Skip to main content
Ekaterina L Powell

Ekaterina Powell’s Answers

221 total


  • What is the eligibility criteria for a person with L-1A visa(under functional management) to be considered for EB-1 category?

    Eligibility for EB-1 green card processing.

    Ekaterina’s Answer

    eligibility criteria for EB-1 are very similar to L-1A but the success of the process is dependent on how the U.S. business is developed, the number of employees, your role and job duties, etc. EB-1 has a tougher standard in adjudication.

    See question 
  • Will I be eligible for the H1B extension through the new employer? What are my options to work beyond the 6-year term?

    I am an Indian citizen currently on a non-immigrant H1B visa. My 6-year term of H1B work authorization expires in Mar 2017. My EB-2 based I-140 was approved last month. Towards the end of the 6-year term my employer will file for the extension ...

    Ekaterina’s Answer

    You may use approved I-140 with the first employer to get H-1B for another 3 years with the second employer. However, your new employer will need to refile for green card for you (PERM and then I-140 keeping your previous I-140 priority date).

    See question 
  • Did my husband need to let uscis know about the criminal tickets even if its been over 5 years? Can these tickets cause denial?

    My husband applied for the N 400 citizenship application. He had his interview passed his test but the IO could not determine a decision because my husband has had some criminal traffic tickets (speeding, no DL) but have been taken care of the IO ...

    Ekaterina’s Answer

    IO has the discretion to look past the most recent 5 years. If your husband had only speeding tickets, it should not be a problem however.

    See question 
  • Can I submit I-140 application before applying 17 month STEM extension? Should I-140 application intervene my STEM extension?

    I have completed my PhD in mechanical engineering in August 2015 and now my status is F1- OPT. I would like to apply I-140 as a part of NIW application. My 12 month OPT will expire by 08/19/2015. I would like to apply I-140 by a month and STEM ext...

    Ekaterina’s Answer

    It may be safer for you to first process STEM extension and then apply for NIW. Also, any travel overseas while on F-1 having NIW pending may be problematic as officers at the border can always ask you questions on whether you have applied for an immigrant petition and then may refuse entry.

    See question 
  • Can I use Company A's approved i140 to file for GC thru company C ? since B has revoked i140

    I have worked for 3 employers A, B and C in last 4 years , Company C will be filing for my GC soon. I had i140 approved thru company A and then B used same Priority date to file my GC since A didn't revoke my i140. I got i140 approved thru B too. ...

    Ekaterina’s Answer

    You may still be able to use the priority date even if the petition was revoked according to the most recent USCIS trends. However, as my colleagues recommend, the company's counsel will be able to further assist you with this.

    See question 
  • Green card through US citizen children. I overstayed for 20 years on a visitor visa.

    Good day dear counsels. I came to the US legally with a visitor visa 20 years ago and have overstayed ever since. My daughter married a US citizen and she just became a citizen last year. Can she petition a green card for me even tho I have overst...

    Ekaterina’s Answer

    As long as you entered legally and there are no other inadmissibility grounds (such as criminal issues), you could adjust your status to a green card holder within the U.S. without the need to travel overseas to complete the process. However, it is definitely recommended that you speak with a lawyer before proceeding.

    See question 
  • B2 visa and having a baby in the US?

    My friend has a b2 visa and wants to have her baby in the US. She lives in Mexico. Her boyfriend is a US born citizen. Legalities on the scenario of having the baby in the US? Can her boyfriend setup a payment plan at the hospital for her? Does...

    Ekaterina’s Answer

    She can have a baby in the U.S. In fact, many people do that while on B-2 visa. The hospitals do not inquire about immigration status.

    See question 
  • Perm approved can I change employer

    My perm was filed 365 days before 6 yea h1b extension, can I get I year extension with new employer or I year extension has to be with current employer. how may times can I get 1 year extension If my perm is approved but I-140 is pending ca...

    Ekaterina’s Answer

    you can get an extension with the new employer. You can get 1-year extension multiple times. If PERM is approved but I-140 is pending and 365 days have passed since the filing of PERM, you can still get an extension.

    See question 
  • I applied for H4 change of status for my wife. She was on H1B and her 6 years expired.

    Now she is outside of country and waiting for approval. My attorney says, since she moved out of country, her application is void..Is it true?

    Ekaterina’s Answer

    I agree with my colleagues. Change of status application is irrelevant now since your wife left the U.S. She does not have to wait for the adjudication of COS anymore. She can go at anytime to a U.S. consulate with a copy of your H-1B approval notice, marriage certificate and other relevant documents to get H-4 visa in her passport and then she'll be able to return to the U.S. right away.

    See question 
  • Can the used car dealership sponsor me a green card?

    Friend of mine asked me today If I could work with him at the car dealership to bring him good cars and help him sell them to the customers. Is there any possibility that he could sponsor me a green card on his business?

    Ekaterina’s Answer

    it is hard to answer the question without knowing your education, experience and the financial position of the company. Generally, if the company is offering you a job in a related field and you have the necessary education and experience, then green card could be possible. However, it is not an easy process. To see if the company qualifies to sponsor green card, they need to prove ability to pay you the requisite wage. If they are serious about applying for you, you should ask an attorney to review their financial information to see if they could file for you.

    See question