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07 Jul 2014

I got my H1B stamping refused with 212(a)(1). Can I continue working from India? What are my options? The refusal was due to misunderstanding with a doctor in India submitting a negative report to the consulate.

Answer Your question, technically is not an immigration question. The USCIS only controls your ability to live and work in the U.S. If you are outside the U.S. then you do not fall under their authority. Your question is more of a tax and corporate policy...

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30 Jun 2014

I am enrolled in a U.S. master’s program. If I transfer to different university after six months, would these six months count toward meeting the eligibility requirements for starting CPT?

Answer It is best to discuss these issues in detail with the DSO to make sure that everything is in order with CPT. But, if this is all the same course of study, then the change in university does not change the CPT eligibility. (30.Jun.2014)In frequent...

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30 Jun 2014

I am currently on non-cap H1B. I am starting a new job on a new H1B through lottery on October 1st. Am I now required leave the country and the get the visa stamped to start working?

Answer No, it is not necessary to leave the U.S. and get "stamped" simply because one is changing from H1B cap-exempt to H1B cap-subject. As long as valid status has been maintained and the cap-subject H1B has an I-94, there should not be a need to...

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30 Jun 2014

My PERM was filed on 23.Sep.2013 and has gone into audit. My H1B expires in Oct 2015. Can I change jobs during this time?

Answer It would be best to have a consultation to go over the details; but it potentially would be possible to change jobs. If there is proof of the PERM filing, the new employer could request the rest of the six years of H1B time, plus...

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30 Jun 2014

Can two different employers sponsor me for PERM cases at the same time?

Answer Yes, two employers can have PERM cases filed for the same person at the same time. The restriction is on the same employer filing two PERMs for the same person at the same time. (30.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other senior...

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23 Jun 2014

When I get my GC, can I apply for permanent residency for my parents who are retired and living in India?

Answer No. In order to sponsor a GC for one's parents, it is necessary to be a U.S. citizen. So, that means another five-year wait for most people after becoming LPRs. (23.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

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23 Jun 2014

How do I know that my employer filed PERM / I-140 under EB2 or EB3? Is there any way to get that info?

Answer If a person has the I-140 approval notice, it will reference the section of the law under which it was filed. EB2 ends in "2" and EB3 ends in "3." Otherwise, it would be necessary to know the job requirements on the PERM, as it...

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23 Jun 2014

I am a U.S. citizen and wish to sponsor my mother, who is in India, for a GC. How long will this process take?

Answer The time to petition for a parent is all paperwork processing time. It can take about a year, depending upon varying processing times. The case must get through three layers of the U.S. government when processing from abroad: the USCIS, the National Visa Center, and...

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23 Jun 2014

Does income of the sponsor determine the chances of getting the GC for the immigrant parent?

Answer The sponsor must provide an affidavit of support. It is necessary to demonstrate sufficient income (or assets) to meet the public charge provisions. Otherwise, it is necessary to have a joint sponsor, etc. But, as long as this baseline requirement is met, there is no...

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20 Jun 2014

I have been working on OPT when my employer filed an H1B petition for me to change my status from October 1st. However, the USCIS has not issued a receipt, yet. …

... My OPT EAD will expire next week. I understand that I may be eligible to continue working pursuant to the cap-gap extension. Do I need to obtain a new I-20 for cap-gap OPT employment? Answer Yes. In order to continue working, you need to apply for...

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