Michael Harold Sharon's Answers

Re-entering US on I-797 from emplyer B (current emplyer) and H1-B stamp from frmer emplyer with 30 days or less left on stamp

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...

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Can I still get a passport if I have been charged with a DWI in the state of Minnesota

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.

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Can an employer sponsor an immigrant that overstayed on visitor visa

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...

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Does getting H4 after having H1-B cancels the H1-B?

People with multiple applications/petitions pending simultaneously should consider sending a letter to the USCIS to withdraw whichever application/petition they do not need as soon as the first choice application/petition is approved. In the alternative, a trip outside the USA and visit to the American consulate to apply for the desired visa stamp to be placed in the passport, followed by a return to the USA in the desired status could resolve such an issue, too.

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Green card problem

After resolving the DUI and your wife naturalizes, you can apply for permanent residency. There may be some complexities with your case which should cause you to hire an immigration attorney for the immigration aspects of your case.

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Marriage based green card interview

They will interview your spouse and you together unless they have some reason to be concerned that the marriage is fraudulent, in which case they will interview the two of you separately.

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I have been a permanent resident for over 5 years. Since that time, I've gotten married and changed my last name

Many USCIS offices will want you to have filed for a replacement green card before you file for naturalization. In fact, you are required under the law to carry your green card with you at all times. Nonetheless, some people file for naturalization with expired and lost green cards and sympathetic examiners have been known to proceed with the naturalization and let the lack of the original green card slide, which seems reasonable since they can confirm that you are a lawful permanent resident...

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Is living in the US under a grace period considered legal?

Not only are you in legal status, you can file to change your status to another nonimmigrant visa category for which you qualify during this grace period.

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If you apply for h1 visa, will your b1/b2 visa automatically cancelled by immigration?

So long as the consular officer has no reason to cancel out the B-1/B-2 visa, they can place an H-1B visa in the same passport. Upon entry, make sure to present the visa that is appropriate for the specific entry. Check your I-94 as soon as the passport is handed back to make sure the correct visa type is listed. You can only be in the USA on one type of visa at a time.

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USCIS, immigration laws crimes of moral turpitude, can first offense for shoplifting lead to deportation

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.

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