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Recent H 4 questions

Hope you are doing well, from Boston, living on H4 for close

Hi...Hope you are doing wellJA: Because laws vary from state to state, could you tell me what state is this in?Customer: Hi. I am Anamika from Boston, living on H4 for close to 4 years. I have been approached by an employer to work with them, which unfortunately i cannot, due to no work permit. In my knowledge, i know of only 2 options: either TRANSFER my status to F1 to work and study both OR wait for my EAD which has no time limit. What do you suggest i should do? Is there anyway i can apply for H1B and get started? The employer can wait for 6 months for me. I have a couple of more questions:1. Does F1 come with ready work permit or theres a separate process?2. If i take a part time under grad program, will my status be transferred to F1?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassachusettsJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: not really....my question has almost all details. maybe additionally to mention, my husband has just initiated his green card process.

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

14,596 satisfied customers
Can I do a H1B to H4 and then back to H1B with a new

hiJA: Hello. What seems to be the problem?Customer: Can I do a H1B to H4 and then back to H1B with a new employer ? I already have on offer with new employerJA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet? Sorry about that. I must have missed it. Could you tell me again?Customer: No, am still employed with company1 i have on offer from company2 instead of doing h1 transfer can i first transfer to H4 and then ask the company2 to transfer back to H1 ?JA: Have you talked to a lawyer yet?Customer: no, not yet company2 lawyers are about to file the transferJA: Anything else you want the lawyer to know before I connect you?Customer: thats it

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

14,596 satisfied customers
Need to know can my employer directly fiel I140 and once

HiJA: Hello. How can we help?Customer: I am RN and need to know can my employer directly fiel I140 and once I140 is approved can we immediately file I485 and get EAD atleast..?JA: What confuses you?Customer: The confusion is can we file I485 simultaneously with I140 OR Can we file I485 once I140 is approved... I have NC state license and i am from India, I am on H4 visa and I do already have EAD (based on my husband's I140 approval) but i would like to have I140 / I485 file ASAP on my name so we BOTH can get EAD...JA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: Did you get my previous message.. about my status and other detailsJA: Have you talked to a lawyer yet?Customer: just wat to confirmJA: Anything else you think the lawyer should know?Customer: No thats it

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Judith

Manager

J.D.

29,920 satisfied customers
This is my situation: My PERM application is in process

This is my situation:My PERM application is in process since 2015. and I am moving from USA to my country -Colombia- (because my F1/OPT status expired Dec 2016 - I finished my MBA in USA).The Company will Apply for my HB1 next year 2017 ( when I am not here) .How will I know I will be approve of my H1B in October 2017? If I won't be here in USA by that time?My Husband is from Mexico, does he have to be Colombian resident to be approve thought me to get H4 visa??If I am not in Colombia by October 2017, can I go to another USA embassy ( maybe Mexico ) to get my H1B?Thank you:)

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

46,984 satisfied customers
Hallo, I'm a South African farmer, 51 years old, and are

HalloMy name is Richard, I'm a South African farmer, 51 years old, and are currently working in Nebraska United States for the past two seasons on a H2A seasonal working visa. Back home my wife is managing our small family farm. We have two kids, 3 and 8 years old. My current employer would like to employ my wife as well on a H2A seasonal working visa, normally from Feb to November. They work trough an employment agency and do give an official job invitation as well as accommodation for the family. We have rented our farm out for the next two years. The employment agency informed me that it would be difficult to get H2A visas for all of us.I would love my family to experience life in the United States before we retire on our own farm in South Africa.Is there any way you can assist us in obtaining the necessary visas?Kind regards *****

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Judith

Manager

J.D.

