I have approved H1B, so will go for stamping and come back to US on H1B in October. So, the only question is while extension is in process, and we go out of country for vacation or for "work from home", are there legal challenges in getting paid i...
You should really be consulting the attorney handling these matters (L-1B extension/H-1B) for advice here.
I don't see any issue with your continuing to get paid in the US while abroad on vacation - even though departing the US abandons the request to extend L-1B status while here (though not the L-1B petition itself), you aren't physically here and working under the direction and control of the US company - so not unauthorized employment. However, this may take some explaining later on if the company is ever audited.
Speak with the attorney[s] handling this.See question
I came to US in H1B visa with Emp A validity till Sep'15. On Dec'14 I got a new job and I moved from Emp A to B.Then Emp B transferred my H1B petition on Dec'30 2014 in normal processing. On Jan'26 2015,my Emp A has revoked my H1B petition.On Marc...
You can transfer any time remaining of your initial six yea period of your H-1B to a new employer (possibly beyond that, depending on status of permanent residence filings/process). As long as the existing petition remains pending, you can transfer while here - but if denied, you can get a new petition approved but may need to leave and return.
Speak with an attorney for further guidance.See question
My in-laws are in the US on B2, extension of stay was requested before the I94 expiry, we received the receipt number and no decision received till now, they had requested extension of stay in the application only till next week. If decis...
They can generally remain while the petition is pending, but if only up to a certain date was requested it would be unwise to remain beyond that date even if the petition hasn't yet been adjudicated. You may later get an approval with an expiration date in the past, placing them out of status from that day forward.
Consult an attorney for further guidance.See question
I am a permanent resident living in the USA for five years now and I would like to get my granddaughter from Brazil a visiting visa so she could come for a month in January. What is the procedure?
Her parents will need to apply on her behalf to the consulate in her home country, with sufficient evidence to prove both that she has a means of support here and that there is an intention for her to return to hr home abroad (that she will not be living with you here permanently).
The family may wish to seek legal advice before applying.See question
Hello, I am pursuing Masters Degree and have 1 More semester to graduate. My employer is planning to file for the Green card, employer is agreed to file under EB2 category if its possible. As mentioned I have not completed my Graduation y...
You and your employer need to consult an attorney about this.
A PERM cases must state the employer's minimum requirements - an employer can't have a minimum requirement you don't already meet at the time of filing/time hired into the position.
Evaluations/acceptance of foreign degrees is a complex area - using that degree with only a three-year Bachelor's before it would be extremely problematic. consult an attorney.See question
A green card holder left USA and could not come back . It has been more than 20 years . She had the green card for a few years .Now she wants to renew it . Is there any way ?
I agree with my colleagues -she has likely abandoned permanent residence. A returning resident visa may be possible where she can show she didn't plan to remain abroad at the time she left and the reasons fr her not returning were beyond her control.
I just want to mention that the problem here is her failing to maintain ties to the US (mostly through remaining abroad for an extended period), NOT that the card itself has expired. A card can be renewed many years after it's expired; expiration itself doesn't change that a person is a permanent resident (it's just evidence/documentation of that status). It's the abandonment by living abroad that liekly killed permanent residence for this person - not expiration of the card.See question
I'm USC and I'm filling all the documents for my wife adjustment of status, I'm stuck in the G-325A form, I'm filling two forms, one for my wife and one for me, however at the bottom of the form there is a hard bold square box were it says: "Appl...
Generally, for the I-130, you are the petitioner and she's the beneficiary, for the I-485, she's the applicant.
But for purposes of this form, we've never had an issue with using the information of the person completing/signing it in that box.
You may wish to consult an attorney for assistance with the process...See question
I am on an L1A and my company recently filed for an EB1C concurrent (I140 + 485). However, after the filing, the company underwent a major downsizing. It will only be a single employee left to supervise overseas subordinates remotely. Also, our ph...
You need to consult with the attorney who filed the case.
While the change of address itself might not require more than notification, and layoffs don't automatically trigger a problem for an EB-1(C) case as they might for a PERM-based process, it sounds like they might materially change whether you in fact qualify as a manager or executive. May still have a functional manager argument, but unclear how the case was prepared.
You need to consult an attorney for further guidance.See question
My father tried crossing the US illegally in 2002 and was immediately apprehended at the border and deported back to El Salvador by US immigration. It's now been over 10 years since that incident and he’s never tried crossing the US ever again. ...
You have a very complex situation here, and need to speak with an attorney directly.
While the I-130 is the correct form for this type of petition, more information and specifics need to be gathered concerning your father's prior incident before moving forward. If this was truly =the only attempt to enter, and he was given expedited removal, it may be OK to proceed - but additional entry attempts (that you may not know about) could be a very significant problem.
As an immediate relative petition, your [step?]-sisters couldn't be included in the main application for your father, and separate petitions you file for them would take much, much longer than your father's petition.
Seek legal counsel.See question
During perm if thre is an audit does the attorney/hr inform the h1b or not. The attorney does not reply to me. Any suggestiobs on how to find if perm is audited or not?
The US Department of Labor has very strict rules concerning the employee's involvement in the PERM process. The attorney will typically represent only the employer for a PERM matter (as opposed to most other processes where the attorney can and often does represent both employee and employer jointly in a :dual representation" arrangement), placing the attorney in a very difficult position concerning inquiries form the sponsored individual.
As the limitations on employee involvement pertain mostly to the recruitment and interview process, your employer may be willing to share information with you concerning the status of your matter.See question