Kelly Marie McCown's Answers

What will happen to Green Card process, once L1B's 5 year period completes?

You may need to consider changing status to H-1B to be able to extend your status beyond your current five-year maximum. H-1B visa holders can obtain 1 or 3 year extensions indefinitely until the green card is approved. The ultimate timeframe for the green card process depends on your country of birth as well as preference category, so it is difficult to answer that part of your question. However, you can still be sponsored for a green card while outside of the US. I would advise discussing...

4 people marked this answer as helpful

Work permit expire and gets caught by immigration what to do?permit

I would recommend that you/he talk with an immigration attorney because it's a complicated situation. If he left while in immigration proceedings, research would need to be done to see if the immigration judge issued a removal order that would bar his return. Also, depending on his status when he left, he might be subject to other bars such as the 3 or 10 year bars for overstaying an I-94 card for longer than 180 days. Waivers of these bars may be available based on your US citizenship....

2 people marked this answer as helpful

My H1B expired in August. A company wants to sponsor me for an EB2.

Unfortunately, PERM recruitment takes 60 days and processing is taking 8-9 months. Once your PERM application is approved, it would be possible to request premium processing of the I-140. Then, when the I-140 is approved, if your priority date is NOT current you are eligible to receive an H-1B valid for 3 years. So you may want to discuss with an immigration lawyer whether filing in EB2 is really to your benefit if your goal is to be back in H-1B status ASAP. (Of course, the category of...

Selected as best answer

Immigration I864. Can my husband (sponsor) use house in my name as asset in I-864 as California is Community of Property State?

If your income alone meets the 125% of poverty line for your family size, then proof of assets wouldn't even be required. But even if the house is in your name, you can include it toward the support requirements. However you would have to have a recent appraisal and submit mortgage statements to show your actual equity if you rely on the house as an asset. Read the I-864 instructions -- the form is complex but the instructions are fairly good. You do need to pay for a new medical exam and...

1 person marked this answer as helpful

Wealthy US Citizen wants to employ a foreigner as consultant 4 startup on H1B. I want to pay to him in UK, possible?

H-1B sponsors must be "US employers," meaning that the company must be legal established (usually incorporated), with a business location, business licenses, etc. The employees also must be paid as "employees" with taxes withheld and W-2 isssued. There have been some exchanges of letters between USCIS and immigration lawyers that suggest that in some circumstances an H-1B can be paid from abroad, but this is typically in the case of a multinational corporation with payroll centralized abroad....

1 person marked this answer as helpful

I am a permanent resident intending to marry my b/friend who is here illegally since 2001, can his status be changed due to this

Hi Ann, It will be much faster if you become a US citizen and then sponsor your boyfriend for permanent residence. The process in SF once you are a citizen should take only about 4-6 months. Presuming that he has not left the US since 2001 when his F-1 visa expired, he would not be barred from adjustment of status to permanent residence based on the overstay, but as this complicates your case I would advise that you speak with an immigration lawyer to be sure that he will qualify for a green...

1 person marked this answer as helpful

I-130 Application.

I assume that you mean that you are filing an I-485 application for adjustment of status. I would handle this by filing the I-102 first, and including the receipt notice with the I-485 application. Follow the form instructions for where to file each of the applications. I hope this helps! Disclaimer: This answer is for informational purposes only and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client...

US immigration I-130

One addition to Mr. Asatrian's comprehensive reply is a case that is still binding precedent, which puts adjustment of status applicants who enter on a nonimmigrant visa such as visa waiver or B-1/B-2 visitor, and then marry a US CITIZEN, on better footing when it comes to fraud findings. That case is Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980), which held that “Where a finding of preconceived intent was the only negative factor cited by the immigration judge in denying the respondent’s...

Can my husband who entered U.S. without inspection establish residency(greencard) in U.S. if he is a Canadian Citizen?

The short answer is yes, if your husband makes a legal entry to the US, you could then sponsor him again for a US green card. However, the case history sounds a bit complicated, so you'd want to have legal advice from an immigration lawyer before proceeding. If there was any fraud or if your husband stayed in the US longer than 180 days after that illegal entry, then he might need a waiver of inadmissibility before he could be granted a US green card. (If the 3 or 10 year bars apply based on...

1 person marked this answer as helpful

Russian girl on 6 month visa. if we marry, what to do to be us citizen

If you are a US citizen and marry, and then sponsor your wife for permanent residence (a green card), she would be able to obtain work authorization in about 3 months after you file the paperwork with USCIS. However, given that she last entered on a 6 month visa, which I assume is a B-2 tourist visa, I'd advise that you consult with an immigration attorney to be sure that there are no issues that could raise red flags in her case, such as misstatements in her visa application or on entry to...

1 person marked this answer as helpful