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Mary Elizabeth Ryan

Mary Ryan’s Answers

19 total


  • I'm working on an H1b visa and soon getting married to a US citizen

    I'm working on an H1b visa which is valid till end of June, 2012. I will be getting married in March 2012 to a US citizen. To work after the expiration of my visa in June 2012, what paperwork should I complete so to start working July 2012 based...

    Mary’s Answer

    Timing is everything in immigration. To ensure that you minimize or avoid any interruption in your ability to work, you really should at least consult with an experienced immigration lawyer who can provide you with information on the process and the timing of the steps in the process. By the way, as my colleagues stated, you will be seeking a green card first, then later you will be eligible to apply for citizenship.

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  • My husband is in H1B, his visa expires in may 2012, now am pregnant, .due date 30th june, what happens if h1b denied?

    We are confused, is it possible to stay here till my delivery .And how many days i can stay here after my delivery.

    Mary’s Answer

    My colleagues are all correct. I might add a couple of points. An employer may seek to extend H-1B status or obtain H-1B status within 6 months of the effective date. Your spouse should urge his employer to start the extension as soon as possible so that you will have time to plan. If the expiration is in May, then it is legally possible to file as early as December - again within 6 months of the effective date. You may also seek premium processing for adjudication in two weeks. This way you will be able to plan and, hopefully, reduce anxiety!

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  • Can I convert my L2 visa to an L1 or H1 ? If yes, what is the procedure?

    I'm currently here in the US on an L2 visa and have also received my EAD. I had taken a leave of absence from my employer in my home country while accompanying my spouse here (on L1). My employer wants to employ me here now and I am working wit...

    Mary’s Answer

    Your employer and its immigration attorney should be making the decisions about whether the facts support an L-1 or an H-1B. Regardless of the avenue that your employer decides to pursue, it should be started immediately to ensure that a petition is filed in time to obtain the new status before your current EAD expires.

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  • Green card sponsorship on a part time H1b

    I am currently working in a full time job under an H1b visa. Is it possible for me to start my own company and work on it part-time, and after the company is able to pay me a prevailing wage, have it submit a H1b petition for a part time position ...

    Mary’s Answer

    A recent change in policy at the USCIS may permit you to start a company and file an H for yourself. There are, however, specific terms and conditions that must be met in order to file a successful H-1B petition as an owner/employee. You may not, however, work for anyone, including yourself unless and until you have an approved H-1B that authorizes that employment.

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  • Its regarding visa status.

    i'm on F1 visa and i want to bring my wife on F2 visa..she already got B1/b2 visa is that possible tochange her visa status in usa?? and if so how long does it take?? and in how many days she got to apply for change in status?? then can she apply ...

    Mary’s Answer

    Your question raises a number of issues and you should consult an attorney before setting off on any course of action. Please note, as a general rule, when anyone enters the U.S. on any particular visa, it is expected that the person intends to comply with the terms and conditions of that visa.

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  • H1B Visa - Passport Requirement

    When changing status from F1 to H1B, is there a requirement of how long your passport needs to be valid before it expires? I have heard people saying at least 6 months to people applying with expired passports. What does the law says? Thank...

    Mary’s Answer

    Basically, when someone is entering the U.S., a passport must be valid for at least six months, but there are exceptions and different rules for different countries as to extension of passports. As for change of status, a beneficiary is required to have a valid passport at the time the H-1B petition is filed and is also required to ensure that he or she has a valid passport during the entire period of stay.

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  • How are the 18 months of physical presence requirement for Naturalization of spouse of US citizen counted?

    Is the 18 months physical presence required in the prior three years from date preceeding filing of application ( as stated in "General Eligibility Requirements under 319(a)") or is it sufficient to have a total of 18 months since acquiri...

    Mary’s Answer

    The physical presence requirement is for the three year period immediately preceding the filing of the application. If you have substantial gaps in your physical presence since you became a legal permanent resident, or plan to travel after you file your application, you should consider consulting an attorney to ensure that you actually qualify for naturalization.

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  • If one enter to US with H1B visa ,when he can apply for green card?

    I have phd in accounting and I got an offer from a company

    Mary’s Answer

    As other lawyers have indicated, legally you can file anytime and should file as soon as possible due to the long wait for a green card in some categories. Your sponsoring company may have certain polices about when they will start a green card for an employee. You may wish to inquire into the policies before accepting the job offer if waiting is a "deal breaker" for you.

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  • I hold a J-1 visa with 2 year residency requirement. I just got hired by a U.S. company, and my position requires frequent trave

    to my home country. Can the time spent in my home country be counted towards the 2 year requirement? If the company makes a contract and pays me through my home country? If this is not an option is it hard to get a no objection waiver for a fulb...

    Mary’s Answer

    Hello: You must speak as soon as possible with an attorney familiar with the various avenues to obtain a waiver of the two-year home residence requirement to obtain advice based on the specific facts of your situation. This is your future!
    Generally, time spent just visiting at home is not going to be counted towards satisfying the requirement. You should consult an attorney to determine the best way to satisfy the requirement. Moreover, again, generally, getting a waiver of a Fulbright obligation is difficult.

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  • Is my i 94 status still good?

    I an a Canadian, was denied my i 485 because I was admitted into the us on a d2 visa, because I work on a cruise ship. My officer told me, my i 130 was approved, my advance parole was given, but I needed to go BACK TO CANADA , GET RE ADMITTED , A...

    Mary’s Answer

    Your situation is complicated and you should seek legal advice. An experienced immigration attorney can elicit facts that you may not even know are relevant. In general, if you were paroled into the U.S. based on a pending adjustment of status and the adjustment was denied, your status is no longer valid. Time is of the essence; seek legal advice!

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