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Recent Misrepresentation questions

I hope you are doing great. I have got your information from

Hey There,I hope you are doing great.I have got your information from one of my friend and I was hoping if you can clarify a small query for me.So here it goes, I am working on H1B and already completed my 6 years cap. Got my I-140 approved and 3 years extension till June 2018 with my current employer and my wife also got the H4 EAD till the same date. My priority date in Jan 2014.Recently got a great job offer from a new company as full-time employee. So Her my questions.1) If I go for the H1B transfer to new employer, for How long I will be getting the H1B visa?3 years from date of transfer or just till June 2018?As I have my I-140 approved and my current employer has no intention to revoke in next 6 months.2) If he revokes the I-140 in next 6 month and my new employer still not applied for PERM till then, Would I will be able to retain my Priority date.3) If they revoke my I-140, H4-EAD for my wife also going to be void.I need to know, So that I can make up my mind to join the new company or not.Thanks in Advance and would greatly appreciate a quick response.

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

6,308 satisfied customers
I am in the final stages of a South African criminal record

HiI am in the final stages of a South African criminal record expungement for shoplifting 10 years ago and have been offered an L1B visa to work for mycompany in the States. My company oversees the DS-160 application so I could not declare the record as the job would be withdrawn they knew about it, however I now have my visa interview in a few days and am wondering if the consulate checks criminal records in South Africa and if they'll find out that I haven't declared it. I was also advised I'll need to pay a $500 fraud and detection fee on the day, do they use this to do background checks?Appreciate the response.

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Expert James

Attorney

Juris Doctor (JD)/Law Degree

14,702 satisfied customers
I'm an Irish citizen married to U.S. citizen and we've been

Hi,I'm an Irish citizen married to U.S. citizen and we've been living in Ireland together for over a year.We were married in May 2016 and we are hoping to move to the U.S. to live and work.Also I am scheduled to visit the U.S. on the 1st December and is it possible to gain entry using the Visa Waiver Program while my i - 130 is pending? If not, what other visa can I enter the country with that can be changed into a permanent visa?Or can you recommend a process for us to take?Regards,Eva

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

47,582 satisfied customers
J. Senmartin, Esq. is waiting for her NVC Interview to be

FOR Guillermo J. Senmartin, Esq.Nancy is waiting for her NVC Interview to be scheduled, but her concern now is that she crossed-over to USA from Mexico twice, but never got caught/detained. Her first leave to USA 4/1988 & returned to Mexico 4/1989; and second leave to USA 10/1999 & returned to Mexico 02/2002, and has been in Mexico since 02/2002. Her daughter (US Citizen) petitioned her. Will Nancy's Visa approval be in jeopardy bcuz of these leaves of absence?

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

47,582 satisfied customers
I am a Indian citizen and I am currently working in USA on a

Hi, I am a Indian citizen and I am currently working in USA on a H1b Visa. I also I140 approved for my green card application with a priority date of 06/2014. My company is willing to promote me and reapply for my green card if necessary. But I wanted to make sure if there is a way to keep my priority date and still get promoted in my current role. Please let me know if i am asking the correct question or if i should elaborate

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

47,582 satisfied customers
I am on H1b visa and working in a MNC for past 6 years in

Hi,I am on H1b visa and working in a MNC for past 6 years in USA. My current I797 is approved until Octber 2018.My green card (labor) was filed on 3rd Dec. 2013 and I140 was approved in October 2015.Now I am planning to leave this company and join another.My question is that what will be the impact on my new green card filing from new employer if my current employer revokes my I140.My second question is about My wife's H4 EAD. She got H4 EAD five months back on basis of my I140 approval and she is been working.My question is that what will happen to her EAD if my I change the job and my current employer withdraws my I140.

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Nisha Jones, Esq.

Juris Doctorate

392 satisfied customers
My I-140 (EB2) has been approved based on role of senior

My I-140 (EB2) has been approved based on role of senior test engineer. Now, I got an offer in another company as manager of test organization. Can I retain my priority date if I move?

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

47,582 satisfied customers
Can USCIS revoke an approved (yr 2012) I-829 petition by

Can USCIS revoke an approved (yr 2012) I-829 petition by concluding that the information submitted with I-829 petition is incorrect as a result of comingling of investors' fund by the general partner (forbidden by the agreement between investor and general partner), even though there is no fraud or misrepresentation by the investor? If yes, is there any time bar?

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

47,582 satisfied customers
Here is my situation: -March 2014-Entered US on L2 visa and

Here is my situation:-March 2014-Entered US on L2 visa and started work on L2 EAD visa. My spouse's L1 started in September 2013.-April 2015-I-129 Application for cap-subject h1b submitted by potential employer X.-July, August 2015-Travelled to India and came back on L2visa.-September 2015- I539 application for extension of stay on L2 granted from April 2015 to September 2016.-October 1 2015-H1b status active(I was told my h1 will be active only when the potential employer X(pays salary).-Continued working on L2 EAD visa past October 2015 for different employers.-Applied for EAD extension in November 2015 and it got approved surprisingly by uscis in feb 2016 valid till November 2016.-In Feb 2016 Change of Employer I-129(non-capped) was submitted and its still in pending status by Employer Y. This was done with an effective date of Feb 2016.-May 2016-Went to Bahamas and re-entered back on L2 visa and applied for L1/L2 extensions.-Potential employer Z interested in transferring my H1.Here are my questions:- If Employer Y's petition gets approved, does it mean that it will reduce my out of status to October '15 to Feb '16instead of October '15 to May '16? Shall I premium process Y's petition as I am not sure if employer Y will withdraw it after I start working for Employer Z ?- Once transfer by employer Z successfully done and payslips successfully generated, will there be any issuein H4 stamping for my wife due to these issues as she plans to go back in December? Will they check my entire history then?- Will there be any issues in transferring my H1 to Employer Z?- What will happen if Employer X cancels my petition before the transfer is undertaken by Employer Z?

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Guillermo J. Senmartin, Esq.

Attorney At Law

Juris Doctor

47,582 satisfied customers
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