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Attorney_15

Attorney
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About Attorney_15

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  1. The permission to work for a company and switch back and forth is impacted by whether a prior petition was withdrawn and could create an issue with getting a petition approved with an I-94 Card so one does not have to leave the U.S. It would be wise in this situation to consult directly with an attorney who can provide specific legal advice.
  2. Attorney_15

    L1B extension 240 days grace period

    Under the law, you are generally allowed to remain in the United States based on a pending L1B extension for 240 days of work authorization and beyond the 240 days without work authorization but to just stay in the U.S. waiting for a decision. In this situation, it appears unlikely USCIS will approve the H1B with the requested change of status unless the L1B extension is approved.
  3. Attorney_15

    L1B

    Under the law, to qualify for issuance of an L1B visa based on a Blanket approval, one must demonstrate s/he is a professional - having a US Bachelor's Degree in a relevant field / equivalent - and that eligibility shows the application is "clearly approvable." So, the legal standard is higher than for a petition filed with USCIS.
  4. Attorney_15

    EB1 v/s EB2 - Probability of GC.

    The EB1C I-140 Petition is a faster path to the Green Card, but it is subject to a greater degree of scrutiny than an L1A Petition. Approval of even multiple L1A petitions does not in any way assure one of approval of the EB1C I-140. So, if one can document the eligibility for the EB1C petition it would seem that such a course would be worth the investment because if approved, the path to approval of a Green Card is likely to be faster than PERM, I-140, multiple H1B extensions, possible visa applications and related delays.
  5. Generally, if someone is changing from L1B to L1A one can only work during the validity of one's L1B I-94 Card. Once the L1B status and work authorization expires, there is no longer permission to work based on a pending change of status to L1A.
  6. Attorney_15

    H1B to L2 Conversion

    Someone switching from H1B to L-2 would not be able to work once the L-2 is approved unless and until s/he receives the EAD Card based on the L-2 status.
  7. Attorney_15

    L1A visa extension and L2 EAD can process parallel

    Generally, an L1 Extension Petition, I-539 for L-2 status and I-765 for EAD can be filed together with USCIS.
  8. Attorney_15

    L1B GC process

    Generally, the ability to concurrently file an I-485 with an I-140 depends on whether the priority date is current for the category and country of birth according to the governing State Department Visa Bulletin. So, concurrently filing an I-485 and I-140 in the EB2 category for a person of Indian birth is generally not possible. However, it is important to consult directly with an attorney to determine if there are any other facts for specific legal advice on how to / not proceed.
  9. Attorney_15

    L2 Visa & I-94 is expiring before L1 Visa & I-94

    One's I-94 Card control's status. If one's I-94 Card is expiring and one is a dependent holding H-4 or L-2 status, that status can be extended in the United States by filing the Form I-539 with evidence of continuing eligibility. So, generally, to maintain permission to remain in the United States one would have to file the I-539 to extend status before the person's current I-94 Card actually expires.
  10. Attorney_15

    Extend I-94

    A visa is an entry document. A visa does not provide ANY status. However, a dependent's status is controlled by the I-94 Card and that I-94 card is extendable by filing the I-539 of the continuing relationship and that the main status holder is in fact maintaining that status.
  11. Attorney_15

    L1B to H1B conversion via Consular Processing

    Generally, if someone holds L1 status but has been sponsored for H1B employment where the H1B Petition is for Consular Processing and not Change of Status, the worker can continue working in L1 status even after the Consular Processing H1B is approved. If the H1B is a cap-subject H1B, the worker must apply for the visa during the validity of that cap-subject H1B approval notice. The worker will generally not be considered to have been counted against the cap until the visa is actually issued. However, even though the worker can stay in the USA on L1 status despite the Consular Processing H1B approval and can technically apply for the H1B visa at any time during the validity of the approval, the longer one waits to apply for the visa, the greater is the chance of a Consular Officer refusing the visa because he/she does not believe that a job offered as starting on 10/01/2017 remains available and open months or years later. For specific legal advice it is necessary and important to consult directly with an attorney.
  12. Attorney_15

    Need help on L1 Visa - I129 extension

    GENERALLY, one must file an extension of one's status before the I-94 Card expires. It's somewhat unclear why there are these different dates. So, for specific advice on your specific situation I recommend you have an attorney review all of these documents and THEN answer your question.
  13. Attorney_15

    L2s eligibility for GC

    A person's eligibility for a particular kind of Green Card sponsorship depends on the legal criteria, and the facts of the person's own profile. Sometimes it is possible to avoid going through the Labor Certification route in the EB1 category. However, those 3 types of Green Cards (Extraordinary Ability, Outstanding Professor Researcher and Manager/Executive) have strict criteria. You can find some information about them on MurthDotCom at http://murthydotcom.wpengine.com/resident/employment-based/eb1-category/.
  14. Attorney_15

    L2 EAD Process

    A person with a pending L-2 request for status at USCIS is generally able to concurrently file an I-765 for an EAD Card to be issued once that L-2 status is approved.
  15. Attorney_15

    H1 to L1A with I140 from future employment

    If someone qualifies for a change of status from H1B to L1A, that person is generally still considered as counted against the cap and should later be able to switch back to H1B. A person would become subject to the H1B Cap again if he or she remained outside of the United States for a full year and after that year concluded an H1B Cap petition was filed with USCIS. For specific legal advice about the visa application process one should consult directly with an attorney.
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