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Elaine Martin's Answers
- 977 Legal Answers
- 3 Legal Guides
1
Attorney answers:
Immigration question - Minimum wage for H1-B filling
Every employer must show that it is paying the "prevailing wage" to the foreign national when it files a H-1B petition. This prevailing wage is obtained from a salary survey, and DOL has one of these surveys at : http://www.flcdatacenter.com/. The employer does not have to use DOL's survey, however; it can use another one that complies with DOL requirements. Once the salary offered meets prevailing wage, it doesn't matter if it is lower than the salary on a prior H-1B filing.
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1
Attorney answers:
How long does it take to renew H1B visa and can i travel while it's renewing
The H-1B processing time depends on where you are working. Assuming you are in Maryland, the petition is filed at Vermont Service Center. Processing times are listed here: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs. You can travel while the extension is pending, however there could be some complications if you return on the old visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the...
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1
Attorney answers:
With B1/B2 visa, can I apply for a Social Security Number?
You cannot legally work in B-1/B-2 status, and it is extremely unlikely that any Social Security Office will give you an SSN. You normally need to show that your immigration status allows you to work before you can get an SSN. I advise you to try to get a status that allows work rather than work here in visitor status.
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1
Attorney answers:
How to cancel my spouse green card
There really is no way for you to cancel your spouse's green card. Assuming that s/he got permanent residence honestly and legitimately, there is no basis for CIS to revoke that permanent residence now. It is regrettable that you are having marital problems, however this does not affect your spouse's eligibility for permanent residence.
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2
Attorney answers:
Where can I get my first H1-b stamping? :(
You may be able to get the visa stamped in Canada or Mexico if you have a clear immigration record. Consulates vary in their procedures, so you need to contact the consulate directly to see if they will take your application. Good luck.
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2
Attorney answers:
Permanent Residency revoked?
The answer depends a lot on the immigration officer that the permanent resident (PR) meets at each entry. Some officer will let a person in without questions, others will question intently and might revoke the PR if they feel that the person abandoned PR. I strongly recommend getting a re-entry permit for anyone living outside the US for over 6 months. See blog link below for details.
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2
Attorney answers:
Immigration - please assist H4 holder whose spouse seeks divorce
You contacted me privately about this and I answered.
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2
Attorney answers:
Convert from H1 to F1 Visa
You should be able to change from H-1B to F-1, although CIS might question your nonimmigrant intent since you have been here for 6+ years and are going through the permanent residence process. However, I have done a few H-1B to F-1 applications and CIS never raised questions, just approved the change. See the blog post linked below for more details. Good luck.
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3
Attorney answers:
Can a citizen get married to an immigrant who entered the us illegally? What would we need to get married?
Did your boyfriend enter legally and overstay, or did he enter without inspection? If he entered legally, you should be able to file for his permanent residence and he can get it in the US, assuming he is otherwise eligible. If he entered without inspection, the process is more difficult. He needs to apply at a consulate in his home country. He needs to show that it would cause "extreme hardship" if he were not allowed back to the US. "Extreme hardship" is a very high standard - it needs...
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2
Attorney answers:
After 5 1/2 years on H4 visa, change to F1 and change to H1 thereafter. How much time on H1 will be available - 6 years ?
Actually, USCIS published a memo in December 2006 that stated that H-4 time did not count towards H-1B time. Before this memo, we all worked on the basis that a person got 6 years of any combined H/L time, whether it was H-4 or H-1B, or even L-2. This means that you would get your fill 6 years in H-1B status once you are eligible for this status.
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