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
I have found that companies who are ITAR facilities are asking candidates if they are US citizens or posting in on a job description/ad. I had always been informed by HR that asking a candidate that specific way is illegal. The correct way to ask ...
The general rule is that employers can't ask this - but there are exceptions and situations where the law requires US citizenship for individuals working on certain matters (often involving national security and restricted technologies) are exceptions to these rules.
A company should have a detailed policy in place for determining what to ask, crafted with the assistance of qualified immigration and/or employment counsel.See question
Visa status :- Mine: H1B , Spouse: H4 I changed my employer recently and got my I797 approval notice for H1B transfer. My wife's H4 extension was also filed by my new employer but approval is pending. We both are planning to travel to Ind...
Your company's attorney should be advising you on this.
Your spouse can use the receipt from the H-4 filing, even if not yet approved. In fact, though, the important points for her H-4 stamp are that 1) she be married to you, and 2) that you have a valid H-1B.
Unless her H-4 status as indicated on her I-94 was expiring before the planned departure, it probably wasn't essential to file an H-4 for her at all.
As long as the two factors mentioned above are provable - new-employer H-1B approval notice for you (the I-797 for you that you mention in your second question) with evidence you are still being offered that job at time of the interview, plus your marriage certificate - she can apply directly to the consulate for the H-4 stamp even without a USCIS approval.See question
I am in a exchange program and I got a J-1 visa. Please I would like to know what does it means " BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES APPLY" in my J-1 visa.
Some J-1s come with a requirement that the person obtaining the J-1 and using it to enter the US go to their country of last residence for two years before they would be eligible for certain other US immigration benefits (such as an H-1B visa, or getting a green card). Section212(E) of the Immigration and Nationality Act contains this requirement, and this notation means that your J-1 is NOT one of the ones that come with the requirement - assuming you meant to write "Two year rule does NOT apply."
The J-1 is an "Exchange Visitor" visa - the idea being that it's to be used for purposes of cultural/educational exchange with other countries (that someone should come here to acquire skills/knowledge, then bring those skills/that knowledge base back home to share with the original country).
There are three ways to be subject to the requirement: coming here for clinical medical training, coming here for a program that is paid for with funds from the US or your home country government, or coming here to acquire skills listed on the "Skills List" for the country of last residence - a State Department list, country by country, of what skills are considered to be underrepresented in that country.
There are certain ways that a person can obtain a waiver of the J-1 two-year requirement if they are subject to it, and this is case-specific. Such individuals should consult an attorney.See question
The said Embassy denied my 4-year old son's J-2 visa for three times and put it under administrative processing (from last 3 months) on fourth attempt due to intervention of Ambassador. I divorced my son's biological mother 4 years back. I have th...
I'm sorry to hear of what you've had to go through here.
Unfortunately, I don't have much to offer in the way of real help - just the knowledge that you're far from alone. Advanced security checks or other forms of additional review under the blanket term "administrative processing" are incredibly common especially at certain posts, and waits of many months can be typical.
There is really nothing that can be done to speed them up; these cases get stuck in limbo until they eventually get around to reviewing and giving a decision. To be fair, there likely really are cases requiring advanced security checks taking a very long time by intelligence officials, and which are out of the control of consular officials - but I suspect this is a small fraction of cases.
Once a decision is made, and if the decision is negative, there are a few limited ways to address a negative decision - requesting re-determination, addressing a USCIS notice of intent to revoke if a case is returned and one issued (not really applicable here), and for an attorney addressing with the State Department in DC if the decision is wrong on the law itself.
On the whole though, consular officers have enormous discretion and very little oversight - almost no way to address a finding of fact you think is wrong.See question
My background - I have an overall Industry experience of 6 yrs and 4 months. With around 4 yrs, 11 month with my current employer when I was in India and 1 yr 5 month with the same employer in US. I have a 4 year bachelors degree in Computers & ...
This is true - in fact, it would even be problematic to rely upon experience gained with the overseas branch of the company.
An employer's minimum requirements are what's important for these types of cases, and an employer can't say something is the minimum requirement for a job if you're in that job now and you didn't meet the requirement at time of hire (or for that matter, even if someone ELSE doing the same job didn't meet the requirement at time of hire).
There are limited circumstances where the employer can petition for a future job so substantially different than the current job that you can use same-company experience, but there's a greater risk in trying it.
Your best bet may actually be to move to a different employer willing to petition for a green card for you where you would then have had the qualifying experience at time of hire.
Speak with a lawyer for more specifics.See question
I got my H1B from employer X and need to transfer it to employer Y and I lost my job recently and my employer Y is reluctant to transfer it and my employer X is filing the H1B withdrawal petition in 10 days. so how much grace time do I have to fi...
Speak with an attorney about this - one who is willing to discuss the obligations of filing with employer Y and put to rest any fear they have as a result of uncertainty about the process.
Technically, you are out of status as soon as no longer working for the petitioning employer (X). In reality, USCIS tends to accept pay statements dated within 15 days before filing as evidence of maintenance of valid status with the prior employer. Even this doesn't give you very long to file a transfer of employer petition, given the need to get a Labor Condition Application approved first.
Worst case, Y can still file (assuming the H-1B petition they would file is otherwise approvable) but you will need to go abroad and reenter using the new approval.
You would need to get a new H-1B stamp in your passport before returning if you don't already have one from x or a previous employer that's still valid; if you do have a current valid H-1B stamp it can be used for reentry alongside a new company Y approval.See question
Hi, I am a US citizen who has married my UK partner who is currently living with me in the US. I have filed the I-130 form to petition his stay here in the US. Whilst this is pending can he briefly travel back to the UK for a family wedding and t...
You would really want to speak with an attorney here.
It isn't clear whether you filed only an I-130, and I-130 AND an I-485 (which you can do as long as your UK partner entered the US legally), or those two AND applications for interim work/travel authorization.
If you've filed everything, and he's already received the travel authorization, then this is no problem.
If you filed the I-130 and I-485 and either filed nothing further or filed for travel authorization and it hasn't been approved/arrived yet, leaving abandons the I-485 and your spouse would need to process abroad (potentially almost doubling the amount of time this will take).
If you filed the I-130 alone with the intention that your spouse will process abroad, then he's very likely to have trouble returning as a visitor - he'll be perceived to have the intent to remain permanently because he has married a citizen and an I-130 has been filed for him, which precludes having the "non-immigrant intent" required to be admitted as a visitor. Unless he's on an H or L visa which expressly permit that intent, he's unlikely to be permitted back in.
It would have been best to consult an attorney before filing anything, but this may all be salvageable if you get legal advice now (and there's no departure before getting advice).See question