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
HI, My employment would be ending on Feb 3 (currently on H1B). I may have another employer willing to take over H1B but not before Feb 3. They are offering me severance but my HR informed that there might be a gap in my last check (Feb 10, I am pa...
Sorry to hear about the separation, but glad to hear you have something new lined up.
Not sure what they're referring to with regard to NY employment law - that part of the question may be more of an employment law question than an immigration question - but I can speak to status.
Historically, you were considered to be legally out of status on an H-1B as soon as you separated from an H-1B job. As a practical matter, USCIS would accept pay statements from within 15 days of the filing as evidence of maintenance of status for purposes of switching an H-1B to a new employer.
Under a pretty new regulation (became final end of November 2016), you now have a 60-day grace period where you're still considered to be maintaining valid status. So, you'll still be able to file an H-1B through your new employer and have the H-1B switched over here even with the gap in checks.
Speak to an attorney for further guidance.See question
I have been working remotely (virtually from my home country in Europe) as a full-time contractor for a U.S.-based international NGO for two years now. There is some talk of hiring me as an employee and bringing me to the headquarters in the Unite...
No, since experience isn't a requirement for an H-1B. The question will be whether the job requires at least a bachelor's=level degree in a specific field in which you actually have a Bachelor's degree or the equivalent.
There is an exception that doesn't really apply to your situation (where you have an actual US degree higher than a Bachelor's) where it can actually HURT you: if you qualify not with a four-year degree but with a work experience equivalency or combined education/work equivalency, they may not count time spent at the same company the way they would experience gained elsewhere. If you claim to have already been working in the job for which the H-1B is sought and didn't have that experience when hired, then it's clear that you didn't have the equivalence of a bachelor's at that point and so the job may not qualify for H-1B classification.
Further, in general, you can't use same-company experience to qualify for a later job offer as part of a green card case - though I realize this wasn't your question.
Speak with a lawyer for further guidance.See question
I'm on an F1 visa but am subject to 2 yr HRR. Have been married to an LPR for 3 years. I am lining up my options as I am uncertain what the future holds for me professionally. I may decide to go home and wait out the remaining 10 months on 2 yr HR...
I think you need to talk this through with a lawyer - lots of moving parts here.
Transferring schools through SEVIS shouldn't be impacted by filing an I-130. the problem is getting a new F-1 stamp abroad/reentering after foreign travel with an I-130 already on file - this is evidence of immigrant intent that directly conflicts with the non-immigrant intent required for the F-1.
I doubt the F-1 category would go away under legislation passed during the new administration - but it it does, I don't know that your 212(e) obligation would go away. This may be a matter of 1) how any legislation is written and/or 2) how this would be interpreted in the absence of legislation specifically addressing it.See question