Hi, My husbands i140 is approved and the next stage is being processed Due to personal emergency my husband needs to go back to our native country India and stay there for few months. I and the child will be here to apply EAD and look for the job ...
Yes, the person on H-4 can stay in the US ... as long as the H-1B person stays on the FULL payroll.
But, it might make sense for you & the child to return home for visa stamp ... a 'few months' is a long time and I doubt that the H-1B employer will continue with full pay for that long of a time.
PS You can NOT apply for the EAD if the H-1B person isn't on a full payroll.See question
I moved from company A to B. My new employer B filed for H1-B transfer and got the extension for three years until 10/2019. During the transfer, H4 transfer/extension for my dependent ( residing in US) not applied. The dependent H4 status is valid...
There is no such thing as an H-4 transfer. The H-1B needs to have transfer papers filed, but not the H-4.
1. Yes, the H-4's I-94 remains valid until 10/2018.
2. Apply about for the extension 6 months early ... approximately 4/2018. Or, the H-4 can travel home and get a new visa stamp, valid until 10/2019.See question
Hi, I was on my L1 Visa and my i94 was expiring 16th Nov 2013, I had applied extension before it expire i94 than final denied result came on 6th of Mar 2014 & i had left USA 27th Aug 2014 I had B1/B2 Visa Valid upto 2021 and i had travel to ...
The CBP officer's original calculation was correct ... you became an overstay on November 17, 2013 ... yes, if an extension is denied, it 'reverts back' to the expiration date of the I-94 .. you were not 'lawfully' present between November 2013 and March 2014.
Thus, to avoid unlawful presence/overstay time you should have left before May 16, 2014 ... didn't the company's immigration lawyer tell you this? If no, did you ask the lawyer?
The CBP officer was nice letting you in for 6 months ... he shouldn't have done that.
The US Consulate/Embassy was correct in applying a 3 year bar.
Sure you can file a FOIA on your personal file ... and ask your former employer to file a FOIA on the I-129L extension file (it is their property and you can't ask for that particular file.)
Your assumption that you weren't unlawfully present/overstay until March 6, 2014 is incorrect.
The good news is that August 2017 is only 7 months away ... it will probably be easier/cheaper to just wait until then.See question
my mom is over 50 and she is second-language. she can't read and remember English questions for citizenship exam. I want to know is there any way for her to pass the exam without reading questions?? thank you
I agree with my colleagues, we need to know how long she has had a greencard.
PS Although possible, the medical waiver is really, really, REALLY DIFFICULT to obtain.See question
My H1B Visa going to expire on April 2017 and going to apply for extension, it is possible to go with premium process?
No, 'you' can't do that.
Yes, the company's immigration lawyer can file in Premium.See question
Hi. My daughter was volunteering in Panama from 2014-2016. She got engaged to a Panamanian citizen last spring and they would like to get married in the US and reside here in NY. She moved back to the US in September 2016, got a job, and submitt...
Yes, 3 months is enough for the I-134 required by the US Consulate.
After arrival as a fiance and they get married, an I-864 will be required ... usually they want at-least 6 months on the job. This should be fine due to the fact that it takes about 4-8 months for a fiance visa to be processed & issued.
That's right ... you need to prepare them for him not entering the US much sooner than May/June, probably closer to September.
Don't try to take 'short cuts' ... everyone will regret it in the long run.See question
Once he flies over here as a visitor and we get married, can he stay from that point and start working immediately while the I-130 is being filed? Or does he have to go back to his country while we wait?
DO NOT HAVE HIM COME IN ON A VISITOR'S VISA.
Do the 'right thing' and file an I-129F for him to come in on a fiance visa.
Then, get married the second he arrives (again, ONLY if he used a fiance visa ... if you get married right away when he comes in on a tourist visa this will be evidence of immigrant 'intent' and a misrepresentation of the purpose for his trip when he talked to the immigration officer at the airport.)
Then, immediately after getting married, file the I-485/765/131/864 package ... a work permit should arrive about 90 days later.
No, there is no way to get a work permit faster.
And, if you do things properly, with a fiance visa, he won't have to go back to his home country.See question
I went to canada on my sister's wedding. Due to some personal reasons i had to stay little longer in canada for 2 months. Now my i20 has expired and i am stuck in canada. My international advisor says you have to transfer out to other college or w...
Wow, 2 months is much more than a 'little longer'.
You may need to go home and wait for a new school to let you in.
What is your nationality?See question
I expect to complete my training next year and am concerned about getting a NORI from India for the J1 waiver job.
I haven't heard of anyone being successful. But, it is possible that someone may have gotten one and is being 'quiet' about it.See question
I am on F1 visa and I am on my first year of OPT (not extension) as of now. My OPT ends on August 8th 2017 (I think that's irrelevant since I will extend my opt for 2 more years). My employer will be sponsoring my H1 and hence we will be applying ...
Keep in mind that 'mr t' can cancel the STEM extensions very quickly.
Yes, you should be concerned .. getting a new F visa stamp will probably be difficult.
What did the company's immigration lawyer say when you asked him/her?See question