I recently went out of status after I got laid off. Now my lawyer is saying we cannot file for H4. And only option I have to go out of country for stamping. For some reason I don't want to travel back to my country. Can I travel Mexico f...
Once you are out of status, you cannot regain, change or extend status. Your lawyer's advice is correct based on the info you have provided. Further, you will probably not be admitted back into the U.S. if you no longer are employed and held an employment-based nonimmigrant visa. Any other information you should consult with an immigration lawyer to examine all issues.See question
I have come in this country on visiting visa and plan to study further. I am willing to do my masters and then PHD (Education). I have two options 1. San Francisco State university 2. University of California, Berkeley. After comple...
If you think that completing a certain degree will make you an easy shoe-in for EB-1, you are sorely mistaken. EB-1, whether extraordinary ability or outstanding researcher, are difficult cases to win with USCIS, especially the extraordinary ability category. It's absolutely impossible to answer your question with the information you've provided here. You should sit down with an attorney, have your updated resume on hand, showing all your national or internationally-acclaimed achievements and let him/her analyze whether you would have viable EB-1 case.See question
My 2yr card will expired in 2/14/2014 , do I have to apply this month ?
If you don't know, or have doubts about what types of evidence you should include with your I-751, then you should talk with a lawyer to help you understand what the case and the burden of evidence is all about.See question
My friend majored in accounting, now with a bachelors and working on getting his masters and CPA certificate. He got laid off recently by an accounting firm he worked for. The reason is, the boss promise to file a green card for him but after 8 mo...
Your "friend" should discuss his situation with an immigration lawyer instead of having the entourage do the research for him. He cannot file for an H-1B petition, only an employer can do that. If he is in OPT status and has a prospective employer, the employer could file a petition, but the filing will not take place until April of 2014 for a work start date of October 1, 2014.See question
I have received from the government deferred action through the Dream Act and have also received the right to work legally in USA. I worked many weeks in USA and have been paying taxes, does this mean I am able to apply for a residents card?
As the Argentinan funk band The Valderramas sings, No way Jose, no way. This should have been explained to you by your lawyer who assisted you with filing your DACA application. If you didn't use a lawyer, now you should know that having DACA does not grant you legal status in the U.S. in any way, and therefore does not open the door to permanent residency. The exception to this is if you were previously lawfully admitted into the U.S. (say, with a B1/B2 visa) and are married to a U.S. citizen who is now filing for your marriage-based case.See question
please could you assist with what we need to do to change our visa, to allow us to build our company. and what visa would be the right one to get.
I second my fellow attorney below, and add that, assuming you are a national of a treaty trader or treaty investor visa country, not just any business qualifies for the investment visa. Speak to a knowledgeable attorney for this matter because these are complex issues.See question
what do I need to do that
You will need to gather evidence and make a strong argument as to why you need to extend your stay, and submit proof of your ties to your home country. USCIS doesn't just grant your extension because you'd like to stay here and hang out.See question
I got my I-140 approved ( EB1 category). I went ahead and filed my I-485 which was received by USCIS on September 11th.I have not received my biometrics appointment letter. I have asked for a service request since it is more than a month. I also f...
It's not clear which petition/application received the RFE, but since you have at least one pending application/petition to change and adjust your status, you will not file out of status come November 21st because the pending application/petition keep you in a period of authorized stay.See question
I am on H1B. I came to US 2 months before and I was not put up in a project in which I was told for. Also, my employer is not paying me anything and he says he will not pay me until I am on bench. I am worried about my legal status and also, I am ...
You may have a claim against your employer for unpaid wages because every H-1B employer attests to pay the H-1B employee the required wage for the position once the worker is in the U.S. in H status. Claims against employers who violate the DOL regulations may be filed with the DOL. In the meantime, if you are able to seek and secure new employment with a new employer in position for the same or similar occupation, you may be able to port to the new employer.See question
Case details: 1. H1 valid upto Feb 2014 2. Labor and 140 approved. 3. 485 filed and pending. 4. EAD and AP combo card available. My H1 is about to expire in FEB 2014. Completing six years of H1 in Feb 2014. My green card sponsoring em...
Have your employer speak to an immigration attorney. Yes, employer should be able to extend your H, but it is always a better course of action to file the extension before the expiration of your H term. No need to create potential complications for no good reason.See question