Michael Harold Sharon’s Answers

Technically, so long as you are in status at the time you file for a change of status, you are considered to be maintaining status until the USCIS adjudicates the petition/application. So, as long as you are still in H-1B status when you file to change to the H-4, you should be able to remain in the USA while you await the USCIS adjudication of your application. Of course, this information's applicability to your case would depend on the specific circumstances of your case, which you should...

Arguably, the fees and expenses associated with the H-1B visa are the employer's responsibility and cannot be charged back to you based on the position that the Dept. of Labor has taken.

If you have not yet become a naturalized US citizen, a DWI conviction could be considered evidenct that you lack good moral character, which could push back your naturalization for 5 years (3 if you are married to a US citizen). If you are already a US citizen, the DWI should not prohibit your obtaining a passport.

My colleagues' answers are correct. The H-4 is not tied to a particular employer, like the H-1B, rather, it is tied to the H-1B visa holder. When she goes to India and applies for the H-4, she should receive it since you are on a valid H-1B with the employer who petitioned for you and she should receive an H-4 visa that runs parallel to your H-1B.

If you will be departing and returning to the USA any time after 02/04/2012, you would need to get a new H-1B visa stamped in your passport in and event. You may as well get that done during your next departure from the USA and reenter on the new H-1B, thereby resolving the issue you present. As far as an answer to your questions is concerned, it should not matter if you return 1 day or 100 days prior to the expiration of your visa, if otherwise admissible, you should be allowed in on the valid...

The short and simple answer is "not practically." An employer could file a Labor Certification application , which could be approved, but since the person is out of status, the likelihood is great that he/she will need to go to his/her home country American consulate to apply for the green card. Since the person has been unlawfully present in the USA for more than a year, he/she would be subject to a 10 year bar on reentry as soon as he/she departs the USA. The only option for someone in this...

Mr. Jolic is correct in his responses.

Not usually. Generally, a single conviction for shoplifting can be covered by the petty offense exception. With any deportation case or foreign national accused or convicetd of a criminal activity of virtually any sort, it is recommended that the foreign national consult with an experienced imigration attorney.

While an H-4 is not authorized to work in the USA, he/she can own an LLC. You are eligible to own it, but NOT work for it. You can enjoy profits from the LLC, but cannot work for the LLC.

Yes, you are able to divorce him while he is not in the USA. Service of the divorce papers might need to be made by publication. That could slow the process down. If you started te divorce while he was living in your home, you could make a motion to the court to have him ordered to leave the house. You need a domestic relations lawyer in your area.