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Recent I 140 questions

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

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

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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

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Jennifer Marie, Esq.

Immigration Attorney

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I'm preparing to file I-140 and I-485 card. As I know, I can

I'm preparing to file I-140 and I-485 for EB2 green card. As I know, I can use premium processing service with I-140. What difference will premium processing do for me?

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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I have approve labor certifcation ETA750 on my name from

HiJA: Hi. How can we be of help?Customer: I have approve labor certifcation ETA750 on my name from 2002JA: Have you talked to a lawyer yet?Customer: Not reallyJA: Anything else you think the lawyer should know?Customer: Labor Filed ETA750 Filed-2002 Approved-2006. I-140 was not filed as I quit. My new employer now in 2016 is ready to file PERM and I-140, can I retain the PD of 2002.

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Judith

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J.D.

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Dropbox in India. My friend's extension was denied and the

Dropbox for h1b in India. My friend's extension was denied and the company file the new h1 based on i140 which was approved.The last visa stamping was done in India in July 2015 and the visa expired on June 11 2016. Is she still eligible for dropbox?

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

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My I140 is approved last month. i am married and my wife is

My I140 is approved last month. i am married and my wife is on h4.I got an employment offer from another company and i want to join them.Want to know if i can still file my wife's ead? even after changing employer?

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Judith

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J.D.

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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..

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

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I am on H1B and my I140 with my previous employer got

hi I am on H1B and my I140 with my previous employer got revokedJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: Yes I want to know if i can retain the old priority date

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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5,870 satisfied customers
I have a niece who is 13 years old back in India. Her

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.

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

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