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I am on a H-1B visa and got laid off. My notice period lasts 3 months and I am on payroll during this time. Am I out of status?
Stuart's answer
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Answered on July 31, 2011
Speak to a lawyer directly about this.
The government would likely take the position that H-1B status is tied to active employment with the H-1B...
Archived
I want remove my petitioner as sponsor in affidavit step for supporting in usa visa and immigration.what is the solution?
Stuart's answer
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Answered on July 31, 2011
You can add additional, supplemental sponsors - this isn't a problem. But, you cannot remove the petitioner as a sponsor/eliminate the need for...
Archived
How can someone apply for a green card through their employer?
Stuart's answer
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Answered on July 31, 2011
The employer would need to be willing to sponsor the individuals for a job that fits into one of several defined categories. Most of these cases...
Archived
Assuming my H1B ends but I was filed for EB2 by new employer, can I remain in the US after H1B expires and EB2 pending?
Stuart's answer
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Answered on July 31, 2011
This needs to be evaluated by a lawyer.
If the EB-2 case was filed 365 days or more in advance of the and of the six years (sounds like this is...
Archived
My usa visa for immigration is in affidavit of support step i-864,if petitioner has problem,is it possible to remove petitioner?
Stuart's answer
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Answered on July 31, 2011
The petitioner generally needs to file an affidavit of support anyway - can't be removed, but you CAN add joint sponsors - see legal guide link...
Archived
Could i fix the father of my 2 kids papers if he is an illegal immigrant.he has been deported once.
Stuart's answer
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Answered on July 29, 2011
You and he need to speak with a lawyer before you do anything.
You say he has been deported - when? Is he back in the U.S., and how did he...
Archived
If my husband has disappeared and we are in the mist of immigration paper work, what should i do?
Stuart's answer
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Answered on July 29, 2011
I agree with my colleague - past the one time, not showing up means denial for abandonment. and, if you don't have an underlying status, possible...
Archived
Can I port my I-485 using AC21 to an Employer B with in 180 days of filing?
Stuart's answer
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Answered on July 29, 2011
On these facts, yes you can - in theory.
It doesn't necessary matter that you never actually worked for the GC petitioning employer in that job,...
Archived
H1b start date being outside US
Stuart's answer
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Answered on July 29, 2011
That's actually exactly my response: you can't be violating U.S. law - concerning unauthorized employment or otherwise - if you are not physically...
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Archived
Can I file i130 with another spouse while awaiting outcome of previous i130 with ex-spouse?
Stuart's answer
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Answered on July 29, 2011
There are A LOT of problems with this - speak with an attorney.
It isn't clear whether or not you have some underlying status, This will be...