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Ann Massey Badmus

Ann Badmus’s Answers

8 total

  • I-130 question - sibling and work

    I am a US Citizen, my sister is Australian and traveling here on a tourist visa. I would like to sponsor her for an I-130 visa. I know it can take a long while before she is considered (10 years last I read), but is there any way she can stay beyo...

    Ann’s Answer

    A tourist visa (visa waiver) generally cannot be extended and does not authorize work in the U.S. However, there may be other options for your sister to work in the U.S. depending upon her educational background. When your sister arrives, you and your sister should consult with an immigration attorney to determine her best options.

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  • Is it possible to obtain a green card if the woman can prove she was abused ?

    Would it be possible for a foreign woman who entered the US as a student and whose visa expired ,to obtain a green card under the "abuse woman law" if she is still legally married to an american citizen who has a criminal record ,and she left him ...

    Ann’s Answer

    In certain circumstances, immigration law does offer an avenue to permanent residence (green card) to foreign nationals married to abusive U.S. citizens or permanent residents. Because these are very difficult cases, your friend should consult with an immigration attorney familiar with VAWA (violence against women act) applications immediately.

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  • Can a U.S. citizen marry and legalize an illegal alien without the immigrant going back to his country

    Can a U.S. citizen marry and legalize an illegal alien without the immigrant going back to his country

    Ann’s Answer

    It is possible for an illegal alien to obtain legal status through marriage to a U.S. citizen without leaving the U.S. but it depends upon the immigration history of the illegal alien. An immigration attorney would need to review information about how the alien entered the U.S. and whether and when any immigration paperwork has been filed for him or her previously. to properly advise the alien and spouse as to his or her options. Consult with an immigration attorney before taking any action.

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  • Occupation limitations (From OPT to H-1B)

    I received two B.S. degrees (Economics and Computer Science) back in 2006 at an accreditied U.S. university. I'm finishing my M.S. degree in Finance at another U.S. university in August 2009. What concerns me is the limitations that my finance de...

    Ann’s Answer

    Based upon the information you have provided, if the computer/IT related job requires a bachelor's degree in computer science or related degree, you can still apply for the H-1B even though you have a master's degree in finance. Keep in mind, however, that your OPT requires that your job relates to your most recent field of study. You should consult with an immigration attorney before accepting employment related to your OPT and/or H-1B.

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  • Upgrade of I-130 for spouse

    I filed an I-130 for my wife but since then have become a US citizen. How do I upgrade my petition and what is the fastest way to get a green card or a work permit for my wife? She is in the country already. Thank you!

    Ann’s Answer

    Assuming that your wife was admitted into the U.S. legally, she can now file the I-485 application to adjust status to permanent resident. Along with the I-485, you would submit the I-130 receipt notice or approval notice and a copy of your naturalization certificate. At the same time, you can file an application for the employment authorization document (work permit). You should consult an immigration attorney before you file any immigration application so you can understand the full legal ramifications of the application.

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  • L2 to H1B Conversion Immigration question

    I am on L1B. I want to apply for H1B for my spouse who will be on L2 Visa. Q1. If he gets his H1B sponsored by an employer and if it is approved, Will his L2 Visa still be valid? Q2.In this case if his L2 Visa becomes invalid when he gets h...

    Ann’s Answer

    May I ask why you want an H-1B visa for your spouse? If it is simply to work, with L-2 status, he can apply for the employment authorization document (EAD). He does not need the H-1B visa. The EAD will give him the broadest options for employment and he will not have to compete for limited H-1B visas available. It takes about 3 months to obtain an EAD. However, if your husband has not had H-1B status previously, the earliest an employer would be able to file an H-1B petition is April 1, 2009 for an October 1, 2009 start date.

    If your husband obtains H-1B status and he loses his employment, he will not automatically revert to L-2 status. He will have to apply for the L-2 either in the U.S. or in India depending upon the circumstances of the H-1B termination. You should contact an immigration attorney immediately to fully address your situation and options.

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  • H-1 status after 6th yr expiry while PERM is in process.

    Hello, My 6th yr H-1 expires next month (includes all reclaimed time), and i have applied for the PERM LC in June 2008. Questions: 1) If my LC doesn't come through, do i have any options in other than getting out of the country. I have heard peop...

    Ann’s Answer

    If your labor certification is not approved and your H-1B expires, there may be other visa options available to you. However, each visa has specific requirements so it is important that you consult with an immigration attorney to determine whether you qualify for other visas or whether those visa options fit within your immigration plan.

    If you leave the country at the completion of your H-1B, you may not have to wait for one year to return in H-1B status. If your LC has been pending for 365 days or your LC and I-140 are approved and the priority date is not current in your category, your employer can apply for a one-year or three-year extension, respectively, and you can return to the U.S. upon approval of the extension.

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  • Can an unused H1 visa converted to new employer.

    I have my H1 visa stamped in India. But my employer was unable to find a client to engage me in any work. So my H1 is not used for the last six months. Now, a new employer is interested in providing me a job. Can the existing H1 converted to the n...

    Ann’s Answer

    Technically, there is no "conversion" of an H-1B from one employer to another. However, your potential employer can file a new H-1B petition for you. With premium processing (fast track), the new petition can be approved with 15 days of filing the petition. I am assuming you are in India now. If so, once the petition is approved, you can apply for a new visa at the embassy (this is the safest course to ensure admission into the U.S.). Of course, your new employer should engage an attorney to start and guide you through this process.

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