Currently on H4 and applying for H1B with Consular Processing not COS. We are waiting for my husbands i-140 approval. If that gets approved, I will apply for EAD. If both H1B(Consular processing) and H4 EAD get approved, I want to stay on H4 & wor...
It'd absolutely possible - you simply would never use the H-1B approval notice to apply for the H-1B stamp at a consulate abroad. If you ignore the H-1b approval and continue traveling using the H-4 alone, obtaining a new H-4 stamp if you need to using your marriage certificate, proof of your spouse's H-1B approval and maintenance of that status, you remain on the H-4 and the H-1B is never "activated."
Consult an attorney directly for further guidance unique to your case.See question
I'm on an L1A visa for 2.5 years and my current employer has just eliminated my role forcing me to look externally for another job. A company is interested in employing me, but what are their options? Apply for H1B or GC? It's March and I can't w...
First, since this has to do with immigration, we need to start off with a "no" to anything that uses the word "easily" - not trying to be flip or sarcastic; it's simply true that nothing is easy when it comes to immigration. Yes things have gotten worse of late in many respects, but it's been this way for a very long time and your situation would have presented difficulties even before the present administration.
You certainly can apply for an H-1B if you have another employer lined up and they can apply by the first week of April for an H-1B available under this year's cap (for an October 1 start date) - if not, and you can't find an H-1B cap-exempt employer such as a university, you would need to wait for next year's cap for an H-1B and file in April 2018 for an October 2018 start date.
You would likely also need to have an employer lines up to apply for a green card, but a green card case can take anywhere from the better part of one year to many, many years and not give you an immediate ability to work either.
Best bet is to consult an immigration lawyer directly to communicate the specifics of your situation and perhaps see if there's some other visa possible (E-2, O-1 etc.) that might give you some nearer-term ability to remain and work in the US.See question
I am doing a marriage-based green card. Thanks
Possible, though unlikely - and not without risk.
You can view the USCIS expedite criteria/procedures here: https://www.uscis.gov/forms/expedite-criteria. You can apply if you think you can meet one of the criteria.
They don't typically approve these without a very, very good reason - and my experience has been that the office that handles these requests pulls the case from normal processing to evaluate the request - if denied, it may actually take longer than it otherwise would have while the file is re-routed.
I would consult an attorney before doing anything.See question
I paid ALL of the fees. Filled out the Visa form (IV - DS260) form and submitted all the AOS + Civil documents for my wife to NVC on February 14. They never emailed me anything confirming they received my mail or have started reviewing the documen...
Unfortunately, this is the "new normal" with NVC - we routinely see it taking at least sixty days and sometimes as long as twice that to get any response.
You can of course present any request to expedite with a good reason and evidence of that reason by call, e-mail or letter - though I think it's unlikely to help.
Consult an attorney for further guidance unique to your case.See question
I was on H-1 status for 6 years and changed my status to H-4 2 years back and working on H-4 EAD status now. Can new H-1B visa be filed by my employer as I never went out of country for 1 year?
unfortunately, it appears unlikely based on the information provided,
If you have used up all of the initial six years, and have no remaining recapture time, and/or have no eligibility for additional H-1b time past the six years based upon a permanent residence case filed by an earlier employer, you would need to have already spent a full year abroad to be eligible to enter the cap lottery for an additional six years of H-1B time.
Speak with an attorney directly for further guidance specific to your case.See question
I submitted an application to renew my I-765 along with a few waiver due to my unemployment and an open WC case, both were received by USCIS on Jan 24th 2017. I received a I-797C notice on February 8th telling me that my fee waiver was approved, b...
These do tend to range anywhere from two and a half to three and a half months from date of USCIS receipt - so it definitely isn't overdue yet.See question
My employer filed an H-1B petition for me in April 2016 but was denied after RFE (Request for Evidence), for 'specialty occupation' reasons. Then they filed Form I-290B for a motion to reopen in November 2016. We have not obtained any updates from...
Yes, after proper analysis of what went wrong last time and with notification and disclosure on the form of the earlier denied petition. The pending Motion to Reopen doesn't prevent this, nor is it negated by a new petition. As it sounds like you know, you will again be subject to the lottery - so even with a more approvable petition you may not even be selected.
Consult an attorney for a thorough analysis of your case.See question
I have worked only 2 years in USA with employer A so still have 4 years cap in my H1B. Employer B petition is still valid till 2019 but this petition got my valid employer A visa cancellation with admission deny in 2016. Employer B is scaring me,...
I think you actually need to consult an attorney directly on this rather than just asking in a forum - this sounds more complicated than can really be answered here, and we're not totally clear what you mean by "cancellation" - Company A simply withdrawing approval after you left doesn't have any impact, but the government revoking approval on the basis of fraud might.
Speak with a lawyer.See question
I submit a change of address to USCIS and they were able to update the system and send my husband a letter stating same. My EAD card was returned to them on Jan 19 after it has been mailed on dec30, stating undeliverable. Why is that so? We recent...
I would definitely do the change of address/forwarding order at the post office.
But, when something goes outside of their normal processes such as this, there's really no way to predict how long this will take - nor is there any clear way to push it along. you can keep calling and checking what their system reflects as the status, and perhaps initiate a Service Inquiry after some time has elapsed since initial contact with USCIS without result. But there's no clear way to fix this.
Not sure what the basis for the EAD was here - worst case, reapply indicating the original card was lost and explain fully in a cover letter. But that may take the whole three-plus months these normally take.
I wish I could provide a more optimistic answer...See question
Hi, Please help me by suggesting on the below situation: I got my H1B Visa stamped (Company A) in Aug 2016 and it is valid till Aug 2018. I am in India and didn't travel to US as I don't get a job yet. I approached new employer (Company B) ...
You can only go to the US using the Company B H-1B if you plan to work for them upon entry - it isn't at all clear that this is the case. Use of the company B H-1b to enter without the intent to work for company B upon entry would be deemed fraudulent.
I realize Company C believes you to be in the US now, but the only way to do this lawfully would be for them to apply to transition your H-1B with an acknowledgement that you are outside the US and WITHOUT a request to switch the H-1B over WHILE HERE. You may have to explain the situation to Company C and hope they chose to do this.
Consult an attorney directly for further guidance.See question