Since my I-94 was expired. Pleaes advise..
Assuming that you have a timely filed adjustment of status application (AOS) pending, you do not necessarily need to attached the H-1B approval notice to the EAD application - don't forget to include your AOS receipt notice though.See question
I have a 3-year Mathematics Bachelors degree from India, a 2-year MBA, and about 11 years of post-baccalaureate experience in computer science. For my EB2 green card, my employer requires me to have a US Baccalaurate in Mathematics, Computer Scien...
This is an interesting issue that you would be well served by consulting with your sponsoring employer's attorney. The short answer is probably not on both counts. As a general rule, the USCIS does not permit you to combine work experience with your India-based education to obtain the single 4-year BS degree needed for the EB-2. (The same generally holds true with your 2-year degree). That said, I would not rely on this conclusion without having an attorney take a close look at your education, work experience and any academic evaluations previously prepared on your behalf.See question
I am on L-1A in the 7th year that will expire in 10/2013. My company filed a GC application for me in 10/2008. I got my EAD/AP in 02/2012 that will expire in 02/2013. What's the best option for me at this stage?
Based on your L-1 time in the US, the H-1B is not really a viable option at this point. You can, however, legally remain in the US based on current USCIS policy with a pending AOS application and continue to work with a valid EAD after the L-1 expires. (I suspect that your GC case was filed in the EB2 or EB3 category - with your L-1A status, you are presumably working as a manager or executive; if you worked outside of the US as a manager for at least one year in the preceding three before your entry to the US as a nonimmigrant, an EB1 might be a viable option. EB1 petitions submitted with strong documentary evidence of managerial experience are being adjudicated in less than a year right now.)See question
I am told there is a memorandum, not a regulation, where USCIS states that if you travel on Advance Parole you will still be in H-1B status when you return, as long as you have a valid H-1B. I have H-1B extended through Sept, 2015 (6 years expi...
Your likely referring to the March 14, 2000 USCIS memorandum on dual intent issued by Michael Cronin. The topic is covered Chapter 23 of the Adjudicator's Field Manual that can accessed at www.uscis.gov.See question
.... in the next few weeks. But I have another job offer from a much bigger corporation in NY at much higher salary. Can I still apply for I485, what are my options ?
The short answer is probably not, although you would be well served to have your situation examined fully by an attorney. Had you filed an I-485 that has been pending for 180 days or more, you might have been able to "port" your employment and keep the GC matter alive. However, without the 485 in the queue, this will be an unlikely option.See question
On L1 visa valid till Jun'14.Spouse on L2 + EAD + 1-94 til Jun'14. Can she work til Jun'14 even if my company ask me to go back? I will still work for same company but not in USA.
Probably not - your wife's L-2 status is entirely dependant on your maintenance of the L-1 status . If your company reassigns you outside of the US, you will not likely be in a posiiton to maintain the L-1.See question
My 5 Years Time Limit on current L1B will be expired on 10/30/2012 and I am traveling to my country on in mid Oct 2012. My question is can my employer apply for new H1B in April 2013 (as i have not completed full 6 years term but 5 years) ? I...
Your understanding is correct. You might also consider an absence from the US for a complete year which would entitle you to a fresh 6 years on the H-1B.See question
1. can I use advance parole to return to U.S. while my H1 visa application is in administrative processing? Will it jeopardize my current H1 status or I140 application? 2. ( If I can use AP returning to the U.S. ). After administrative com...
Under current USCIS policy, you can re-enter the US on your valid AP and still maintain (and later extend) the H-1B visa. That said, it is preferred that you travel on a valid H visa, but the AP should work if need be. Please also be cautious about exiting the US while you have an H-1B extension pending. I recommend that you consult an attorney and/or your employer before travelling.See question
My spouse (who is in valid L-1visa till Apr 2013) was asked to leave US to work in India for the same company. I have my l2 visa and EAD valid till Jul 2013. How does this affect my L2 EAD status? Can i continue my stay and work in EAD as long as...
It really depends on the nature of the transfer and whether it is incidental to his employment in the US on L-1 status. If your husband's transfer to India is temporary, and he will be returning to the US on his L, you are probably OK. However, if the transfer is long term, then your EAD and L-2 status could be an issue.See question
I'm working on H1b visa and I'm in the 6th year of my H1b. I've an approved Labor and I140 with my current employer. I've only 5months left in my current H1b. I'm trying to transfer my H1b to a new employer. Now if I transfer my H1b to a new empl...
You could possibly be eligible for the 3-year extension provided that your sponsoring employer does not formally withdraw your approved I-140. From a practical standpoint, this situation rarely, if ever, comes up with post 6th year H-1B extensions based on an already approved I-140. That said, I would question your success in this regard without ensuring that the USCIS will not receive such notification from your I-140 employer.See question