visa holder stay and work in US without l1 visa holder in US
Erik's answer
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Answered on September 23, 2012
It really depends on the nature of the transfer and whether it is incidental to his employment in the US on L-1 status. If your husband's transfer...
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I'm left with 5 months in my current H1b with Labor and I140 approved.If I transfer to new employer will I get 3yrs on my new H1
Erik's answer
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Answered on September 23, 2012
You could possibly be eligible for the 3-year extension provided that your sponsoring employer does not formally withdraw your approved I-140. ...
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H1b resign and then relcation back after 1 year , do i come under quota ?
Erik's answer
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Answered on September 18, 2012
As long as you were counted against the H-1B cap for a given year, a new petition filed on your behalf should be expempt from future caps. I...
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I am the primary with I-485 pending. Spouse is H1-B also, but will not work after 2 weeks. Will my spouse be in "out of status"?
Erik's answer
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Answered on July 26, 2012
If your husband has a pending I-485 application with you, then he can technically remain in the US legally without an H-1B or H-4 visa pursuant to...
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L1B to H1B without living in US? Is it better to go for H1B from scratch?
Erik's answer
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Answered on June 20, 2012
The annual cap for the H-1B visa category has been reached for Federal Fiscal Year 2013 (beginning October 2012). As such, an H-1B visa will not...
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Archived
I am now in 6th year of my H1B Visa, Visa valid till May 2013. I have approved I-140 GC process.
Erik's answer
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Answered on June 13, 2012
Technically, the I-140 approval must remain valid for you to extend the H-1B visa beyond the sixth year limit. Put another way, if the I-140...
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