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Rebecca T White's Answers
- 265 Legal Answers
- 0 Legal Guides
4
Attorney answers:
H1-B Visa Petition - Bachelor of Science in Economics and Associate of Art in Information Systems for Data Analyst positions
The whole of your experience will be looked at in determining whether your skill set satisfies the position requirements, and whether the position requirements meet the standards for an H-1b as a specialty occupation. If over all your experience satisfies the requirements, that some of that experience was acquired at a community college should not be a significant issue. A professional evaluation of your educational and professional background may be the best approach when applying for a new...
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US citizen sponsoring parents who are in US on visit visa. Do I have to send Police Clearance & Medical report with I-485
You do need to submit the medical exam completed by a designated civil surgeon, and you do not need to send in police clearances - a background check will be completed after a biometrics appointment. However, you do need to be sure of the timing of the filiing and make sure you will not run into problems with fraudulent entry/preconcieved intent at the time of their entry as visitors.
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4
Attorney answers:
L1B expires on sep 21 and H1B applied
You will need to make travel plans for that time - however, you can enter on the H-1b ten days prior to the Oct 1 start date, so that may impact how you decide to plan your trip timing. But you cannot change status due to the gap. You will also want to have a careful listing of all your time in and out of the country while you were on the L visa, so as to capture as much time as possible for the H-1b, which, as noted, will be limited to six years - the time on L status will count against...
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3
Attorney answers:
Is it possible to switch from conditional greencard to h1b?
It sounds as though you wish your husband to remain in the US and to be there for your child, but you see your marriage as likely to end in the near future (presumably before the set filing date for the I-751). The I-751 is required at the end of the two year conditional greencard period to allow the government a second chance to review the application for marriage fraud. It is not intended to make for a two year minimum time frame for a marriage to last. The two of you may wish to consult...
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5
Attorney answers:
I-130 interview. What could happen that day, best and worst case senario?.
The I-130 interview will be only focused on the good faith nature of the marriage. The other issues - the entry with a fraudulent passport, the old removal case - those all go to whether he can adjust or not. If the prior removal was not related to a criminal matter, it is unlikely that ICE would pick him up at the I-130 interview. However, your attorney is going to have far more information and be able to give you a much better idea of what to expect with the I-130 interview.
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3
Attorney answers:
H1-B Visa start LLC without Cashing In / No Dividends
This may sound even crazier, but you will have an issue in terms of "working" for the LLC you want to create. You likely can't do all you need to to make the LLC successful and remain as passive as would be required, whether you draw any money from it or not. It may be that you need to have a second H-1b filed for you, so as to allow you to actively work under the new LLC. This would not prevent you from remaining at work on your current H-1b with your current employer. But it would require...
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4
Attorney answers:
My son married Russin who claimed to love him. It was a scam he just found out about when she immediately left him. Whatcanhedo?
He will need to secure either a divorce or an annulment as soon as possible (so long as they remain married, he can be held liable for any debts she may accrue), and he should notify USCIS of the situation. It is ultimately up to the immigration service to investigate the situation and determine whether there was intentional fraud or simply a marriage that fell apart. However, if he accepts money to remain in the marriage, yes, he is then part of the fraud and is violating the law.
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Attorney answers:
I was granted asylum and submitted I-485. About 2 years have passed and no green card yet, is this normal? What can I do? Thanks
Long delays in asylum-based adjustments are quite common. You will want to follow up with the USCIS to confirm all is in order and you haven't missed any notices however.
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5
Attorney answers:
Is there any possibilities that I can have a two immigrant visas?
If you are asking if you can be both a permanent resident in the US and pursue status in Australia, you will need to review the restrictions on maintaining US permanent residence and see if you can comply with that while complying with Australia's immigration rules. You will also need to balance whether, even if you are able to do so, it even makes sense to do so - which it may well not, unless you intend to split your time fairly evenly between the two countries.
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5
Attorney answers:
Can L2 visa be stamped in Australia, home country being India?
The US Consulate will want to see that you have legal status in Australia, and will then accept you for an appointment for the L-2. You will need to have copies of your husband's L-1 status, proof that he is working in the US under the L-1 visa, and proof of your marriage. The time apart should not present a significant issue, but you will want to be prepared for possible questions regarding the marriage.
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