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Kamlesan Naidoo

Kamlesan Naidoo’s Answers

143 total


  • How much gap is legal between two different employments on H1B Visa?

    Am currently on H1B Visa employed by Company X and Company Y has offered me a job starting Aug 8th 2016; hence, I have kept my last working day in Company X (current employer) as Aug 3rd 2016. a) Since there is gap of 5 days between my two emplo...

    Kamlesan’s Answer

    There is no authorized gap per regulations. USCIS has sole discretion on any break in the employer-employee relationship. This will also depend on the timing of your request for change of employer. Your employer's attorney should be able to provide you with a chronology of filing dates and USCIS action on your case.

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  • I-140 approved now what ? how long does it take to get my GC?

    My I-140 is approved and my priority date is august 2014 can anyone please estimate the timeline for me I am aware few changes happening but dont know much about that

    Kamlesan’s Answer

    Some critical details are missing, such as preference category, country of birth and whether or not you filed your I-485 concurrently with the I-140. www.uscis.gov has the most recent processing times for pending cases. You should be able to get an idea of timelines from here.
    If your company used an attorney, contact them and they should be able to assist you.

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  • Out of status in L1 or H1 ?

    My L1 Petition with Company A was expired on 04/01/2015 (Completed my 5Yrs). My last day with company A is 03/01/2015. My H1 petition was approved in 2014 thru Company B, . But I never joined Company B, due to the 2 yrs bond which my company B was...

    Kamlesan’s Answer

    You should consult with an immigration attorney as more details are needed to analyze your situation. First, it depends on whether your H1 petition requested Change of Status or provided for consulate notification. Without knowing that, it is too complicated to analyze the various scenarios you possibly face in this forum. Gather all relevant immigration documents and consult an attorney prior to leaving the country.

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  • Is there a grace period after 6-year H1B?

    My H-1B is going to expire mid-May 2015. Is there a 10-day grace period after 6-year H-1B? If yes, can I continue to work for my employer during this grace period?

    Kamlesan’s Answer

    There is no statutory 10 day grace period. Any employment has to be authorized by USCIS. The only way to work beyond your initial 6 years would be if you either the beneficiary of a PERM case filed prior to the end of your 5th year in H-1B status (eligible for 1 additional year of H-1B status) or an I-140 approved before the end of your 6th year (eligible for 3 additional years of H-1B status) . Even with either of these conditions existing, your employer would still need to request an extension beyond your initial 6 years in H-1B status prior to the expiration of the initial 6 years.

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  • Is my old 140 which I ported is still valid?

    I have my 140 approved with my old employer and when I moved to new employer I had my old 140 PD ported.So if I move back to my old employer will my old 140 is still valid ? My old employer didn't revoked or cancelled the 140 till date.Please advi...

    Kamlesan’s Answer

    Porting the date of a previously approved I-140 to a new I-140 does not by terminate the case. If a valid offer of employment still exists between you and your previous employer, then you should not have any issues.

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  • Q-Can immigration lawyer help to process the case file faster else how can the lawyer help ?

    i am from India . My status is F3 category I need to understand the processing system my email sharvani0526@yahoo.co.in

    Kamlesan’s Answer

    An experienced immigration attorney will know how properly prepare and file any petition. That experience in having previously filed similar cases, knowing the required documentation to provide and dealing with any issues that might arise will result in a case being processed smoothly and with fewer delays.

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  • Is my wife able to remain in the USA based on a I-797 approval even though her visa has expired?

    We are on working Visa's - her actual visa expired March 9th 2015, however she has an I-797A - notice of action approving her to continue working (issued Dec 8th 2014 and valid from 3/10/15 through till 9/7/17) Can she remain in the US and wor...

    Kamlesan’s Answer

    If the expired visa that you are referring to is the one in her passport, issued by a US Consulate, then she is fine to remain in the US until the period authorized on her I-797A. The visa issued by the consulate provides a window of time in which you can travel to and enter the US. The I-94 issued upon entry, or with a timely filed request to extend/change your status, determines how long you may remain in the US and in what status.
    The next time she leaves the US though, she will need to visit a Consulate and obtain a new entry visa prior to returning to the US.

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  • I-140 Priority date porting to new employer good idea or not

    Hi, I am in a unique situation I have my Approved I-140 from employer A with priority date 2013. At this point i am working for employer B and my Perm is Approved. My employer is ready to apply my I-140. The question I have is what happens to m...

    Kamlesan’s Answer

    • Selected as best answer

    Porting the date to a new petition does not result in cancellation of the previously approved petition. The only way that an approved petition is terminated would be the sponsoring employer revoking it. Both petitions would continue as active if both employers take no action and leave them.

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  • Can I still use my maiden name when filing for my husband (spouse visa)

    I am a US citizen, and got married last Jan 2015 in the Philippines. I already have the marriage certificate and necessary documents to petition my husband. I haven't change my lastname to my husband's last name on my US passport, SS #, driver's ...

    Kamlesan’s Answer

    If you have retained your maiden name, which is not uncommon, then there should not be any issue filing for your spouse using your current name. Congratulations.

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  • Is he safe to travel on Advance Parole. Will there be a problem with re-entry?

    My husband and I got married in March while he was on a tourist visa valid for 5 years(I am a US citizen). His I 95 expired in July. Our receipt for adjustment of status states a September 29. He has now had his biometrics and has received his EAD...

    Kamlesan’s Answer

    My simple answer would be to not travel until your spouse has his residency card in hand. I am not sure if you filed on your own or through an attorney. Either way, a well informed immigration attorney would have explained your travel restrictions/limitations to you. The immigration process can be lengthy but unfortunately, sometimes you have to forgo the present options and keep the big longterm picture in view.

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