San Jose Immigration Attorney.
In response: 1. As long as her application to change her status is received by the USCIS before her current status expires, she can remian in the USA. 2. No, it will not. However, the outcome of your change of status will be dependent on how your wife's application is adjudicated. Best, Indu
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Hello: Yes, you can enter on your H-4 visa. If you then decide to work on your H-1B, and assuming that it has been approved, you would need to either go outside to seek the H-1B visa stamp, or apply for COS here in the USA. Therefore. you need NOT go back to India for stamping. You can simply apply for COS here in the USA, but will need to pay all the filing fees. Good luck, Indu
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Since the I-485 application is your application, you can certainly submit the application on your own. However, you will definitely need a letter from your employer confirming their intent to continue to hire you. Thus, your employer's support is still required.
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Given the desription and the serious nature of your circumstances, it is critical that you consult with an attorney. A careful analysis is required. All the best!
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I agree with my colleague. Your employer should be able to file your H-1B with your pending STEM EAD application. Please ensure that you consult with an experienced immigration lawyer since it is critical how your situation is handled. Good luck!
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You should be able to. However, it is recommended that you carry the original. Thus, you may want to ask your employer to provide you with their courtsesy copy (original), and produce that as well. Finally, you should consider asking your employer to apply for a duplicate.
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I am assuming that you meant 2013. Renew your passport, and then travel to either Canada or Mexico, ensuring that you have the appropriate visa for that country. Then return witha new I-94 card that expires at the same time as your spouse's current H-1B approval notice.
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You will most likely have to depart at the earliest assuming that the denial decision indicates that you are no longer mainataining your status. As my colleagues have indicated, you should definitely consult an attorney at the earliest. Also, since both you and your spouse are subject to the quota, and if your H-1Bs are approved, you would be able to enter on your H status 10 days before 10/01.
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I quickly read the article, and beleive that most of the information is accurate. I would suggest that if you fail to find a job within a reasonable time, then you may have to depart, and opt for consular processing on your H-1B petition. Again, depending on the timing of when you actually find a job, you may want to assess your actions. All the best!
Even if you are able to claim that you are eligible for CSPA, you have to apply for your permanent residence within a year of your visa becoming available. I see that your priority date became current in 2009, nad so it may be too late for you. I suggest that you consult with an attorney to see if you are indeed eligible.
