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My F1 visa expired and I haven't had the chance to renew it yet, but my i-20 is valid for the duration of my study (which is 2 more years). I also have a US ID. I want to travel to PR for a conference in January, but I’m worried about possible complications.
If I apply for both the green card and the 2-year home residency requirement waiver (J1 visa) at the same time, would there be any legal consequences or complications? Additionally, for the waiver, could I apply based on both a non-objection statement and extreme hardship at the same time, or is it... View More 
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answered on Dec 5, 2024
Technically, you can apply for both together. However, it is highly likely that USCIS will issue a Request for Evidence (RFE) regarding the fulfillment of the two-year residency requirement. In response to this RFE, you will need to provide evidence to demonstrate compliance with or an exemption... View More
My father received a green card through my sponsorship. He arrived in the U.S. but had to return to his home country for over a year to wrap up some important matters. He applied for an I-131 travel/re-entry permit in January 2024, provided his fingerprints, and left the U.S. in mid-February 2024.... View More
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answered on Dec 1, 2024
Your father should return to the U.S. before reaching the one-year mark abroad, even with a pending I-131 application. Staying outside the country for more than one year without an approved re-entry permit could result in USCIS considering the green card abandoned, regardless of the pending... View More
I didn’t get my EAD yet but have approved I-140.
answered on Oct 28, 2024
Your EAD must be approved before you can do Door Dash
My brother have green card 10 years but expired on 11/12/23 ? He can boarding the plane ? Now he live in Thai about 5 years how he can comeback to USA thank you
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answered on Oct 21, 2024
Your brother will likely face challenges boarding a plane to the USA with an expired green card. Airlines typically require a valid green card or visa to allow boarding, so he may be denied boarding without a current document.
Since he has been living in Thailand for about five years, his... View More
answered on Oct 16, 2024
La mayoría de las veces, USCIS pasa la aplicación de asilo a la corte de inmigración y en ese caso no tienen obligación de devolver su pasaporte porque usted sigue en el proceso de asilo.
I was picked and got an H1b visa stamp last year. However, I did not get into the company that hired me because the employer wanted me to work more hours than regular and have fewer holidays than it should be according to the work law in the U.S. of not abusing foreign employees. Now, I am... View More
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answered on Oct 9, 2024
Since you were previously selected in the H1B lottery and obtained a visa stamp, you may not need to enter the lottery again if you apply within six years of your initial selection. This allows you to transfer your H1B to a new employer without going through the lottery process again.
If... View More
I am currently on my F1 STEM OPT visa and planning to apply for H4 COS with a future start date.
After I get my H 4 approval can I travel outside the country and come back on F1 status before my H4 start date?
Since I will be entering back as an F1 student , Would it cause any... View More
answered on Oct 1, 2024
If you exit the US, the COS to H4 will be abandoned. If you enter back on F1 visa, your status will be F1 and will need to submit another COS to H4. What you can do if you exit is apply for an H4 visa stamp
I cannot claim asylum because my parents are watching over me, I am threatened by the government and my mother by saying If I go back to the airport, I will be in a psychiatric hospital despite I don't have a mental illness which the police don't believe because she has official... View More
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answered on Sep 29, 2024
It sounds like you're in a difficult and dangerous situation, and your safety is important. While contacting another government to deport you might not be a typical solution, there could be options through foreign embassies or consulates in your country. They may provide assistance if you fear... View More
I am currently an au pair since August my sponsor is cultural care. With my D-1 visa I can only work as an au pair. Only I have one of the contract offers with model agencies. In order for me to sign with them I need an O-1 visa.
Do you know if it is possible to change your visa?... View More
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answered on Sep 29, 2024
It is possible to change your visa status, but the process can be complex. Since you are currently on a J-1 visa for au pair work, switching to an O-1 visa would require meeting the qualifications for that category. The O-1 visa is for individuals with extraordinary ability in their field, and the... View More
The immigrant visa for my mom stuck at NVC (approved, but not sent to embassy 4 interview) what is needed to expedite it based on financial support?
