My H1B petition got selected and approved in Sep'2015. I went for Visa interview in the month of May'2016. My case was kept in 'Administrative processing'. Requested project related document has been submitted by my employer in Aug'2016. I got rev...
This is among the toughest situations you can face in this process; it will take USCIS a long time to even get around to reexamining the petition. Hopefully, the employer's attorney has provided guidance here - you would want to speak with them, or speak with a different immigration attorney if they are not advising.
Normally, they won't revoke outright - they will first send a notice of intent to revoke and the employer will have an opportunity to address any concerns. It's still possibly that USCIS would affirm the approval, and then you would again start the process of trying to get the stamp from the consulate.
If the petition is affirmed and you get the visa stamp, yes your would still be cap-exempt. If not, then any future H-1b petition would again need to go through the cap lottery and be selected (and then be approved on the merits)
Good luck.See question
My grandmother (German citizen) is thinking about moving to the US to live near me, but her daughter (US citizen) would have to help her get the green card. We live in two different states (TX and GA), would it be legally ok for my grandmother to ...
I would have the potential sponsor (your mother? aunt?) speak with an immigration lawyer before starting this process.
In theory, there's no specific requirement that the individual being sponsored needs to live in the same city as the sponsor.
However, the generally philosophy underlying the family-based immigration system is "family reunification" - so it may be raised as a question at interview whether they in fact intend to reunite here. There would need to be a valid answer that your grandmother could articulate to the officer.
This is something that should be examined before beginning the process. Again, a conversation with an attorney is in order here.See question
My fiance and i will be getting married next month! She's 18, I'm 19. She is a U.S citizen. We would like to know if she can do a petition for me.?
Speak with an attorney before you do anything.
Once you are married, you are no longer a "fiance" and would need to proceed with a spousal petition. If planning to get married in the US and you aren't currently here, a fiance visa may be appropriate - but will take far longer than a month.
I suggest clarifying your situation and your options with an immigration attorney.See question
I started working on H1-B from Oct-1,2016. Working full time in a reputed company, LCA was approved, all sorted, no complications. Planning to travel home country. Want to know if the visa officer can deny stamping due to salary after H1 is approv...
I agree with my colleague - I'm not clear what you mean by "due to salary" here.
Are you concerned that recent pay statements won't reflect payment of the wage promised on the LCA? If this is the case, there is a real issue here - the employer hadn't met the requirements and your status while here wasdn't technically being maintained.
But if they are complying with the promises on an approved LCA, a consulate would have little reason to question the validity of the LCA's - and therefore the validity of the H-1B petition approved based on that LCA.
This isn't to say that there are never issues for visa stamping - security checks, issues with educational credentials/documents, etc. But I don't think this is likely to be the major issue as long as the terms of the H-1B are being complied with.See question
I want to go to college and for financial aid I need this card to receive financial aid Also would like to know what are he advantages if this card ?
There are two circumstances where individuals get conditional permanent residence - where they get a green card based upon a marriage to a citizen and that marriage is less than two years old at the time of approval, and where they get a green card based upon significant investment/job creation. You can't simply ask for it if you don't fall into one of these categories.
Speak with an attorney to determine what you may actually be eligible for.See question
I am currently in the US on F-1 Visa. My sister is a natural US citizen and I plan to apply for a Green Card through her. I am from India. How long will this take? Also, my employer will be applying my H1B next year. Will there be any complication...
Speak with an attorney before moving forward.
There is no conflict between your sister's permanent residence filing for you and an H-1B if you are able to secure one, but there would be with your current F-1 visa - potentially causing problems with readmission after foreign travel. The H-1B allows "dual intent" -the intent o eventually want to remain permanently while on a temporary visa; the F-1 does not.
The petition through your sister will be very, very slow -impossible to say how long, but this category is backlogged to early 2003 right now for individuals born in India. Often this types of petition takes so long that there is little practical benefit to offset potential issues.
Again, speak with a lawyer before moving forward with anything.See question
Hi, Visa & I-94 Details: 1. First entered US on L1-B: Jan-2013 2. Visa Type: L1-B (Expired) 3. Expired In: Nov-2015 4. I-94 Validity: Feb-2018 (Traveled to India in Jan 2015 & on my return in Feb-2015 got I-94 till Feb-2018) 5. Total Physica...
You definitely need to speak with an attorney directly about these questions -there's a lot that would need to be explained that isn't clear based upon the information your present here.
You aren't prohibited form applying for an L-1A just because you have previously been on an L-1B - you can theoretically qualify for both. You can also apply here for a new visa if validly admitted to the US and still maintaining status.
You mention an expired visa, which may simply refer to the passport stamp; we need to understand if you have in fact been maintaining valid status in the US. We would also need to understand more about your prior role abroad and the proposed L-1A role. I know you say that your understanding is that you meet the criteria; this should be professionally evaluated.
An EB-1-C green card case could theoretically be filed even with the prior case on file. However, in addition to questions about both the role abroad and the role here, there are implications if you have an ownership interest in the company that would need to be explored.
I do think there would be questions about having earlier been on an L-1B (why not originally apply for an L-1A, if you qualified?) and an RFE is likely - though not necessarily fatal.
If you have a valid/unexpired underlying status, denial of a request to change to a different non-immigrant status wouldn't normally terminate it - you could typically still stay and work on the L-1B even if the L-1A were denied.
Speak with an attorney for further guidance.See question
A 1 year ago a arrived USA and I had ESTA . I didn't know and when somebody told me was to late. Now i start process to send immigration forms .could somebody can help me?
You can get a copy of your current I-94 online here: https://i94.cbp.dhs.gov/I94/#/home (the middle option on the page; you need to accept terms and enter info from your passport). These only exist electronically [unless you print yours out] - you didn't fail to get an important paper upon arrival. these aren't given out as physical documents anymore...not for several years now.
The question is, what are you trying to apply for now? If you entered on ESTA, you would only have been admitted for 90 days - your time here would have long expired. There are a limited number of things you can do at this point.
You need to speak with an immigration lawyer directly for advice.See question
I have J1 visa as a research fellow in 1 University , If I get a residency in another University Hospital How long it take to finish my papers to get my salary in the other position? My Social security stated that VALID FOR WORK ONLY WITH DHS A...
You would need to speak to the immigration attorney/department at the University Hospital you want to switch to to ensure that you can get the additional time/that they can issue you a new DS-2019 form. How long it would take would depend on the new institution, but likely not very long if otherwise possible.
Issuance of the new form would be sufficient - your J-1 status isn't changing so there's no petition or application through USCIS here.
The new DS-2019 form here would serve as that "DHS Authorization" to work at the new institution.See question
Immigration stop and cancel my visa band me for 5yrs for appling again and accuse me of doing narcotics or working in there country. So the had shackle my in the US department homeland security area and send me home on the next flight.
You really need to seek the advice of an attorney here.
A reentry bar or ground for inadmissibility would exist even if you were to marry a citizen. Some have waivers available, potentially based on hardship to a citizens spouse.
However, certain narcotics offenses are a permanent bar, and it isn't clear what your actual situation is from the question.
Speak with an attorney to get more specific advice.See question