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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One question I have is whether employer A might have withdrawn their amendment petition once you stopped working for them (and if not, why wouldn't they?)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
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