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answered on Sep 25, 2024
If your mom's immigrant visa case is stuck at the NVC, you can request an expedite based on financial hardship. To do this, you will need to demonstrate that the delay is causing severe financial difficulties either for your mother or for you as her sponsor. For example, if your mom's... View More
I am on my F1 OPT and working full time. I have completed my Masters in Packaging Engineering. Is it possible for me to open up an Etsy/Amazon/Ebay shop that specifically sells packaging for small/home business products? My ultimate goal is to make it a physical business with physical address which... View More
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answered on Sep 6, 2024
Starting an online business while on F1 OPT is possible, but there are some important factors to consider. OPT regulations require that any work you do be directly related to your field of study. Since you studied Packaging Engineering, you should ensure that the business you start aligns with that... View More
I have a trucking company in the US I obtained an E-2 visa but I want to obtain a CDL in case I need to move some of my trucks
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answered on Aug 30, 2024
Yes, you can obtain a Commercial Driver’s License (CDL) in Illinois while on an E-2 visa. The E-2 visa allows you to live and work in the U.S. as an investor, and there are generally no restrictions on obtaining a driver’s license, including a CDL. However, you must meet the same requirements... View More
Due to change of address my oath ceremony got rescheduled after 15 months.
During this time I had my first speeding ticket ever that I presented in court for and judge cleared it for me after paying my fine.
On oath ceremony day I have to fill a form that I’ve been provided,... View More
I am on an F1-OPT "Cap-gap" visa period until Sept 30th. I got my H1-B visa registration picked in the lottery this year and it was approved in July as a change of Status. My H1-B will activate on Oct 1st, 2024. I have the original I-797 approval receipts and I-94 with me.
I got... View More
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answered on Aug 7, 2024
1) Yes, you can transfer your H1-B to a new employer before October 1st even though it has not activated yet. The new employer can file a petition for your H1-B transfer.
2) If the H1-B transfer gets an RFE (Request for Evidence) or denial, it does not affect your original approved H1-B... View More
I see two options: 1. Changing my visa status to B-1/B-2 or 2. Changing my status to F-1 using the regular process with a bridge application. Can you help me decide which option is best and guide me?"
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answered on Jul 22, 2024
I'm sorry to hear about your situation. Choosing between changing your status to B-1/B-2 or F-1 depends on your goals and circumstances. The B-1/B-2 visa is for temporary business or tourism, offering a short-term solution if you need time to arrange your affairs or explore other employment... View More
I am an Indian national living in Chicago, my wife is an American citizen. We got married 8 months ago. I received my Combo card (EAD and Advance Parole) 5 months ago. We’re planning a 4 day trip to Cabo San Lucas, Mexico. I was on F-1 visa before marriage, this visa expired in 2023. I currently... View More
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answered on May 26, 2024
Based on the information you provided, as an Indian national with a valid U.S. Combo Card (Employment Authorization Document and Advance Parole), you should be able to travel to Mexico and re-enter the United States without needing a separate Mexican visa. However, there are a few things to keep in... View More
I got approved CPT by the school before started working. So everything is legal but I’m just worried about how should I file tax to avoid futures consequences.
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answered on May 25, 2024
If your employer doesn't issue a W-2 because you're a part-time intern, you might be classified as an independent contractor. In this case, you should receive a Form 1099-NEC if your earnings exceed $600 in a year. Even if you don’t receive this form, you’re still responsible for... View More
I lived in the US on visas for years and have a SSN. Due to my employment termination, I had to exit the US. A US company wants to hire me to work remotely and asked me to fill out the W4 for the tax withholding. Can I work for them outside of the US on the W4 payroll? In other words, is it... View More
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answered on May 24, 2024
Working remotely for a US company while outside the US and being paid through W-4 could raise some concerns regarding your future immigration status. The primary issue is whether this work would be considered unauthorized employment under US immigration laws. Since you are not physically present in... View More
approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you
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answered on Apr 15, 2024
For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.
That said, here is some general information that may be helpful:
1. Overstaying your H1B visa can have serious... View More
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