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Immigration Issues/Questions
| Subject | Date Asked | Expert |
| EB3 to EB2 change | 2/10/2012 | Ajay K. Arora |
| Q: I am currently on L1 working with MNC in US. My GC was filed in 2009 and i have my I 140 approved ... A: If you are currently in L1A visa category, you are likely qualified for the EB1 category: ... | ||
| Experience & minimum hours for GC application | 2/9/2012 | Ajay K. Arora |
| Q: Due to expected difficulty of collecting prior experience supporting documents from overseas, I plan ... A: The green card process should be for a full-time position only. This is generally considered to be ... | ||
| I458/EAD/OPT | 2/8/2012 | AJAY SINGH |
| Q: I am a Master's student who changed from H4 to F1 for Spring 2012. My husband is about to file I-485 ... A: 1) With pending I-485 your status would be - I485/Green card pending; however, if you are also on ... | ||
| I 485 / OPT/H1B | 2/8/2012 | Ajay K. Arora |
| Q: I am a Master's student who changed from H4 to F1 for Spring 2012. My husband is about to file I-485 ... A: You can remain legally in the U.S. based solely on I-485 filing, and be issued EAD as well as ... | ||
| reentering usa on B1/B2 | 2/8/2012 | Ajay K. Arora |
| Q: good evening sir, my name is sandeepa poojary, i'had been usa for six month. i went usa on26thdec ... A: As you have been outside the U.S. for at least several months after your earlier visit lasting ... | ||
| I-864 for USCIS | 2/8/2012 | Jack Sung |
| Q: I'm in the process of filling out the I-864 for the USCIS in hopes of getting the green card for my ... A: 1. You have to file an I-864 along with the application for adjustment of status and the immigrant ... | ||
| OPT-H1B | 2/7/2012 | AJAY SINGH |
| Q: I am currently a Masters student on F1 visa. This is my final semester. I had started my Masters on ... A: REgarding your queries: 1. I think your being a full time student on H4 should be taken into ... | ||
| N-400, Parts 6 and 7 | 2/7/2012 | Jack Sung |
| Q: I am applying for US citizenship based on marriage to a US citizen. Parts 6 and 7 of form N400 ... A: 1. For employment references you should go back 5 years. You should also go back five years for the ... | ||
| H1B Intent to Revoke | 2/7/2012 | Ajay K. Arora |
| Q: "Hello Ajay, During my H1B Visa stamping, the Consulate Officer issued me a 221g and was going to ... A: It does not appear as if the Consulate will issue you an H1B visa stamp through the current H1B ... | ||
| H1B Intent to Revoke | 2/6/2012 | Jack Sung |
| Q: During my H1B Visa stamping, the Consulate Officer issued me a 221g and was going to send my ... A: 1. Your project completion may affect the current processing because if there are not more projects ... | ||
| I-485 Process - Travel Out of Country | 2/6/2012 | Jack Sung |
| Q: I have applied for my EAD (I 485) and it is pending approval with the USCIS. However, due to a ... A: 1. You should be advised that traveling out of the US without the advance parol may constitute ... | ||
| Portability of Priority Date | 2/6/2012 | AJAY SINGH |
| Q: My first EB3 I-140 was approved but revoked after interview for I-485. It is on appeal with AAO. It ... A: Previous PD could have been requested while filing this new I-140 if the job is same or similar. ... | ||
| Domicile in California | 2/6/2012 | Jack Sung |
| Q: Greetings, My family will soon be migrating to the United States (we were petitioned by a ... A: This is technically not an immigration question but a state law question. I believe each school has ... | ||
| I-864 for USCIS | 2/6/2012 | AJAY SINGH |
| Q: I'm in the process of filling out the I-864 for the USCIS in hopes of getting the green card for my ... A: As per info provided - you need a joint sponsor to file an affidavit of support (I-864) in support ... | ||
| L1B and L2 Simultaneously | 2/5/2012 | AJAY SINGH |
| Q: I am currently in US on L1B expiring on Sep 2013 through company A. My wife is also in US on L1B ... A: L2 is dependent visa signed by the dependent, hence can be filed by you. However, since one can ... | ||
| L1B & L2 Simultaneously | 2/5/2012 | Ajay K. Arora |
| Q: I am currently in US on L1B expiring on Sep 2013 through company A. My wife is also in US on L1B ... A: An application for change of status from L1 to L2 status filed with the USCIS is an application that ... | ||
| L1A Renewal Denial | 2/3/2012 | Ajay K. Arora |
| Q: I had a L2 and my husband had a L1A that expire on Nov. 22, 2011. The company filled the petition ... A: Your husband's company can file another L1A petition for your husband. It is is approved by the ... | ||
| Visa Stamping while visiting a country | 2/3/2012 | Ajay K. Arora |
| Q: My husband changed his status from F1 to H4 here in the US. USCIS has sent us the approved notice. ... A: An H4 visa stamp will be required to enter the U.S. Normally a U.S. Consulate in a particular ... | ||
| Withdraw H4 petition | 2/2/2012 | AJAY SINGH |
| Q: I have read one of the answer to withdraw the H4 petition, we have to write a letter to USCIS along ... A: Either would do; however, make sure you keep copies of whatever you submit. You may also submit ... | ||
| Usa tourist Visa | 2/2/2012 | Jack Sung |
| Q: I came back to my native country, I was wondering if I can apply for a tourist visa O I have to ask ... A: 1. You need to ask for forgiveness (pardon) from the US Embassy if you want to get a tourist visa. ... | ||
| H1B Denial and entry on F1 visa | 2/1/2012 | Ajay K. Arora |
| Q: I had applied for H1B visa with USCIS during my OPT period, which expires after five months from ... A: You can enter on your existing F1 status if you have unexpired F1 visa stamp in your passport. The ... | ||
| 90 day re-entry | 2/1/2012 | Jack Sung |
