Archived
Can i file a COS from H4 to H1B if i find a job while my H4 app is pending?
is it possible since i used all the 6 yrs on H1B?
Donald's answer
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Answered on April 05, 2016
My concern is even if the I-140 remains valid, but you are no longer in H1B status if you can return to a 9th year H1B. So, it may be better to...
Archived
Having a green card, if I change my working physical address, do I require to do any amendment (as it happens with the H1B)?
Donald's answer
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Answered on April 05, 2016
You may work anywhere for any employer with a green card.
Archived
Having a green card, is there a requirement to work from a particular physical location (as the address in the LCA for an H1B)?
Donald's answer
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Answered on April 05, 2016
A PERM application is for employment in a specific geographic area similar to an LCA. A green card in hand is open employment anywhere.
Archived
Having a PERM approved, for starting the I-140 and I-485 petitions and until it gets approved, do I need to be present in the US
Donald's answer
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Answered on April 05, 2016
You need to be present in the US to file the I-485. You need not be present in the US for the company to file the I-485. It depends on other timing...
Can I apply for citizenship after my petty theft case was dismissed(probation over, no other criminal history)?
Donald's answer
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Answered on April 05, 2016
A dismissed petty theft may not be a CIMT, but it still may be considered. Review this with your immigration lawyer.
Archived
Is it possible to apply for my spouse's H4-EAD with the H1-B transfer petition, with my previous employer's I-140? Recommended?
Donald's answer
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Answered on April 05, 2016
The H4 EAD is relatively new. The H4 EAD FAQ does not address the issue of a prior employer's I-140 withdrawal. An H4 EAD after withdrawal may be...
Archived
Do I need to take vacation whenever I am not in the LCA area included in my H1B? Does that include when being abroad?
Donald's answer
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Answered on April 05, 2016
Are you asking if you are to be unpaid when benched? The issues you raise may be complex and needs to be discussed with an attorney with all the...
Archived
Can my employer file for her H4-EAD with h1 transfer or we can apply after transfer or we need to wait for new GC ?
Donald's answer
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Answered on April 05, 2016
your new employer may file the H4 with EAD with your H1B.
Archived
Can i still renew my DACA even if i have a misdemeanor? I was involved in a fight i got charged with 243.8 battery.
Donald's answer
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Answered on April 05, 2016
the question will be what documentation you submit to show it is not to be considered a significant misdemeanor.
Archived
Will change of job role will impact while porting GC priority date with new company.
Donald's answer
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Answered on April 05, 2016
You get to keep your EB3 priority date. You will need a new PERM / I-140 to receive a green card. You should have an understanding if your EB3...