Questions answered by Tripti Sharma

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H1 B

Tripti's answer | Answered on March 14, 2013

1) No. 2) My understanding is that the company will not seek change of status within a month of your entry on H-4, that is why they are having you...

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H1B petition approved (I-797). But the employer must wait to hire the employee because of no jobs.

Tripti's answer | Answered on March 14, 2013

There must be a bona fide opening when the petition is filed. If later the company decides to postpone the start date, they can wait and ask you...

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I want to apply for change of status from h4 to h1. But I don't have pay stubs of my spouse.

Tripti's answer | Answered on March 14, 2013

Your company's attorney will be the best guide in filing this petition in your behalf. Submit the paperwork to the attorney and they will file the...

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H4 to H1b transfer, didn't join in job due to pregnancy for 6months. Am i out of status? Should i file for COS to H4 again?

Tripti's answer | Answered on March 14, 2013

Consult with an experienced immigration attorney to discuss the option of seeking COS vs. consular processing.

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Gap between joining new employer

Tripti's answer | Answered on March 14, 2013

As long as the petition is filed before March 26 and USCIS approves the extension, you should be fine. Ensure the petitioning attorney is aware of...

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Can dependent on L2 visa stay longer than the L1 visa holder while the visas and I-94 are still valid?

Tripti's answer | Answered on March 13, 2013

L-2 is for follow-to-join L-1 spouse. If you are quitting your job and returning to your home country, your spouse should live with you.

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Filing H1B from the employer who did not file any H1 in last 2 years. Any negative impact?

Tripti's answer | Answered on March 13, 2013

There is no requirement that a company file H-1Bs every year. There are other criteria that a petitioning company must meet before they file. I...

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I-140 approved with current employer under EB3. Do I have to wait for any specific no. of days before moving to new employer?

Tripti's answer | Answered on March 13, 2013

Unless the I-485 is filed and pending for 180 days, you cannot "port." To adjust based on your new employment, your employer will start the...

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F1 out of status (less than 1 month to the filing day) eligible for GC through marriage?

Tripti's answer | Answered on March 13, 2013

If you intend to reside with your USC spouse in the U.S., simply apply for residency. Consult with an experienced immigration attorney to ensure...

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H1-B extension denied Oct 30, 2012. How much time allowed so as not to overstay?

Tripti's answer | Answered on March 13, 2013

There is no grace period after denial. Though you will not be subject to the bars, all future visa applications will be scrutinized heavily by CO...

Tripti Sharma's Answers (52227)

H1 B

H1B petition approved (I-797). But the employer must wait to hire the employee because of no jobs.

I want to apply for change of status from h4 to h1. But I don't have pay stubs of my spouse.

H4 to H1b transfer, didn't join in job due to pregnancy for 6months. Am i out of status? Should i file for COS to H4 again?

Gap between joining new employer

Can dependent on L2 visa stay longer than the L1 visa holder while the visas and I-94 are still valid?

Filing H1B from the employer who did not file any H1 in last 2 years. Any negative impact?

I-140 approved with current employer under EB3. Do I have to wait for any specific no. of days before moving to new employer?

F1 out of status (less than 1 month to the filing day) eligible for GC through marriage?

H1-B extension denied Oct 30, 2012. How much time allowed so as not to overstay?