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Attorney_13

Attorney
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About Attorney_13

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  1. Attorney_13

    L2 to H1

    One can remain in L1 status if their dependent spouse in L2 changes to H1B. L1 and H1B are examples of primary statuses held by an individual. They are not dependent on another's status. However, should the L1 holder change status to H1B, the L2 dependent must also change to H4, as their status is dependent on the primary status holder. Please consult directly with a qualified immigration attorney to discuss in more detail.
  2. Attorney_13

    H4 Stamping without H1 stamp on the Passport

    So long as he primary H1B holder in the US is maintaining their H1B nonimmigrant status, the H1B holder is not required to have the H1B visa in their passport for their spouse who is outside the US apply for their H4 visa. The H4 visa applicant will be required to provide evidence of the marriage and that their spouse is maintaining H1B status in the US. Such documentation may include, but not be limited to, copy of the approval notice, H1B I-94 card, and evidence of work (employment verification letter, paystubs,etc). Please contact a qualified immigration attorney to discuss the visa application process in more detail.
  3. Attorney_13

    L1 and H1B visa query

    If one is currently in L1 status, then they cannot start working for the H1B employer until that petition has been approved and it is valid. Once it is approved and it is the start date of the validity period, one's status will be H1B on that date and one will no longer be in L1 status. Please consult directly with a qualified attorney to discuss your case in detail and determine a customized course of action.
  4. Attorney_13

    L1 to H1 COS last rule apply doubt

    In general, based on the information provided, if one is otherwise maintaining their current nonimmigrant status pursuant to their approved H1B petition, the denial of the other pending petition should not impact one's status. Please consult directly with a qualified immigration attorney to discuss your case in detail.
  5. Currently, one is not restricted to certain consulates in India based on one's home residence. In general one should be able to apply for the H-4 visa at either Chennai or Hyderabad. Please consult directly with a qualified immigration attorney to discuss your case in detail.
  6. Attorney_13

    Query on L1b extension

    Working at third party or at a client's location is only permissible in limited circumstances for those in L-1 status. Please consult directly with a qualified immigration attorney to discuss your case in detail and understand what the requirements are to maintain L-1B status.
  7. Based on the information provided, it is not clear if USCIS has denied the primary's L-1 petition. One should have the attorney or employer who filed the case call USCIS directly. Online status is not always reliable. It is also advisable to speak directly with a qualified immigration attorney to discuss your case in detail as you may be in the US unlwafully. In general, if one's extension has been denied and the I-94 has expired, one is accruing unlawful presence and would be required to depart the US before accruing 180 days of unlawful presence as this would trigger a three year bar to return to the US. Furthermore, one in L-2 status is dependent on the primary maintaining L-1 status. As such, it is not clear why one in L-2 would have a longer duration on their I-94 than the primary and should not rely on the longer duration. Please consult directly with a qualified immigration attorney to discuss your case in detail and determine a customized course of action.
  8. If one has already changed from L1B to H1B status, then a new employer can file an H1B petition for a change of employer. If one is in the US maintaining H1B status then they can start working for the new H1B employer/petition upon the filing of the petition, however it is safest to wait for the approval before starting to work for the new employer. Please consult directly with a qualified immigration attorney to discuss your case in detail and determine a customized course of action.
  9. Attorney_13

    Help on H1 Transfer

    In general, an unexpired H1B petition remains valid unless the government has revoked the petition, the employer withdrew the petition, or the terms and condition of the employment have changed to an extent that would require the employer/petitioner to file an H1B amendment petition. Please consult directly with a qualified immigration attorney to discuss your case in detail and determine if your petition remains valid.
  10. Based on the information provided, one would be entitled to a total of 6 years in the US based on the combined time in L1 and H1B. However, if one has an approved I-140 petition and their priority date is not current, then they can apply for H1B extensions in 3 year increments. If the I-140 sponsoring employer withdraws the I-140 petition, then it can no longer be relied on for the extensions. Please consult directly with a qualified immigration attorney to discuss your case in detail.
  11. Attorney_13

    H1 extension 7th year RFE

    In general, if an employer revokes an approved I-140 petition, it cannot be used for H1B 7th year extensions. If one is still within their initial 6 years of H1B they may be able to request the remaining time, including any recapture that has not yet be requested. In this situation, one may alse be at risk for a denial of the H1B petition, in which case any future petition may only be approvable for consular processing. In this case, one has to travel to a US Consulate to obtain an H1B visa to return to the US to be admitted in H1B nonimmigrant classification. Please consult directly with a qualified attorney to discuss your case in detail and determine a customized course of action.
  12. Attorney_13

    H1B Extension - days ahead limit for filing

    In general, a H1B petition may be filed up to 180 days prior to the requested start date, and it must be recieved during the validity of the current, approved H1B petition. Please contact a qualified immigration attorney directly to discuss your case in detail.
  13. Attorney_13

    H1 to H4 I539 question

    Please consult directly with a qualified immigration attorney to discuss these questions, as it may require further discussion to understand how you should answer these questions.
  14. Attorney_13

    H4 extension not filed by employer

    Please contact a qualified immigration attorney immediately to discuss your wife's case. If one's I94 card expired and the individual remains in the US, they will have overstayed the authorized time in the US and will start accruing unlawful presence. If 180 days of unlawful presence is accrued, one will trigger a 3 year bar if they depart the US. It is a 10 year bar for 1 year or more of unlawful presence. Please discuss this case with an experienced immigration attorney to understand options that are available to resolve this situtation.
  15. Attorney_13

    L1 to H1B - How soon I can start working ?

    If one is the beneficiary of a cap subject H1B petition, the earliest start date for the upcoming quota is October 1, 2012. There are some exceptions to the cap based on the nature of the employer's business, however, such as certain not for profits or universities. Such employers exempt for the annual quota and one could start working prior to the October 1, 2012 start date that is relevant for cap subject petitions. Please consult directly with a qualified immigration attorney to discuss your case in detail and determine a customized course of action.
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