Skip to main content
Calvin T. Sun

Calvin Sun’s Answers

1,124 total


  • Annotation (**) on CR1 Visa

    Hello, My petition was F2A based, but my spouse just got her US citizenship. So we submitted the proof to update the petition. Before we get any response I just finished interview at Mumbai consulate and got my visa (160 days instead of 180 d...

    Calvin’s Answer

    Your immigrant visa stamp may allow you to be admitted as a lawful permanent resident. Shortly afterward, you should receive your green card by mail.

    See question 
  • Job letter from company can ONLY state <Name> will be hired as a full time employee upon green card receipt. Is it OK for I485?

    I'm working for Company B. I have an approved I-140 from Company A. I want to file I-485 using Company A's I-140. Company A will only state in the job letter that <MY NAME> will be hired as a full time employee upon EAD or Green Card receipt. They...

    Calvin’s Answer

    This letter most likely will require more detail.

    See question 
  • H1b denied, M1 in process... what is my status

    My H!b with an expiry date on 01/04/15 was ultimately denied an extension on 09/04. In the meanwhile a petition for change of status to M1 visa was filed in June 2015. With my H1b extension denied what is my status. Can I wait for a decision on M1...

    Calvin’s Answer

    I do not understand the dates of your H-1B. In any case, filing motions to reopen or reconsider do not freeze any status. For example, if you began to have unlawful presence, it would continue to accrue even while you wait for a decision.

    See question 
  • Do I need a re-entry permit when i have a pending green card application, if my H1-B visa is still valid?

    I am currently in the process of applying for a family-based green card; I have received a notice that the interview will be scheduled soon. At present, I am in the US on an H1-B which is valid until July 2017. I will be traveling back to India (m...

    Calvin’s Answer

    In your case, you need no re entry permit

    See question 
  • My friend come in the US on a fiancee visa and got married to another US citizen. Will she be granted a green card?

    Immigration

    Calvin’s Answer

    Marrying a citizen other than the K/1 petitioner complicates things.

    See question 
  • I am a green card holder and I want my mom from the Philippines to visit me in the US. What are the steps and requirements?

    Immigration

    Calvin’s Answer

    She will need a B-2 visa and to prove sufficient ties to her home country.

    See question 
  • Came in America from Mexico without been inspected?

    This man I know came to America back in 2011 without been inspected by any of the us custom border, he's now married to a us citizen can he apply for his green card in here, does he need to go back to his home country?

    Calvin’s Answer

    A person must enter WITH inspection in order to adjust.

    See question 
  • Can I retain my priority date with the new company if previous company revoked my I-140?

    Hello, I am currently employed with company A and have an approved I-140. I have an offer from Company B. Can i retain my priority date with Company B if Company B files my GreenCard after 6 months? What if Company A revokes my i-140? Shoul...

    Calvin’s Answer

    Unfortunately, because a recent decision, revoked I-140s will not retain priority date.

    See question 
  • H4 to F1 conversion and filing a divorce

    Hi I came to USA in the month of May on H4 visa. I applied for COS to F1 and USCIS has received my papers on July 20 since then i Haven't heard back from them. My wife who is on H1b visa right now is asking me for divorce now. If i apply for divor...

    Calvin’s Answer

    f-1 and a divorce should not be an issue. F-1 is not a dependent status as F-2 is.

    See question 
  • Is working at another location than the one mentioned on H1B counted as violation of terms of maintaining H1B status?

    I will be working at my employer's foreign office for a year, but my employer will hold my H1B visa since I plan to return a year later. Also, I might be on the foreign payroll (still to figure that out) - does payroll matter for the H1B to stay a...

    Calvin’s Answer

    If you work outside the US, you are not violating any status.

    See question