29,920 satisfied customers
For my wife, I had applied for the following in April: 1)

For my wife, I had applied for the following in April:1) change of status from H1 to H4 from Sept 152) Work authorisation on H4 EAD from Sept 15She is currently on H1 and working with an company.Both got approved and we have got approval letters. Unfortunately, USPS has lost the EAD card that was to be delivered.Now, can my wife continue working on Sept 15 on the basis of the approval letter? We have initiated the process for the replacement card but that may take 2-3 months.Let me know.thanks

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

46,984 satisfied customers
This is my situation: My F1 visa/OPT Will expire Dec 31st,

Hi there!This is my situation:My F1 visa/OPT Will expire Dec 31st, 2016. The company applied for my PERM on Dec 2nd, 2015 but it said " In process".( it is that normal after 9 months?)Can I stay in USA by the time my PERM process has a result? ( I am from Colombia and I finished my MBA here).Can I continue working? The company want me to continue working. They think that it is ok since there is a process running for me?I do have the access ( login and Password ) to http://www.plc.doleta.gov and my case # *****

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Judith

Manager

J.D.

29,920 satisfied customers
For JUDITH only ........ I am preparing the N-400

For JUDITH only ........I am preparing the N-400 Application for U.S.Citizenship as being 5 yrs of having Green Card through employer . Please clarify :(1) Please refer to Part 9 of Form N-400 , how the total days outside USA will be calculated and will the day left USA and the day returned to USA be considered ? In an example , if i left USA on 29th December , 2014 and returned to USA on 9th January , 2015 ................, how many days should i write in column of Total Days Outside the USA ?(2) Please refer to Part 8 of Form N-400 , I left my previous employer in 2014 and since then i am with my current employer . Now i got to know from some source that the office address of my previous employer company has changed from address where i used to work until 2014 . Now in N-400 Form , should i mention the same old address when i was working with that employer or i should mention today's current address which i dont know exactly . I have all documents with old address only .(3) Pleae refer to Item # 1 of Part 11 in N-400 Form , i have only 1 child of 14 yrs old . Should i mention 1 in digit number or ONE in letters here ? and my child lives with me in same home , so should i mention the same address for child as i am mentioned for myself ?(4) Please refer to Item # 9 of Part 12 in N-400 Form , Should i say YES here because i work as a volunteer for few hours in a year with American Red Cross and Feed My Starving Children(FMSC) ? If yes , then is it ok to write as below :(i) Name of the Group : American Red Cross Purpose of the Group : Humanitarian Aid(ii) Name of the Group : Feed My Starving Children Purpose of the Group : Feeding Hungry Children(5) ) Pleae refer to Item # 3 of Part 10 in N-400 Form , i have been married only once in 1999 and i live with the same spouse currently . Should i mention 1 in digit number or ONE in letters here ?(6) ) Pleae refer to Item # 8 of Part 10 in N-400 Form , my current spouse has only married once with me in 1999 .What should i mention here ?(7) Is there any negative effect if my Husband mentions as unemployed in N-400 Form because he never did any job in USA as being on H4 Visa and being my dependent and i was working on H1b Visa from the begining . After getting Green Card before 5 yrs , he just takes care of our child and rest household things with little bit of online forex trading as an investor and reports his small amount of profit/loss in joint income tax return with me . Please suggest what should he mention for employment details ?

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Judith

Manager

J.D.

29,920 satisfied customers
I am on L2 visa and my spouse is in L1B visa (Visa valid

FOR JudithHi,I am on L2 visa and my spouse is in L1B visa (Visa valid till Oct 2018). My spouse's company applied for a H1B visa too and his petition got approved under COS with a new I94. But now I got a job (on L2 EAD) and we prefer to maintain L1B visa.As advised by you earlier, my husband would travel out of US and re-enter on L1B visa on Oct 2nd, to avoid automatic H1B COS.If my husband leaves US on Sep 29 an return on Oct 2, I think I and my Child would go out of status for 2 days(Sep 30th & Oct1st).Now my questions are,1) why is this considered Out of status and not seen as simple vacation of Primary visa holder2) If this is Out of status: what would be the consequences of going out of status.a) Will it impact my job secured and work authorization using L2, with EAD (Do I have to inform my employer of this?)b) will it impact my next visa stamping or GC process.Please explain.Thanks!

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Judith

Manager

J.D.

29,920 satisfied customers
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