I live in the US now and work for a public university. My immigration status was changed to H1B status (not subject to cap) from F1 one month ago. I plan to travel back to my home country in December. But it seems geographically visiting a US cons...
You can request third country processing. You should also look into automatic visa revalidation.See question
Hi I'm a US citizen and I have filed I 130 for my mother and received the receipt number. Can I file the I 485 form before receiving I130 approval? My mother is currently in US and her return back to India is Nov 20
Your mother may be able to file but you should work with your attorney to figure out what the best option is for her.See question
my wife is on H4, I am looking for ways so my wife can work. I have applied for her H1 for the last three consecutive years and her application was not picked in the lottery. As an alternative, I was on the verge on getting my GC i-140 approved, b...
She cannot engage in any activity that would be regarded as employment unless she is authorized to do so. You should discuss the specifics of her proposed plan with an attorney.See question
I understand that the green card process is very lengthy and thus it is recommended for a person to first acquire H1-B and then have employer apply for green card but what if my F-1 visa is valid till 2021 which is 5 years from now(even though my ...
The visa is different from your status. Subject to some exceptions, you have to have a valid visa to enter the U.S. However, the fact that a visa is valid or expired does not usually determine whether you are in status or lawfully present. Whether you are in status or lawfully present in determined by, among other things, your I-94, your I-20, and your work permit. Once your OPT and grace period end, it sounds like you will be out of status, so if you want to pursue a green card it is important to start as soon as possible because the process can take a long time. If the employer's attorney, who is also your attorney, cannot explain this to you and give you this advice, then you need to hire your own attorney. I have made several assumptions in my post so you should not rely on it and should instead consult with an attorney to get advice.See question
Hi . My husband has changed the employer and his I 797 is extended to 2018 where as my I 797 is till 2017
Your EAD will only be valid for, at most, the length of your status. You should check your I-94 to see when your status expires. If it expires earlier than your husband's, you should ask your attorney why this is so and what you can do to fix it.See question
I entered US in March 16 on H4 visa and also I was having H1B approved petition from Employer A. In August I got a job and transferred my H1 to Employer B with COS and it got approved on 12 August. Meanwhile my H4 was about to expir ein Sep 1...
The attorneys who filed these applications should have coordinated their efforts. They should discuss the last action rule with you. Once you determine what status you are in, you have to determine if you have violated that status. If you have, you have to take the necessary steps to get back in status. If having all of these different attorneys is harming you, you need to hire a separate attorney to oversee their work.See question
I am on probation and have violated my probation due to smoking marijuana. I have scoliosis and would like to get my green card
Drug crimes create a permanent ground of inadmissibility. You may or may not be eligible for a waiver. You can theoretically get a green card while on probation but whether you are eligible for this and whether the government thinks you deserve it are more complicated questions.
Also, using drugs, even if you have a medical marijuana card, can separately result in a denial of your green card application. Using marijuana is still unlawful under federal law and immigration is a matter of federal law, not state law.
I’m on H-1 B and approved I-140 in 2011. And my daughter is studying in college and she is on H-4 and will be turning 21 this Feb 2017. She will convert H-4 to F-1 to keep status legal. One question I have, would she get EAD/Green card when my pri...
It is not clear if she will. This will require a more careful review of your documents. You should consult with your attorney. If you do not have one, it is important that you hire one now to help you and your family through this process.See question
I am on F1 opt status and currently I am in first 12 months of OPT. I have my OPT extension in April 2016. I am currently working as a non paid volunteer hence I dont have payroll. I will be on payroll from the time when my 17 month extension sta...
You should consult with an attorney so the attorney can review your papers, ask you questions, and advise you on serious matters such as these.See question