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P. Mercer Cauley
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P. Cauley’s Answers

33 total

  • Can I resign with my current employer and join the new employer with the H1b Transfer FedEx Receipt number?

    I am currently on a H1b with company A working for Client X. I got an offer for a full time role with Company B where I would be working for their Client Y. The new employer has initiated my H1b transfer under Regular processing category and I wan...

    P.’s Answer

    • Selected as best answer

    I would recommend you wait until you have the receipt notice from USCIS before you quit. Once you have the receipt notice, you know everything have been filed and you are free to begin employment with the new company under current immigration procedure.

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  • Applying for visitor visa while I-130 pending ?

    I'm a us citizen , I have filed I-130 for my mother , and it is still processing , can my mother apply for visa to come visit me or she cant because he have I-130 pending ?

    P.’s Answer

    She can apply for a visitor's visa while an I-130 is pending, however the pending immigrant petition may impact the consulates decision on the visitor's visa. They would be concerned that she would use the visa to come to the US and then stay since she is the beneficiary of a pending immigrant petition.

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  • Last year I overstayed my Visitor VISA only for 4 days, BUT I was a minor! Will I have any problems when re-entering as a F1?

    Last week I was issued a F1 VISA with no problems, did they keep my departure records and will I have any problems re-entering as a student and does the consulate knew if I overstayed a VISA?

    P.’s Answer

    • Selected as best answer

    If you were under the age of 18 when you overstayed your visa there should not be a problem. Unlawful presence does not accrue for a minor. Also there is no bar for overstaying a visa if less than 180 days, so you should be ok. This does not mean you might not have questions and delays when entering but the 4 days does not make you inadmissible from entering the US on a new visa. Your old visitor's visa however is no longer valid due to the overstay.

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  • How to work for an US employer without H1B visa being filed in the current fiscal year?

    I had worked for a client through a consultancy for 2+ years from 2011 to mid 2013 (from offshore) I no longer work with the consultancy now, but the client is interested to hire me directly. The missing piece is obviously getting the visa. The cl...

    P.’s Answer

    You need to have your specific case evaluated by an immgiration attorney. It may be possible to qualify under a different category of visa depending on such facts as, your position overseas and the type of corporation which hired you "off shore" and now possibly in the US. There may be options but much more information would be needed.

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  • Do USCIS have valid reason to rescind my wife Green Card

    I applied for adjustment of status for wife which was approved in feb 2014. my wife entered the USA on august 5th 1999 and applied for DED for Liberian in Dec , and was finger printed on Dec 03, 1999. She was approved Feb 14, 2000. Today we r...

    P.’s Answer

    This question may be decided on what your status is. If you are a US Citizen or a lawful permanent resident. I agree you need to speak with an immigration attorney to review her status and have you apply for citizenship if you are not already.

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  • How can I get a legal id for immigrant in mass?

    I need a mass id to carry or change cheack am not legal I been working for 5years I will like to get some information and how to get id

    P.’s Answer

    It is difficult to get a state issued ID these days without being able to show some type of legal status or without a work authorization. Your best option would be to see if you can qualify for any process which may give you a work authorization card such as DACA. Outside of an employment card you will need to speak to someone in Mass who knows how the state works with giving IDs.

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  • Changing the visa from B2 into F1 or F2

    I'm in the U.S with B2 visa, if I get a university admission and they should turn my visa into F1 or F2. Should I leave the states or they can turn the visa while I'm staying here ??

    P.’s Answer

    If you want to have a visa, you will need to have the univeristy provide an I-20 and return to you home country to process through the US consulate. If you change your status in the US, you will be provided with a new I-90 but you will not receive a visa which will allow you to travel.

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  • Any lawyer in Houston Texas to help with correction of date of birth after naturalization?

    Any lawyer in Houston Texas to help with correction of date of birth after naturalization?

    P.’s Answer

    You need to go to the find lawyer section. You can locate a Texas attorney there. This forum is for legal questions.

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  • If i change my status from F 1 to R 1 if i m in USA can i travel back to my country on that R 1?

    I still have student visa until 2015

    P.’s Answer

    If you just change your status to R-1, USCIS will give you a new I-94 showing a new status. You will not recieve an R-1 visa. This means you can leave the US but would not have a visa to return. In order to get an R-1 visa, you would need to apply for this in the US consulate of your home country. Having an R approved by USCIS prior will help your case with the Department of State but it is a seperate process and your visa could be denied at the consulate.

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  • Getting a US Citizenship/Green Card with a dismissed misdemeanor?

    I got in trouble with the law early 2013 and I have been out of trouble ever since. I plead guilty with a deferred adjudication, I turned in all of my signed community service papers, I finished my class, and I have been trouble free for a year (t...

    P.’s Answer

    The word misdemeanor in criminal court does not aways mean it is nothing for immigration purposes. Each criminal case need to be analyzed on its on by looking at the state's criminal law and federal immigration law. Also you need to be careful with the deferred adjudication. Sometime states require you to admit you commited the crime in order to get the deferral. This could cause problems with immigration procedure. You need to speak with an immigration attorney in Colorado who can look at the criminal code for that state.

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