My close friend is now in America with an EAD. He has switched jobs with I40 approved and I485 pending decision for more than 180 days. He has not applied for AC21 porting. Now his new job wants him to travel overseas. When he returns to USA will the immigration ask him the following questions like
1. Are you with the same employer who sponsored your I485 and I140?
2. Why have you not applied for AC21?
3. Can you prove to me now that your job classification has not changed between your current and the recent past employment?
If he is asked these questions, how should he handle them? Any advice will be very much appreciated.
Yes, they can ask those ... and any other questions that they wish.
He should meet with the company's immigration lawyer to 'run through' some possible scenarios.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
3 lawyers agree
I agree with my colleague.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
He needs to talk to his attorney. That is what he or she is getting paid to do. They can ask almost anything.
Andres Mejer 9 Memorial Parkway, suite B Long branch, NJ 07740 220 Third Street Lakewood, NJ 08701 732-962-1805 www.AndresMejerLaw.com