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answered on Jan 21, 2016
This is not a basis for a green card; it may be a basis for other temporary relief. Speak with an attorney.
I haven't resign from current employer and have valid H1 till September 2015. If H1 transfer gets denied can I still work on current employer's h1B
answered on Jan 21, 2016
You can continue to work for Company A if Company B's transfer is denied.
I want to change my name back to my maide name for citizenship, but I am still married, I will be applying through marriage, and my current legal last name is my husband's.
answered on Jan 21, 2016
Yes, you can. Just mark the box on the N-400; and the officer will confirm this at your interview. Also, because you want a name change, you cannot be sworn the same day as your interview (if your case is approved).
Expired is there anyway to get my green card
answered on Jan 21, 2016
You are going to need a waiver before the green card is filed. Unless you have a bona fide marriage to a USC who can petition for you.
all necessary proofs certified and sealed if you file I-751 to UCIS?
answered on Jan 21, 2016
For any non-straightforward case, just spend the money for counsel. It's an investment; don't be "pennywise pound-foolish."
i will become US citizen on February 2016 and want to bring my mother from Peru. Issue: she was in USA from 2001 as a tourist visa and overstayed until 2011, she just left the country. (not deported or anything). will there be an issue now that she will apply for a residence. she filed her tax... View More
answered on Jan 21, 2016
She accrued over 1 year of unlawful presence then departed the U.S. This makes her subject to the 10 year bar. You can file the I-130, but retain counsel as a waiver must be filed before the green card is filed. Hopefully, she qualifies for 245i.
My 6 year period of H1b visa will be approximately ending in Mar 25 2017, so according to 365 days rule, my green card should be filed before Mar 25 2016.
Current company was not filing green card so I started searching new Job.Now,
My last H1b expired on Sep 30 2015. My current... View More
Hello and thank you for reserving time to answer questions. I'm an American Citizen and I’m going to sponsor my brother to study in a university here. I'll also apply for his green card after he starts to study and would like him to stay here until I can file Form I-485. So I have two... View More
answered on Jan 21, 2016
Yes, timeframe is 11 years at present. Yes, he can go F-1, OPT, then H-1B. He needs to maintain status at all times. Though H-1B leads to Green Card. That's the better way to go.
answered on Jan 21, 2016
This is a loaded question. If it is a spouse, yes, but much needs to be proven. If it is an employer, again much should be proven.
I sent away my immigration package last Friday. It arrived at the Lockbox facility in Chicago yesterday morning. After over checking my copies, I noticed a couple mistakes. I forgot to write down my Class of Admission on form I-131. I also forgot to write down my i94 number and my current USCIS... View More
answered on Jan 21, 2016
It might get rejected (though I doubt this). For the I-485, you may get sent an RFE, or you may make it all the way to the interview and you can fix it at that point. As for the I-765 and I-131, you may get an RFE or the EAD may get issued with the wrong code. You can try and send notice via Fed... View More
Was adopted by a US citizen but he didn't apply citizenship for me - my mothers Filipino. So am technically not a US citizen. Am from the Philippines. I just need a newer copy of my vital certificate (they issued - a V.S. 15B - Certificate of Foreign Birth (short form) to get authenticated by... View More
answered on Jan 21, 2016
I have used Vital Records to get copies of those born in the U.S. If you were born abroad, contact Dept. of State to obtain Certificate of Foreign Birth or sometimes the Embassy in DC can assist.
He is here on a visa waiver for 90 days. We are worried getting married on a visa waiver will be considered fraud.
answered on Jan 21, 2016
Even if you wanted to, the visa waiver does not allow your fiancé to change status within the U.S. That's a condition of the visa waiver. Regardless, no fiancé visa is required. Are you a U.S. citizen or an LPR? Timing as well as intent are issues (because of the presumption of fraud). It... View More
I entered the U.S. on a J-1(not subject to the two-year residency requirement) visa, then i applied and got b2 visa and after that the company that i worked for applied for h2b visa and the visa got denied. Now after 3 years i am married to a U.S. citizen. May I adjust my status?
answered on Jan 21, 2016
Legally, you are eligible to adjust as long as you meet all of the criteria (apart from the 2 year FRR). I would love to handle this matter for you.
Hi All,
I have below doubt regarding my salary and LCA.
When my LCA was originally approved it has some amount (Minimum prevailing wage) mentioned in it, but a year later wages in that areas are revised (every year in July updated ICERT LCA site) and increased but I am getting... View More
answered on Jan 21, 2016
The LCA has validity dates at the bottom (usually 3 years). As long as they are valid during H-1B process, then employer has complied.
Can I leave USA while my case for OPT card is pending? I plan to come back with G4 and then leave again within 3 months and enter USA with OPT card to undertake employment. This seems complicated but is it legal? Thank you.
answered on Jan 21, 2016
It takes 90-100 days for EAD to be issued. Was the EAD filed with advance parole? Do you have a pending green card application? You can always depart and re-enter on G visa; this departure and re-entry will not directly result in a denial. However, it is never advisable for you to travel while a... View More
Due to financial problems, I dropped out of college and worked as a programmer for a couple of local companies. Papers did not matter to them because I had a fair bit of self-taught skills they needed. I have been outsourced by a US company five years ago and I have been working for them ever... View More
answered on Jan 21, 2016
Have you maintained lawful status at all times? If you were on F-1, then let it lapse, and worked for 5 years without authorization, you have a problem. Having an employer file your H-1B now without addressing unlawful presence could land you in Immigration Court. Seek the advice of counsel.
I had H1b visa for four years and got laid off. I switched to B2 visa. I got a new job but my B2 expired April 10. The whole time I thought I was waiting on my H1b transfer and so I never applied for my B2 extension. I found out yesterday that the lawyer is waiting for the Labor Certification to... View More
answered on Jan 21, 2016
You need to retain counsel who must review all of the paperwork. I have received approvals for a gap of 15 months.
answered on Jan 21, 2016
Yes, it is possible, but many pro se applicants get denied. I advise you to retain knowledgeable counsel.
answered on Jan 21, 2016
Your intent must match the visa that you apply for; many clients file for B visas and are denied. I advise you to retain counsel.
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