Cletus Martin Weber's Answers

Is I-140 receipt number sufficient for H1-B visa extension by another employer?

Although one would normally send the I-140 approval notice, it is not required. In cases like this, we just enter the receipt number in the online case status checking link on the USCIS website and print out the page showing that the I-140 petition's current status is approved. That has been enough for us to obtain the 3-year extension in cases similar to yours. Although there is some risk that USCIS may ask for a copy of the Company A's I-140 approval notice, I would think it is a small...

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Need visa advice: H1B expiring, but I may come back as a student...

If you are planning to return to Canada anyway after your six weeks of relaxing in SF, there should be no problem in applying for schools during that time period. There is a question of whether you need to disclose that you will be applying for U.S. graduate schools while you are hanging out in SF, though. It may be okay to apply for schools while you are here in your particular circumstances, because you intend to leave anyway and apply to return in F-1 student status later, but if the...

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I am an asylee that has applied for naturalization. Will I be able to visit my family back home as a US citizen?

As long as your asylum claim was legitimate at the time it was filed, I don't see any reason preventing you from returning to your home country after obtaining your U.s. citizenship. (If you were still in asylee status, returning to your home country could be used against you by arguing that your return shows that country conditions have changed for the better or that you no longer reasonably fear persecution. I say that here even though it does not apply to you because I don't want someone...

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Can I continue to work?

Sorry, but without current OPT or other work authorization (such as H-1B), you will have to wait until your I-765 is approved to start working again. Typically, these work authorizations have been coming back from USCIS in about 2-4 months, so if you filed at the end of 2009, you should hope to receive it sometime in February to April. Some come back earlier or later, but most are in that range. I hope you receive it soon.

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How much my little child(he is few months now)will help to change my status here in US

I do not have detailed answers to your questions, because advising someone in your circumstances requires very careful consideration of your specific circumstances. I can tell you one thing, though: Consult a competent immigration lawyer in your area BEFORE you do anything else. I know a lot of excellent immigration lawyers in Portland, so if you don't know of someone, please email me, and I will forward you some names. Otherwise, look on this website or Google for someone on your own....

Change of status

The NO COS/AOS language is a notation that U.S. Customs and Border Protection (CBP) puts on your I-94 to make it more difficult for you to file for nonimmigrant Change of Status (COS) or file for immigrant Adjustment of Status (AOS). I am not positive USCIS will honor it, but the reason CBP gave it to you is that they probably asked you a question, such as, "Do you want to study or work while you are here?" and you answered, "No." In any event, it is what it is. It is not clear when you...

Minimum Qualification required for applying L1A visa

There is no direct minimum educational requirement for L-1A. You just need to meet the general L-1A requirements, which are as follows: 1. The company you worked for overseas and the company you will work for in the United States have to have a "qualifying relationship," which generally means parent-subsidiary or affiliate relationship. 2. You generally have to have worked for the overseas company in an executive or managerial capacity for at least one year of the last three years before you...

Hi I am a L1a visa holder and my visa is until May 15th this year, I have applied for my green card (1 140) and waiting for it

Mostly it depends on what type of I-140 your company has filed for you and how close it is to being approved (and potentially your country of birth). If your I-140 is approved under EB-1C Multinational Executives or Managers, then you can file for your green card immediately after the I-140 is approved. (If you lose your job before the I-140 is approved OR even if you think that is a possibility, you should consult competent immigration counsel ASAP to help you plan for alternatives.) (If...

OcFGossb19 Hi, I have H1 visa valid till june 2010 with a indian company. In april my project got over and I had to stay

Your question has an easy part and and a difficult part. I will answer the easy part and explain what to do with the hard part. The easy part to explain is the H-1B. If you have already had one in the recent past, and if you timely filed your previous change of status from H-1B to H-4, and if your new employer properly files the new H-1B petition, then the petition should be approved. No guarantee, but it should be--at least as far as H-1B qualifications go. Whether you need to get a new...

National Interest Waiver for Physicians

(With all due respect, I would ignore any discussion of Conrad 30. Conrad 30 is a completely different program, and it focuses only on J-1 waivers, whereas your question is about national interest waivers (NIW). NIW is a completely different thing altogether.) As for your question, NIW is certainly one possibility for physicians to get a green card, but it is not the only one, and it may not even be the best one for you. (For example, it requires you to commit to 5 years of practice in an...