Archived
What can be done about a I-140 that has been approved but has been under extended review for more than 2 years?
Elena's answer
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Answered on August 10, 2016
Consult an attorney off-line. You may have a cause of action to sue USCIS; before you get to that point, an experienced immigration attorney will...
Archived
Pending I-140, going to India in October 2016 and H1B 6 yrs expiring in March 2017, risky?
Elena's answer
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Answered on August 10, 2016
As an H-1B visa holder, you are allowed to have dual intent (nonimmigrant and immigrant) and your pending/approved I-140 should not cause any...
Archived
Current visa is expired this month; But, I-94 is valid till April 2019.
Can an applicant apply for EB1-A?
Elena's answer
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Answered on August 10, 2016
You need not even be present in the US to file an EB-1 petition. Your I-94 is what controls your authorized stay in the US; the visa sticker is for...
Archived
Can EB3 derivative applicant can file EB1 primary applicant?
Elena's answer
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Answered on August 10, 2016
Technically, the answer is "yes" to both questions. Depending on which subset of EB-1 you have in mind, an immigration attorney should carefully...
Can I marry an illegal immigrant in tennessee
Elena's answer
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Answered on August 09, 2016
Does your fiancé have no papers (as in 'no ID') or no status in the US? If the former, he will need to obtain an ID in order to apply for a...
Archived
Will I be allowed in to US with a pending misdemeanor(petty theft) ?or any problems at the immigration?
Elena's answer
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Answered on August 09, 2016
A lot depends on your current status and manner of proposed entry into the US. Gather your immigration and charging documents and contact an...
Archived
My Father filed I-130 to immigrate my sister but I want to file Affidavit of support for my sister, which form should I fill?
Elena's answer
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Answered on August 09, 2016
Both your dad and you must file forms I-864. No birth certificate should be required (unless you were born in the US), only proof of your status in...
Archived
Can one who quit job (lose H1B) still legally stay in the US after filing initial paper work for green-card through marriage ?
Elena's answer
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Answered on August 09, 2016
If you are a US citizen, your wife may stop work immediately upon filing her adjustment of status application or at any point after that (e.g. when...
Archived
How long can i be out of US while my removal of conditional is still in process?
Elena's answer
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Answered on August 09, 2016
You are treated like any other permanent resident when it comes to physical presence and continuous residence in the United States. Read...
Archived
L2 EAD to L1 Visa conversion
Elena's answer
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Answered on August 09, 2016
It is not so much about the processing times; the real issue would be eligibility for an L-1. Processing can be accomplished in as little as 15...