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Texas Immigration Law Questions & Answers
2 Answers | Asked in Immigration Law for Texas on
Q: I want to know if some other employer can sponsor for my H1B while I work for my current employer who doesn't want to?

Hi, thanks for helping with my doubts in the first place. I am a F1 student at OPT working for a company as a Software Engineer. I am not sure if my employer will file for my H1B petition this year as I am a new recruit. I would have only two H1B attempts left if he doesn't sponsor me this... View More

James L. Arrasmith
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answered on Feb 22, 2024

Yes, another employer can sponsor you for an H1B visa while you continue to work for your current employer. This is a common practice and is known as "H1B transfer" or "H1B sponsorship" by a new employer. The process involves the new employer filing an H1B petition on your... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: I'm an American Citizen and had 2 kids in a foreign country. My oldest was approved for a CRBA but my youngest was not.

Is there something I can do to appeal this decision?

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answered on Feb 6, 2024

Yes, there is a process for appealing the decision if your youngest child's application for a Consular Report of Birth Abroad (CRBA) was not approved. The U.S. Department of State, which handles CRBA applications, allows for the review of decisions that applicants believe were made in error.... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Can I work Uber,lift, doordash as part-time while my I140 and I-485 pending?

As an F1-OPT visa holder, my current employer is sponsoring me through the PERM process under the EB3 category.

I have concurrently applied for the I-140 and I-485, and they are currently pending after just about three months.

I recently received a new EAD card under the C09P... View More

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answered on Feb 5, 2024

With your new EAD card under the C09P category, resulting from your pending I-485 Adjustment of Status application, you are granted the flexibility to work in the United States without being restricted to your current employer who is sponsoring your green card under the EB3 category. This EAD is... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: Which visa should my boyfriend (UK citizen) apply for so that he can temp stay with me (US citizen) before marriage?

Currently he works remote in the UK but is leaving his job, and I work full time in the USA and my job is the higher earner. We have been together for a long time LDR and occasional visits with ETSA, and we are ready to live together and start our futures. My company is international, however I was... View More

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answered on Feb 4, 2024

Given your situation and intentions, the K-1 visa, commonly referred to as the fiancé(e) visa, might indeed be the most appropriate route for your boyfriend to temporarily stay in the U.S. before you get married. The K-1 visa allows the fiancé(e) of a U.S. citizen to enter the United States for a... View More

2 Answers | Asked in Immigration Law for Texas on
Q: B2 visa. extension of stay applied not yet approved in process. should i submit an alien petition i-130 now?
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answered on Feb 1, 2024

If you have applied for an extension of your B2 visa and it is currently in process, you should wait for the decision on your extension before submitting an alien petition Form I-130. It's important to maintain lawful status during your stay in the United States, and filing an I-130 petition... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: What do I do if I did not receive my NVC Welcome letter?

I got further information regarding my approved uscis case. It was sent to the NVC department and it seems I'm missing next steps. I never received my NVC welcome letter so I do not have my Invoice ID number to enter the portal. What can I do?

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answered on Jan 30, 2024

If you haven't received your National Visa Center (NVC) Welcome Letter, the first step is to check if the NVC has received your case from USCIS. You can do this by contacting the NVC directly. The NVC contact information is available on the official website of the U.S. Department of State -... View More

1 Answer | Asked in Immigration Law for Texas on
Q: If I leave USA while my extension request has not been approved (i-539) what are the consequences?

Will it affect my return to the USA if I need to? Will my B2 visa cancelled?

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answered on Jan 29, 2024

If you leave the United States while your I-539 application for extension of your B2 visa status is pending, it's generally considered as abandoning your application. This means that your application for extension will likely be denied. However, this does not automatically cancel your B2 visa.... View More

1 Answer | Asked in Immigration Law for Texas on
Q: An i-539 pending approval, do I need to stay in USA or leave to avoid overstay
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answered on Jan 29, 2024

When you file an I-539 application to extend or change your nonimmigrant status and it's still pending, your legal status in the United States is typically considered to be maintained until a decision is made on your application. This means that you are generally not accruing unlawful presence... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Hi I am an F-1 student can I open LLC in Texas for my website for the payment gateway, is there any problem.
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answered on Jan 28, 2024

As an F-1 student, your primary purpose in the United States is to pursue your studies, and your visa comes with specific restrictions regarding employment and business activities. Generally, F-1 visa holders are not allowed to engage in self-employment or operate a business, as this could be... View More

1 Answer | Asked in Immigration Law for Texas on
Q: My Form I-130 has been approved, but I did not receive my approval. what do I do now? I have more info below.

I submitted my Form I-130, Petition for Alien Relative and it was approved in February 2021. However I did not receive an approval letter I can just see the approval online. In May 2022 I submitted my form I-824, but have only received a receipt and nothing else. I've inquired, since for the... View More

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answered on Jan 27, 2024

In your situation, it's important to first verify the status of your Form I-824, Application for Action on an Approved Application or Petition, which you submitted to obtain a copy of the approval notice. Since you have already received a receipt for this form but no further updates, you... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I am on HUD/Public Assistance. I want to marry an immigrant.Will me being on Public assistance disqualify me from marry?
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answered on Jan 25, 2024

Being on public assistance does not disqualify you from marrying an immigrant. However, there are important considerations to keep in mind. When sponsoring an immigrant for a marriage-based green card, you must file an Affidavit of Support. This document is a legal commitment to support your spouse... View More

1 Answer | Asked in Immigration Law for Texas on
Q: I was legally adopted in TX by two us citizens. they had smuggled me at three days old in 1987 . Can I get citizenship?

