Archived
Is premium processing a requirement for H1B amendment filing when an earlier amendment filing is pending decision?
Donald's answer
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Answered on April 30, 2016
I first question whether an amendment is required. Amendments may be required for geographic moves outside the original H1B MSA of the LCA....
Archived
If H1B amendment is denied - 1) can i continue to work under original LCA 2) Can I work for other employer on H1 transfer?
Donald's answer
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Answered on April 29, 2016
You are employment authorized at the work site upon the employer's filing of the amended petition.
Archived
Can a 2nd company file H1B transfer when my H1B extension with the current employer is in review with the USCIS and I94 expired
Donald's answer
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Answered on April 29, 2016
As second company may file a transfer petition. Their petition is approveable independent of the pending H1B. An extension of your H1B stay, not...
I-140 Amendment in Premium after Successor in Interest and H4 EAD for Spouse.
Donald's answer
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Answered on April 29, 2016
You may file with the previously approved, un-revoked, I-140 and need not wait your employer's amended I-140 petition approval.
Archived
How can I start a venture (LLC or otherwise) on H1B? Can I hold 95-100% of the firm although somebody else is operating it?
Donald's answer
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Answered on April 29, 2016
You may start a venture (LLC or otherwise) on H1B as a passive investor. Contact a business attorney and immigration counsel to assist you.
Mr....
Archived
Question about form I-864A
Donald's answer
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Answered on April 29, 2016
the form I-864A is for the sponsored household member information.
Archived
What are the advantages or disadvantages to apply for advance parole for a second time? Even if it's for the same reason?
Donald's answer
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Answered on April 29, 2016
You may apply for advance parole again if you qualify. If you have traveled and returned on AP you do not need to do so again for adjustment of...
Archived
What is the possibility to our case(F4) get grant for visa if primary petitioner died ??
Donald's answer
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Answered on April 29, 2016
204(l) permits petitions to continue validity following the death of the petitioner if a beneficiary resided in the US at the time of death. A...
Archived
I would like to extend my stay in the US and I'm not sure if it is at all possible
Donald's answer
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Answered on April 29, 2016
You entered the US on the visa waiver program. There is no legal way to extend your stay in the US as a visitor. You may depart the US and present...
Archived
Do I have to leave the US to apply for an EB-1 visa?
Donald's answer
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Answered on April 28, 2016
it appears you are out of status and you must be in status to adjust status to a green card based upon EB1.
Your EB1 may be approved, but you...