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Recent H 4 questions
I contacted you few months back, now I want to know few
Hi,My name is***** contacted you few months back, now I want to know few possibilities with my visa. My new employer applied for H1B transfer , and we got RFE. My employer told me that they are going to file the required docs by next week. incase if the documents sent by my employer are not sufficient , and if USCIS rejects my Visa transfer, what should I do ?, should I go back to My country or, can I apply through another employer ? , my wife is working on her H1B, so what are the possibilities of changing my status to H4 while searching for new job and then once after I got my new job, can I change it back to H1B without cap category ?Please advice.
I am on a H4 visa and have a EAD. My visa is expiring and
I am on a H4 visa and have a EAD.My visa is expiring and I'm going through a divorce and my husband won't Renew my visa.Can my prospect employer who just gave me a job offer talk directly to the employer of my husband ( primary H1-B holder) to ask to have my H4 renewed?
I have a job offer from a multinational company. But my visa
I have a job offer from a multinational company. But my visa is expiring soon. If they chose to do a business visa for me and file a H1-B for me, what will there mandatorily be any pay structure change for me while on business visa? What kind of business visa will it be?
I am writing to request your legal opinion based a unique
HiI am writing to request your legal opinion based a unique situation that I find myself regarding COS and AOS. I will describe the scenario briefly below and hope that you can provide some answers to my questions.ScenarioI entered the US on a J-1 visa to do a 2-year fellowship in 2014. My wife also accompanied me on a J-2 visa during the fellowship. My application to waive the 2-year residence requirement was approved by USCIS before the end of the fellowship. During the fellowship, I also applied for the Form I-140 immigrant petition under the NIW category which was approved. I subsequently applied for an adjustment for status (Form I-485) before the expiration of the J-1 visa on June 30th. I also applied for travel document and EAD for my wife and me at the same time. Our priority date for AOS is current and we have done our finger printing as well.While the application is still pending, I requested for an expedited travel document to enable me embark on a very important trip abroad, however the expedite request was denied. I left the country on July 2nd any way because the trip was really important to me but my wife stayed behind even though we are within the one month grace period of our J-1 visa. My wife‘s EAD and travel document was recently approved but mine is still pending.On the other hand, I got a full time position with a U.S. government agency and they decided to file an expedited H-1B for me while I am currently abroad. The H-1B application was approved and I am in the process of applying for the H-1B visa at the US Embassy abroad now. Earliest time I return back to the U.S. is September. Given this scenario, here are my questions:1. If I return back to the U.S. with my H-1B visa is my AOS application still valid?2. If not, does my wife have to leave the country to apply for an H-4 visa abroad or can she apply within the country using Form I-539 or can I just re-apply for another Form I-485 and include her as my dependent immediately I get back? Mind you, she is currently within the grace period of her J-2 visa but would have overstayed the visa by 60 days by the time I get back to the U.S. in early September.3. If yes, can my wife still apply for H-4 visa anyway (whether within or outside the country) since it is very likely the green card will be approved? She has an approved travel document and EAD already but she doesn't plan to work with it.JA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: I have a pending I-485 application.JA: Have you talked to a lawyer yet?Customer: Not yetJA: Anything else you think the lawyer should know?Customer: that is all
My son is turning 21 on November 1st 2017. He was brought
Hello,My son is turning 21 on November 1st 2017. He was brought here in 2006 on H4B visa. We are still on H1B and waiting to file I485. My priority date is EB2 India , 11th March 2011.When I first applied my I140, I got it approved in 2 months. I then changed company and again got processed labor and I140. This time I waited 5.5 years for I140 approval.I must file I485 to keep my son's H4 status intact. But, the current movement in EB2 dates giving me no hope that my priority date become current by that time. My son is going into his 3rd year computer engineering degree this year.He is attending California state university at Fullerton, CA. I'm afraid that he is going to age out.Here are my questions:1) If my priority date is not going to be current and I fail to file I485 by next October, what options my son have?2) Will CSPA helps him to protect his status?3) If I have to move him to F1 visa, when should I apply for F1 visa?4) Is there a chance that his F1 gets rejected as he is considered as “immigrant intent”?5) The college tuition is almost become double if he is on F1 visa. Can he work and accept remuneration on his F1 visa off the campus? Will it be considered towards his OPT?Thank you for your guidance and suggestionsSiva
Immigration Law team, I'm a H1B holder with employer 'A'
Hi Immigration Law team,This is Reddy. I'm a H1B holder with employer 'A' (active till 12/31/2017) with approved I-140 under EB2 category (Priority date is August 2012). Based on my approved I-140, i have applied for H4-EAD for my wife and it is approved andshe is currently working for a company on their W2. I have few questions based on my current situation:1. Will there be any option for me to change my employer?2. What will be the status of my I-140 if i move to another employer? will that be expired or revoked by employer 'A'3. Do my employer 'A' or USCIS has authority to revoke my I-140 even after 180 days of approved I-140 date?4. I'm working for client through my employer and the client is requesting me to take fulltime option? so if i go for full time do they again need to file for my labor and I-140? OR my old I-140 will be carried over automatically?4. As i said i have applied for my wife EAD based on my approved I-140 and she is currently working. Will my wife EAD will also be terminated or expired if i change my employer?5. If i need to repply for i-140 with new employer, do i need to refile for my wife EAD after getting it approved?6. Will there be any issue from USCIS if i change my employer and refile the labor and I-140?7. Can my wife continue to work when my H1B transfer process is happening and green card application process is going on?Please help me in getting above questions answered..
I have a niece who is 13 years old back in India. HerView more immigration law questions
HelloJA: Hi. What is your issue regarding?Customer: I have a niece who is 13 years old back in India. Her Parents are not capable of raising her. I was wondering, If I can bring her to USA and she can stay with me?JA: Have you talked to a lawyer yet?Customer: Not yet..I thought of doing of research firstJA: Anything else you think the lawyer should know?Customer: Myself and my husband are on H1B visa. We do not have any kids.JA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: My Husband's I140 just got approved ( For GC)JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.