| Q: My question is that i will soon be at the end of my 90 day stay here in the US, I am in Hawaii, what ... A: The law does not require any specific days abroad before you are eligible for re-entry. Technically ... | ||
| Opening new Loan broker business and its law | 2/1/2012 | Jack Sung |
| Q: Greetings, I want to open a real estate loan broker business in california, los angeles area to ... A: 1. You can hire a manager to manage your company, but you should consult with experts from the ... | ||
| Which work visa would apply in this case? | 1/31/2012 | Ajay K. Arora |
| Q: My company wants to hire an employee in our New York office who has a dual citizenship of Australia ... A: Correct, H1B petition can be filed in April, with requested employment start date of Oct. 01, 2012. ... | ||
| Which work visa would apply in this case? | 1/31/2012 | Ajay K. Arora |
| Q: My company wants to hire an employee in our New York office who has a dual citizenship of Australia ... A: H1B petition cannot be filed at this time due to visa cap issues: http://www.uscis.gov/h-1b_count ... | ||
| Fiance Visa vs. Marrying in Mexico | 1/30/2012 | Ajay K. Arora |
| Q: Salutations. My question is regarding the pros and cons of bringing my fiance and her two kids ... A: If entry to the U.S. is made on the fiance visa, then marriage must occur within 90 days of entry, ... | ||
| doughter sponsor | 1/30/2012 | Jack Sung |
| Q: I'm U S citizen and i have a daughter 13 years old she has been born in Mexico, she was living whit ... A: 1. Did your sister adopt her? How did your sister get a birth certificate with her name as the ... | ||
| Reactivation of old H1B (2008 quota) | 1/29/2012 | Ajay K. Arora |
| Q: I got my H1B approved in 2008 and initially came to US on H1B in Nov 2008. However, the funding for ... A: The H1B employer (whether this is the old H1B employer or a new employer makes no difference) will ... | ||
| I-485 question re. employment experience | 1/28/2012 | Ajay K. Arora |
| Q: I am getting ready to file my I-485 and found a problem: The resume that I submitted for my I-140 ... A: A resume is not required to be submitted with H1B petitons or I-140 petitions or I-485 applications, ... | ||
| Green Card status and trip abroad | 1/27/2012 | Ajay K. Arora |
| Q: My father and mother in law, both have Green Cards. They are not living in the United States but ... A: The one year clock for time spent outside the U.S. for any trip starts from date of departure, in ... | ||
| Name miss spelled in sponsorship approval letter and Landing right fee | 1/26/2012 | Roxanne Jessome |
| Q: My sponsor (my wife) received an e-mail (58 days after applying) that her sponsorship is approved ... A: You can advise CIC about the misspelling of your wife's name by fax to CPC Mississauga or email. And ... | ||
| L1 Conditions for Employer | 1/26/2012 | Ajay K. Arora |
| Q: Could you please help me understand the conditions for any employer to be eligible to do L1 visa for ... A: There is no minimum # of employees required at the foreign company. However, it is expected that the ... | ||
| Recruitment phase of PERM | 1/24/2012 | Ajay K. Arora |
| Q: My employer is filing for my Labor Certification and and is currently on the advertising phase.Does ... A: Yes, the salary offered must be noted on the job notice posting prepared in connection with PERM ... | ||
| US Citizen Petition Brother | 1/24/2012 | Ajay K. Arora |
| Q: I was wondering how long does he have to wait to be called to get his residence. I had received only ... A: Information about the family sponsorship categories is here: www.h1b1.com/sponsor.htm Unless your ... | ||
| PR Card Expired | 1/24/2012 | Roxanne Jessome |
| Q: Good Evening atty, Our Canadian PR cards expired in May 2011. Is there any process, to renew the ... A: Yes, there is a process to renew the cards. See here: ... | ||
| Porting I140 EB3 old priority dates | 1/24/2012 | Ajay K. Arora |
| Q: Here is the situation: (1) Employer-A. I-140 approved and later on revoked, with priority dated ... A: An approved I-140, even if subsequently revoked by the sponsoring employer, is useful for preserving ... | ||
| Marriage during OPT? | 1/21/2012 | Ajay K. Arora |
| Q: I am currently on F-1 status and it expires in 2015. I have a question regarding whether i can go to ... A: OPT is F1 status. I would recommend that you notify your DSO (also known as international student ... | ||
| Dates of experience letter from former employers | 1/21/2012 | Ajay K. Arora |
| Q: Then I got letters from my former employers for my experience, but they are dated 7 years ago. This ... A: Employment experience letters can be dated at the termination of your employment, or can be dated ... | ||
| H1B filing and LCA | 1/21/2012 | Ajay K. Arora |
| Q: My H1B was initiated by one of the employer before the quota was finished for 2011-2012 year in ... A: The certified LCA is not required to be revoked. In any event, only the employer which filed the LCA ... | ||
| Experience document for green card | 1/20/2012 | Ajay K. Arora |
| Q: I gained my experience out of America, back in my country as a physical therapist. Will I need to ... A: The I-140 requires submission of employment experience letter(s) from former employers if the ... | ||
Immigration Issues
Answers by Expert:
Ajay K. Arora
Top Expert on this page
Expertise
My law practice is focused exclusively on employment and family-based Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.
Experience
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.
Organizations
American Immigration Lawyers Association (AILA) full member since 1995.
Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.
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