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Ralf D. Wiedemann

Ralf Wiedemann’s Answers

2,967 total


  • Should i convert h1B to H4 now or wait until my h1B labor status and then based on the status apply accoidingly

    Below is my VISA work status 2009 JULY to 2014 JULY -- L1B [5 years] 2014 July, AUG, SEP -- H4 2015 OCT to present -- H1B [6th work year] I have currently applied for Labor (in March) and awaiting approval. I estimat...

    Ralf’s Answer

    Your company must have a lawyer helping with the PERM and I-140. You should seek advice from that lawyer on the options you have. Since the PERM application could be audited and thus be pending much longer than September 2015, you may have to change to H-4 and apply for an EAD well before March 2016 when you could seek a 7th-year H-1B extension.

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  • Student Visa Sponsor

    My fiancé will be applying for a 1-year accelerated MBA program. He is from Morocco and his family is poor. If he gets accepted to a school, which I'm sure he will, what are the best ways to ensure he gets approved for the student visa? D...

    Ralf’s Answer

    To get an F-1 visa, he will not only have to show that he has the means to pay tuition and living expenses, but also that he has the motivation and strong ties to the country to return to Morocco after he completes his studies. For example, if he can get a letter from his employer explaining why this MBA is important for his career in Morocco and that he will have a job waiting for him when he graduates (assuming this is true and your fiance intends to return to Morocco with you). If the two of you intend for him to remain in the U.S., then you might want to start exploring a fiance visa or sponsoring him as your spouse, assuming that you are a U.S. citizen or permanent resident.

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  • My dad needs to renew his greencard.

    My dad needs to renew his greencard. It expires on 03/31/2016. I know that we shouldn't apply until 6 months before it expires. But, he needs to travel later this year, and it would be best if we apply now. Can we risk it and apply now? Or will we...

    Ralf’s Answer

    If he feels strongly that he wants to file earlier than 6 months before expiration, he should just misplace his current green card and check the box saying that his green card is lost. Then the USCIS will not care that it is more than 6 months before it expires.

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  • Eb1 green card on L1b Visa

    Hi, I just wanted to know what is the eligibility criteria for applying green card in EB1. Just to let you know I worked in offshore(india) as an Project Lead for 2.5 years and 6 month as manager before moving to US on L1B Visa. I am in US ...

    Ralf’s Answer

    It is possible that you would qualify as a multinational manager in this context. In such a circumstance, it may make sense to file for a change to L-1A first and if that is approved file the EB-1 immigrant petition.

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  • Can an H1B holder change jobs upon filing of new petition before getting H1B transfer receipt notice?

    While changing job on H1B from Employer A to Employer B , if the employment with employer A is ended while the H1B transfer has only been filed by Employer B ( receipt notice yet not received ) can the the H1B holder join Employer B from next day ...

    Ralf’s Answer

    • Selected as best answer

    Technically, yes. If there is no other choice one could depend on the FedEx or other courier confirmation of delivery as evidence of the filing of the H-1B petition. But it would be safer to wait for the receipt notice. If the petition is not properly filed (due to no signature, wrong amount of filing fee, etc.), then the option for portability based on the filing is no longer available if you have ceased your previous H-1B employment. But sometimes you have no other choice.

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  • Travelling to Canada by road while I-485 is under process

    Currently I am on H1-B visa. My H1-B visa stamp expires on 1st October 2015. My wife and kids are on H4.My I-485 is under process and my biometrics appointment is next week. I have applied for AP and EAD, but haven't received them yet. I want to ...

    Ralf’s Answer

    H-1B and H-4 visa holders can depart the U.S. and reenter in H-1B and H-4 status without affecting their pending I-485s.

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  • Hi my H1b expires June 30. If my lawyer applies for a H1 extension on June 29 can I stay in the country.also can I work july1

    H1 6 years applying for extension to recapture time while awaiting perm I 140

    Ralf’s Answer

    If you haven't reached the 6 year maximum, taking into account time spent outside the U.S. that you are seeking to recapture, then you can continue working upon the filing of the H-1B petition. But only up to the maximum period of 6 years that are being requested.

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  • New employer files for PERM And I140 but in the mean time the priority date becomes current. Will the priority date stay?

    Employer A had filed my PERM and I140 which got approved. I am now with employer B based on AC21 where I got H1b renewed beyond 6 years based on approved I140. If want to file for Green card my employer B would have to start PERM and file i140 a...

    Ralf’s Answer

    You can ask for the priority date of the first approved I-140 to be used for the second I-140. That previous priority date would not go away, unless there was fraud involved in the first I-140.

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  • Is it a good idea to cancel my pending case right now?

    I have been waiting for over 8 months to get a decision from USCIS after applying to change status from h4 to f-1 visa in order to get an OPT chance after graduating. now I have graduated last month and i have only 15 days to apply for ...

    Ralf’s Answer

    I'm afraid that you will not get an F-1 visa just so that you can apply for OPT.

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  • Green card based my marriage

    I am a student out of status since one year but work illegaly.i just got married with a us citizen who plan to file a petition for green card for me in September. But where I work illegally, my boss want me to get an ITIN number to pay taxes for...

    Ralf’s Answer

    Filing a tax return without a work permit will not have a negative impact on a green card application based on marriage to a US citizen.

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