I am currently on grace period after completing OPT and waiting for approval of H-1B. Unfortunately, I had been charged with DUI and my arraignment is on June 2. I have received an email from U.S. Embassy: Your non-immigrant visa, issued by the U...
You mentioned that you have already consulted an immigration attorney - this was wise, and the advice provided by an attorney directly after a full discussion of your situation should supersede anything we can tell you here based on a written question.
A change of status while here - if granted -should permit you to stay, as would re-enrolling. the visa stamp discussed by the consulate is an entry document, and doesn't control your stay while here. the I-94 (whether a new one on an approved change of status to H-1B approval or the original D/S F-1 I-94, when combined with a new I-20).
I am, however, very curious what this "new information" would be that triggered this notification form the consulate; this is concerning.See question
Hi.. Iam Kumar, Applied H1b through consultancy in 2014, got RFE , employer told me their was many queries about his company , and he told me he is going to withdraw my application. on March 29th 2016 i got email that application is withdrawn. ...
I agree with my colleagues that a petition can't be approved or sustained without employer support -if they've withdrawn the petition, there isn't something you can rely on here.
I do think a conversation the attorney who handled the petition is in order here to clarify the situation; it would be unusual to get this update after a withdrawal. The withdrawal may simply have been incorrectly recorded in the online system.See question
My ex husband had crossed the US border illegally and was a illegal immigrant with no chances of obtaining legal status. He married me and kept me as his wife for 6 years. After one month of receiving his green card he divorced me. This was a comp...
If you feel there has been fraud here, you are within your rights to write a letter to DHS stating this. but, this doesn't mean they will feel that this is worthy of investigation or that anything will be done.
Clearly your husband DID have some chance of obtaining legal status if he did so through you. But a six year marriage resulting in a child isn't the strongest case for fraud - in fact, it looks more like a real marriage that simply didn't work out, or at least that appears like it was the case initially.
There's also the question of your child together - you may well have a completely legitimate reason to be angry with your ex - but is it really best for your child to deport his or her father (assuming he still takes some part in the child's life, and can better provide support here in the US)?See question
My US citizen wife is ready to file adjustment of status petition for me. However, I just found out that I have a 8 year old arrest warrant in GA (for violating probation by peeing in public after being convicted with DUI). I am taking care of the...
If you have prior criminal issues - even if resolved within the criminal justice system - you shouldn't be filing anything with USCIS before first discussing the underlying charges with an immigration attorney.
While generally an original disposition for any offenses needs to be presented at the final interview, at least a copy should be submitted initially - and as my colleague notes, once they come back and ask there would be a firm deadline for response with the requested copy.
The fact that it appears as if you may have multiple offenses complicates things, and a formal analysis should definitely be done by an attorney before filing with immigration.See question
I have been married to a US citizen for 6 years and applying for my passport in June. After I get my passport can I apply for my siblings green card who are of following age/citizenship Sister/53/Pakistan Sister/45/Pakistan Brother/35/Paki...
You absolutely CAN petition for your siblings - but as my colleagues note this will take an extremely long time - so long that these petitions can be counterproductive. Once an immigrant petition is on file, they all may have even more trouble traveling to the US as visitors than they would already have had.
In addition, each additional person for who you petition raises the income or other support level you must show as petitioner - this may also be a strategic issue.
Speak with an attorney to discuss strategy and the potential for other options for each sibling. there is often a better solution than the Family 4th preference sibling petition.See question
Hello all, I was told by consultancy company that they got RFE for more details about in house project. They said they have done similar cases before. What they said is USCIS is just buying time by sending RFE. I am really worried and I w...
All USCIS inquiries should definitely be taken seriously. I'm not surprised that a company placing you at a client site has received similar inquiries - there is an additional layer of things that need to be proven in this situation and they've probably received similar inquiries.
I wouldn't necessarily be concerned - most cases are approvable after a response to such an inquiry as long as the inquiry is effectively answered.
I will say that there is a perception among many immigration lawyers that when a premium processing case is nearing the 15-day response window and a "boilerplate" request for evidence is issued asking about many things already addressed in the original submission and apparently ignored by USCIS, that they may simply be "buying time" by issuing such an inquiry.
There is no proof of this (in fact, no real way it could be proven), but the belief is widely held, and partially a result of the disappointment many attorneys feel when they have taken pains to address and document the facts we know we are required to prove, and that effort appears to have been ignored by USCIS based upon request for items already submitted/arguments already made.
This said, RFEs must be addressed point by point and ultimately USCIS does review all documentation and arguments submitted. The agency is imperfect as we all are, but they generally make a fair ultimate decision.See question
I was in L1B Visa from 2010 to 2015 utilized 5 years . I applied H1B with different employer and same H1B approved on Nov 2015 for 6 months . But Dec 2015 I moved to my country with out moving to H1B employer and return back to USA with H4 sta...
You need to speak to an attorney for guidance specific to this unique situation.
Once you have been counted under the H-1b cap, you can continue to use that selection as long as the filing was within the last six years at the time of the new petition. so, you need not go through the cap process again, or be limited to a cap-exempt employer. But, in doing so you would only get the remaining eleven months or so of H-1B time (five years of L-1B time plus about one month of H-1B time used
Spending a full year abroad allows you to re-set the combined H/L clock, but it's an election you get to make - you can try again under the cap and if selected get a fresh six years, OR go for the remaining eleven months without worrying about cap selection.
As this is a difficult decision, consult an attorney.See question
I.m Tunisian citizen, I,m resident in France from 3 years ago , I know one beautiful american woman, we want to marry and move to live together in USA , both of us are divorced, we hope find a short way to achieve it.. We don't know exactly i...
You need to speak with an attorney to evaluate what works best for you.
As my colleague notes, there is no short way to do this. It depends what matters more to you both - getting here sooner, or getting the green card sooner. Going straight to marriage is less expensive and fewer steps. It takes a little longer to get here, but you start your life here with a green card - immediately able to work and travel.
A K-1 may get you here slightly faster, but you have an additional step to get the green card after arriving in the US and some time after you get here where you can yet work or travel (plus, it's more expensive and complex).
You need to evaluate your situation and priorities with an attorney.See question
Hi, I am on L1B and my company has applied for Green card. On L1B, I can stay in USA for 5years at max. Thanks, Arjun
I agree with my colleagues.
The I-140 does not in itself provide a valid legal status allowing you to remain in the US - only the I-485 provides any protection in this regard. And unless there are immigrant visas immediately available for you - your priority date is current for your preference classification - you can't file the I-485 and obtain this protection.
You would need to either explore other nonimmigrant visa options for when the L-1B expires or depart.
Consult an attorney for further guidance.See question
I applied for a green card renewal on November 2015 and it is still in the process even up to this day. During biometrics, they gave me an extension sticker on the back of my expired green card and that sticker is still valid until August of this ...
It's still OK to travel during the RFE period - as long as the I-90 is still pending, this isn't an issue.
the only concern is that you've already responded to the Request for Evidence and so processing would have resumed; were they to determine the case while you were abroad and deny it, you may have an issue returning.
I think you should review your situation - including the Request for Evidence and the response you sent - with an attorney before doing anything further.See question