I'm planning to go out side USA and would be back on March 17 ,My H1B expires on July 28 2017 and at the time of arrival my H1b would be valid for 4 months 11 days.Is there any minimum H1B validity required to enter USA. I came to know that some ...
There is no minimum time you need to have remaining on an H-1B or any other work visa to reenter the US - you simply need to be entering for the purpose of resuming the job described in the petition underlying the grant of the visa.
Speak with an attorney for further guidance.See question
I have been on f1 visa in united states since 2007. In 2016 dec i got my EAD/AP combo card after my employer filed my eb3. I have never been out of status. I just want to make sure there will be no risk travelling on EAD/AP as my i140 and 485 is p...
In most cases there won't be risk to traveling using the combined EAD/Parole card, but we don't know enough about your specific situation to be sure.
Speak with your attorney before leaving to be sure.See question
We had AOS interview yesterday and officer said your case will be approved and you should receive your green card in 30 days. Immigration officer didn't give us any approval letter after interview. On same day evening i-130 online status changed t...
A couple of possible reasons for this.
First, might just be sync problems between the main USCIS system and the one that powers the status site - not unusual, though usually it's other way around (I-485 updates but I-130 doesn't). Keep checking over the next few days, may still update to a further stage like "card production ordered."
Next, may still be some outstanding issue with the I-485 - convinced of the basis for the I-130 and so approved that (marriage or other relationship determined to be valid, but some ground to NOT give a green card - what the I-485 checks for - may still be thought to exist, or the way to overcome it not yet properly documented). If so, they should be sending you something to explain what the issue would be.
Just because it's a concurrent filing doesn't necessarily mean they both get approved at the same time - both deal with separate things, and both must be approved to get the green card.
Speak with an attorney for further guidance.See question
I know someone who came on a student visa and stopped going to school but stayed even after it expired he got married and they began the process for him to stay legally. The relationship didn't workout and he left the country. Legally they are s...
I agree with my colleague's answer - it may be possible if he didn't build up unlawful presence time before leaving (an F-1 student normally wouldn't accrue unlawful presence even after violating status/staying past the end of their program unless there was a specific declaration from an immigration officer or judge that they were out of status).
That said, having demonstrated an intent to stay permanently at one point by filing the marriage-based green card case, this person may find it tough to get back in using any visa that requires the intent to stay only temporarily.
Your friend should consult an attorney.See question
If I have sponsored a green card application already, can I sponsor H1 visa as well?
I agree with my colleague - the position you are offering need to meet the core requirements of an H-1B in the sense of being a "specialty occupation" according to the tests defined.
In addition, you need to be able to meet the attestation requirements of the Department of Labor's Labor Condition Application (one of which is to pay "required wage" - the higher of the prevailing wage in your geography for that job at that level according to a government wage survey, or what you pay others in that job at that location).
Further, you need to establish that the job offer is "bona fide" (the company is real, operating and in a position to be able to pay the wage being offered.
There may be other requirements specific to the nature of your business - number of H-1Bs hired, type of work done, etc. The fact that you have sponsored a green card application, however, doesn't in itself disqualify you from filing for an H-1B for one or more employees.
Consult an attorney directly for further guidance.See question
My H1b petition with current employer (B) is approved in October 2016 till June 2017. However, my previous employer (A) filed one amendment in April 2016 which is still pending. Now I have to go for VISA stamping, I will be going with approved pet...
I agree that you should speak to an immigration attorney directly for further guidance.
One question I have is whether employer A might have withdrawn their amendment petition once you stopped working for them (and if not, why wouldn't they?)
Ultimately, shouldn't present a problem - the petition in effect is the one on which you reenter, and any issue at the consulate while applying for the stamp can likely be addressed with recent evidence that company B is still offering the job and that you have resigned form company A.
Seek counsel from a qualified attorney.See question
I am an international student, I get married with a U.S citizen for 1 year. I am doing some paper works to change my status to get the greencard. but my husband does illegal thing in his life, he was a drug dealer and gangster. The FBI is investi...
You do want to consult an immigration lawyer about this.
You aren't responsible for your husband's criminal activity - but there are certain ways that it can impact the application. Normally, the criminal act itself on the part of a US citizen sponsor won't directly hinder the application unless it involved domestic violence or otherwise falls under the Adam Walsh Act, preventing that person from petitioning for someone else.
However, even though his incarceration (if he does end up in jail) doesn't prevent the marriage from being valid in itself, it becomes harder to prove and certain steps should be taken. Further, it impacts his ability to provide financial support as required - again, there are ways to deal with this, but it does make the case more difficult.
Even had this not happened, I would have suggested you consult a lawyer about your green card case. Now, it's even more essential.See question
It is coming up for me to submit an I-751. I originally filed for my greencard in Arizona. Since, we have re located to Michigan. The lawyer in Arizona told me if I file for the green card in Arizona I have to wave the conditions of the greencard ...
Not only not true, but you would need to list your current address in filing the I-751. The only place you could file "from" would be your current location in Michigan.
You would then be issued a biometrics appointment notice for a location nearest your current address.
Most I-751s, especially when the couple is still together, don't result in an interview at all but rather are processed entirely at a regional USCIS processing facility covering that location.
Consult a [different] lawyer before filing.See question
My H1 terminated suddenly last week and I got married yesterday with my fiance who has valid H1 visa. Is it legal that I file H4 now? Thanks!
You would need to consult an attorney on this - quickly.
Technically, your H-1B status ended when your H-1B employment ended. You would need to be in valid status to file to change your status while here.
Often, USCIS will accept recent pay statements as evidence of maintenance of status.
This said, and as my colleague notes, leaving to obtain an H-4 stamp abroad and then reentering might be the "cleanest" path, even with the risks that relaying on a consular decision abroad entails.
Consult an attorney.See question
A PERMANENT RESIDENT TO U.S.A
I agree with my colleagues - this would be a standard passport photo. USCIS will generally honor the guidelines for these put out by the US State Department here: https://travel.state.gov/content/passports/en/passports/photos/photos.html.
Most local big chain pharmacy stores (CVS, Rite Aid, Walgreen's, etc.) can take these in-store.See question