I spent my entire life thinking I was a citizen. I have a 17 year old daughter that was born here. I also might try and get my Mexican citizenship as I have no Mexican proof that I was born in MX. I’m just desperate for citizenship and a passport.

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answered on Jan 16, 2024

Your situation is complex and requires careful legal consideration. If you were adopted by U.S. citizens and have lived in the United States since a young age, there are pathways to citizenship, but they depend on various factors including the legality of your adoption and your current immigration... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Applied for I 539 November 2023. Received receipt 30 days later. No approval or denial. What happens if I stay in US?

November 1st applied. No approval or denial yet. If I stay behind and I am denied do I get in trouble? How long do I have to leave the US without detrimental consequences. I heard it is 30 day grace period, however I am not able to find source. Even if its grace period, does that mean my visa will... View More

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answered on Jan 15, 2024

If your I-539 application for an extension of your B2 visitor visa status is still pending and you have not received a decision, it's important to understand your situation. Generally, as long as your application was filed before your authorized stay expired, and the delay in processing is not... View More

2 Answers | Asked in Immigration Law for Texas on
Q: How to terminate removal proceeding before court date?

I currently have greencard through marriage also have a master hearing coming up for removal from asylum case prior. I have a court date because asylum was file after a year, and this was during covid19.

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answered on Jan 15, 2024

Terminating removal proceedings before your court date can be challenging, but there are steps you can take. First, it's important to understand that each case is unique, so specific advice can only be given after a thorough review of your situation.

Since you now have a green card...
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3 Answers | Asked in Immigration Law for Texas on
Q: Green card holder in TX, married F1 studies dentist in FL. What kind of evidence is needed for I-130?

We recently got married. I have a green card while my wife is on F1 and studying in FL. I am having a hard time finding evidences since she is not staying with me. What do I need to overcome this?

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answered on Jan 10, 2024

When filing Form I-130 for a spouse living in a different location, it's important to demonstrate the bona fides of your marriage. This can be challenging, but there are various forms of evidence you can provide.

Firstly, consider including any joint financial documents you may have,...
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2 Answers | Asked in Immigration Law for Texas on
Q: Could you please help me understand I 130 filing for my minor child?

My daughter (over 21) became a US citizen. She filed I-130 online for me. After it gets approved, can I send I-485 form for myself and I-485 for my minor child (under 18)? All of us are in US. The USCIS says that my minor child needs a separate I-130 approved. Your article says that I can use my... View More

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answered on Jan 8, 2024

In your case, where your daughter, a U.S. citizen, has filed an I-130 petition for you, the situation regarding your minor child (under 18) can be a bit complex. Normally, when a U.S. citizen files an I-130 for a parent, that parent's minor children (the citizen's siblings) are not... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: I have my I-140 approved and Indian. I am on Dialysis/suffering from health issue.Can I expediate the green card process

I am an Indian Citizen and suffering from health issue. My I-140 is approved with priority date 03/27/2022. Can I expediate the green card process and if so how to proceed with it

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answered on Jan 6, 2024

In certain circumstances, U.S. Citizenship and Immigration Services (USCIS) allows for expedited processing of immigration applications, including those related to an I-140 petition. Medical emergencies or severe health issues can be considered valid reasons to request expedited processing.... View More

1 Answer | Asked in Immigration Law for Texas on
Q: Can my father adjust through me with an approved 1-130 on behalf of his brother or would i need to apply for the I-130?

He can apply under 241I but priority date is not current. I want to know if the process would be faster if he applies through me using the approved I-130 from his brother or do i know i need to apply for the I-130 and start the process?

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answered on Jan 1, 2024

I am not sure I understood your question. What is your current status? Are you a US Citizen over 21?

If you are a U.S. citizen and your father has an approved I-130 petition from his brother, the first step is to check the Visa Bulletin to determine if his visa might become available soon,...
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2 Answers | Asked in Immigration Law for Texas on
Q: Can I participate in fitness challenges requiring an entrance fee and offering up to 20% of the fee as a prize on H1B?

I wonder if it will be counted as earned income and whether it will violate my visa status.

You pay to start the challenge, let's say complete 20,000 in 3 days. The total prize is the entrance money split among those who actually completed it. I am talking about apps like... View More

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answered on Dec 29, 2023

Participating in fitness challenges like those offered by apps such as "WayBetter" or "StepBet" while on an H1B visa requires careful consideration of your visa terms. The H1B visa allows you to work for your sponsor employer in the United States, and typically, any additional... View More

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2 Answers | Asked in Immigration Law for Texas on
Q: Was interviewed in 2019 for asylum but no answer yet. Can i file for H1B visa? My Husband is the primary applicant.
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answered on Dec 26, 2023

If you were interviewed for asylum in 2019 and are still awaiting a decision, you can still consider applying for an H1B visa. The H1B is a separate immigration process focused on employment in specialized fields. However, applying for an H1B visa while your asylum case is pending can be complex... View More

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