Skip to main content
Elaine Martin

Elaine Martin’s Answers

978 total


  • H1 Transfer while out of USA. Can I still travel on first H1B petition approval notice?

    I got H1B approved through Employer A and got visa. But I could not join employer A and never used my H1B even after 8 months of visa stamping as Employer A did not have project. Meanwhile Employer B also sponsored me job and transferred my H1B, s...

    Elaine’s Answer

    You can use the unexpired H-1B visa that is in your passport for Employer A, even if you intend to work for Employer B. However, you must tell the immigration official when you enter that you will be working for Employer B and show them the approved petition.

    See question 
  • I am going to file I485. H1B valid. However, no stamp. As never gone outside US. Should I file I131?

    I am planning to file I485 with approved I140. Current H1B expires 04/01/2011. I came with J1 and converted to H1B. As never gone outside US so no visa stamp. Do I need to file I131 with I485? Is there any extra fee for I131 (along with I485). If...

    Elaine’s Answer

    I always recommend that a person include an I-131 (for Advance Parole) when filing a 485 now, since it doesn't cost anything extra. That gives you the option of returning to the US on the Advance Parole or on a H-1B visa. In most cases, it is much easier to use AP, rather than have to go through the hassle of getting a new visa at a consulate overseas. Having AP also allows for easier travel in case of emergency.

    If you use AP to return but your underlying H-1B is still valid, you do not lose your H-1B status.

    See question 
  • B-2 Visa Extension

    I am wondering if you could help me out with a question regarding a non- immigrant visa: I applied for an extension on my B-2 tourist visa over 6 weeks ago now and am still waiting on a response from the UCIS. (I received a confirmation receipt t...

    Elaine’s Answer

    In general you are authorized to remain in the US while an extension of status is pending, provided that the extension was filed before the prior status expired.

    See question 
  • What happens to a k1 fiance visa holder if she does not marry the petitioner?

    What happens to the k1 visa holder if she came to the US to marry her petitioner but he was abusive so she did not marry him. He has left her with no money or support and somehow , with no spoken English, she manage to find a way to get to her re...

    Elaine’s Answer

    Since you are in Texas, I recommend this attorney who has lots of immigration experience, especially in family cases: http://www.verdinlaw.com/. He posts answers to Avvo also.

    See question 
  • Where can I get my first H1-b stamping? :(

    Hello, I am sending an inquiry about applying for my H1-B visa for the first time. However, I have some few questions I would like to ask to know if that is possible. I am a citizen of Sierra-Leone currently living in the USA and has never been...

    Elaine’s Answer

    • Selected as best answer

    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.

    See question 
  • What options does my bf have to obtain legal status is the United States?

    I am a US citizen and have been dating my bf for 3 yrs. He is a illegal Immigrant. He is from Armenia came into the US with his mom when he was 5 yrs old. They entered the U.S. with a Visa and overstayed it. He is now 23. He is basically an Americ...

    Elaine’s Answer

    Your boyfriend may not have to leave if he entered the US legally and overstayed. If he was ordered removed because the previous filings were denied, then he may need to leave, or he may be eligible for relief under something called 245(i). The legal analysis is complicated and requires an attorney with lots of experience. I suggest that you check here for attorneys near you who could help: http://www.ailalawyer.com/. Good luck.

    See question 
  • My marriage to a U.S. citizen is fallin apart and we are going to file for divorce, but i only got my unconditional permanent re

    resident card 3 months ago. Also i never received a 2 year condition before the unconditional. Is it becuase we were married 2 an a half years ago before the interview and when i recieve the unconditional card? The thing i'm concerned with is wh...

    Elaine’s Answer

    • Selected as best answer

    Contrary to what the previous poster says, you don't need to remove conditions if your permanent residence never had conditions attached. If you were married for over 2 years before the PR interview, you would have received a "full" green card and there is nothing further that you need to do regarding your PR.

    See question 
  • As a U.S. Citizen I am able to petition for my husband if he was deported and has criminal background?

    My husband was deported for been gang affiliated and for criminal background. He was arrested for having a gun whichI believed was consired a felony and I wanted to know is there a chance that I can still petition for him to become a resident or ...

    Elaine’s Answer

    I strongly recommend that you speak with an attorney in your area who is familiar with both immigration and criminal issues. Many immigration attorneys don't specialize in criminal issues, and expertise in this is critical in your situation. Knowledge of local criminal law is important, because this can effect the immigration consequences. Good luck.

    See question 
  • Am i eligible to apply for citizenship?

    I am permanent resident of US for 5 years now. I had a trip in between for more than 6 months but less than a year which broke my continuous residence. After how much time after i came back to US from that trip, am i eligible to apply for citizens...

    Elaine’s Answer

    Just to clarify Matthew's answer - you need to be a permanent resident for 5 years before you can apply for citizenship (or 3 years if married to a US citizen for that time) but you do NOT have to be physically present in the US for the whole 5 years. You need to be physically present for half that time. See the link below for details of the requirement.

    See question 
  • Can H4 be outside US while H1 person does H1transfer

    Iam on valid H1 petition from employer A expring april 2010.My Spouse had to travel to india because of a family issue. I have got an offer from Employer B and he is ready for Premium processing and he wants me to start working as soon as possi...

    Elaine’s Answer

    I hope there is a mistake in your question - you say your H-1B from Employer A expired in April 2010. In that case, you are out of status now. If there is a mistake and the H-1B has not yet expired, your spouse should be able to return to the US on her existing H-4 visa. CIS has specifically stated that a person's H-4 does not need to be changed because the H-1B employer changes. The one issue to watch for is that her H-4 expiration will be different to your new H-1B expiration, so she will need an extension soon.

    See question