You will need to have a reason for a change of circumstances as to why you didn't file in the first year, otherwise you would only be eligible for withholding of removal. These cases are very difficult and you absolutely should contact an experienced immigration attorney.
Hi I recently came to India back from US for some days and realized that I have to stay longer here due to some issues of my employer with DOL. I was there on H1b. My spouse has a green card and for now I will like to know which other visa can take me back to US as we have our home there. Spouse... Read more »
I have 3 years bachelor degree in computer science and 2 years masters in computer technology from India with 14 years exp. pls let me know which category I fall for filing GC ? I hold H1b currently ..Am I eligible for Eb1 or 2 ?
It will depends on whether your degree is equivalent to Bachelor or Master's degree. Generally, if it is equivalent to Bachelor, then you are eligible for EB3. If it is Master's, you are eligible for EB2. In regards to the EB1, there is a different test that needs to be performed; whether you are...Read more »
my brother on F1 student visa. the intended program was for 2 years. After one semester, he decided to not completing his program. my question, when should he travel abroad? some people told me 30 days others 60 days after the last day of his class? I got so confused?
I don't see it as an issue. The green card required you to go to work for the sponsor/employer, but it did not require you to stay indefinitely. Since it takes about 5 years as an LPR to become eligible for naturalization, and you say you've worked the past "couple years" (2-3), it sounds like...Read more »
I filled for naturalization (am married to us citizen for 3 years) using form N400. My children were under 18 when they came to USA but are over 18 now. How do I file for their naturalization? What form should I use? They are both permanent residents. The attorney I used sent a email stating the... Read more »
No, the visa quotas are extremely low given the number of applicants being petitioned. In addition, you are disqualified as a derivative child applicant, because you are now significantly over 21 years of age. There may be other options, but I strongly recommend an appointment or teleconference...Read more »
I am an F1 student. Currently on OPT. In April 2018, I have applied to H1B with two companies at a time. Let’s call them company A and B. In the lottary process, both companies has been selected. Currently both of the petitions are in pending process. The company A has received an RFE, and... Read more »
The only issue we see is that if the petition for A is approved 1st you will need to decide what you are going to do relative to B. If the petition for B is approved first, then that works in your favor vis-à-vis the green card application, in that it allows you to stay in the US in lawful while...Read more »
Really need a help to back my wife and Kid to US. Me(on H1B) and My wife(was on H4) had very clean record. My wife got caught on a Shoplifting charges from one of the retail store for a theft of items below 50 USD from Ohio state.We hired the criminal defense attorney for her and she attended the... Read more »
Yes, they can apply for H4s. Your wife’s chances for coming back will depend on factors associated with the shoplifting charge. It is something that you’ll want to discuss with an attorney familiar with the impact of crime on immigration.
I’m a US citizen(IL) and my SO is from South Korea. He is in the US with ESTA. Neither of us want to split up but we can’t afford to fly to see each other regularly so we are opting for marriage. We’ve only known each other for about 5 months. We want to have a court house marriage after the... Read more »
There is an assumption that you qualify for an B-600. That may be a big assumption. Assuming you are correct, no, because ‘if’ you can prove to the satisfaction of USCIS that you already derived citizenship, then you are no longer a lawful permanent resident.
Your mother can petition your brother once she is a USC.
It depends on what kind of housing assistance and how long she has been an LPR. Her best source of information would be to talk with housing caseworkers to see what her options are in the area where she lives.
One of the reasons applicants for certain benefits have interviews is to make sure all information on the forms is correct. If you let the adjudicator know that the answer was incorrect on the form, that is not grounds for denying your application.
It depends on the visa he is applying for. He shouldn’t have problems applying for immigrant visa. However, if he is applying for tourist visa, there might be a problem as to whether he intents to come here temporarily. Consult with immigration attorney on your particular situation.
I was on H1B visa till Nov, 2017 (my i94 was also valid till Nov 2017). In Oct 2017, I filed for H1B extension. In May 2018, I got RFE on H1B extension and my employer suggested me to apply for H4 COS. So, in June 2018 I applied for COS to H4 and H4 EAD together. Now, H4 and H4... Read more »
While your petition and application are pending, you are in legal status. You will need the H-1B petition to be approved as this is a bridge petition between your initial H-1b and the application to change status to H-4. There should not be any problems just because you have two ongoing cases....Read more »
While checking on the FLCdata site. This particular category is listed as “Education & Training Code: 4-Work experience, plus a bachelor’s or higher degree”, I have been working for a large asset management firm for about 10 years. Transferred to the US on L1B on a specialist role... Read more »
It’s going to depend a great deal on how well your company makes your case. If it can truly show that you are the only one that can the job, training shouldn’t matter over experience or vice versa. The only way to know for sure the chances would be to consult with an attorney in your area...Read more »
My boyfriends visa expired and he chose to still stay in the US. We want to get married but I’m not sure if we can because he’s illegal. And how would this affect his being able to get PR(permanent residency) will he still be able to? Or will he have to go back? We are trying to find a way so... Read more »
If you are applying for asylum in the United States, and have no other basis for staying here legally, then you must wait until your asylum case is approved before applying for a green card (U.S. lawful permanent residence).
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