Hello, My current visa status is OPT EAD Ext. I have been working with employer A since my initial OPT(JUNE2015). My employer A filed my h1 but it didn't picked in lottery. Meanwhile Employer B also applied for H1b and it got picked and have a...
The sponsoring employer, B, is the petitioner and sole party who can be approved for the pending H-1B. The RFE, or the case for that matter, cannot be transferred. Assuming your case is approved, when you start would be determined on whether they requested a change of status or consulate notification. Additionally, USCIS does not refund filing fees on cases accepted for processing.
You should speak to your sponsoring employer and get answers to your questions as they could have serious immigration consequences.
F2 dependent gives a birth in USA. The baby will be USA citizen. Does it give me a right to stay in USA and work after my F1 visa is expired?
A child born in the US does not confer any immigration benefits to the parents until the age of 21. You will need to maintain some other nonimmigrant status until then.See question
My girlfriend came here from Ireland 5 years ago on a visitors visa. We want to get married but know that we need to know how to get her legal citizenship here in the US. We are not sure where to begin and are worried that because she has overst...
As you mentioned, you may well encounter some difficulty. You should consult with an attorney who can gather more information from you regarding your situation and advise you on the best way to proceed. There are too many unknown factors to provide guidance.See question
I was brought to the US when I was 1 year old. I have lived in Californa my whole life. I obtained the Deferred Action or DACA about 4 years ago.
Unfortunately, there is no way of knowing whether President-Elect Trump will revoke the Executive Order of President Obama. I can understand your anxiety and can assure you that the immigration attorneys throughout the US and organizations like AILA, will advocate on protecting individuals like yourself. That being said, watch and read all the news you can to stay informed.See question
I recently filed for my EAD and I got the card in the mail. Then filed for I-131 AP a month later will I get a Card like the EAD or just a letter from USCIS.
You should receive a paper approval with a photo imprinted on it. The dual EAD/AP card is typically only issued on the initial joint filing as part of the Adjustment of Status packet.See question
My husband is a permanent resident and he filed form I-130 immigrant petition for relative. We just got an approval notice which says the person for whom you are petitioning is not eligible to file an adjustment of status application. I entered th...
Impossible to say without knowing more facts, except that your priority date is most likely not current due to your preference category. I would suggest consulting an attorney to get guidance and clarification on your situation.See question
I received my H1b Visa valid for o eyear
Depends on the period of validity your employer requested or possibly on the documentation submitted to USCIS. USCIS pays careful attention to the amount of time an employer can verify in regards to amount of time asked for. So, if your are a consultant and your employer asked for 3 years but documentation from the end-client can only show a 12 month project, they will only approve for 12 months.
Speak to your employer for clarification.
My employer is not showing any willingness to file my wife's H4, as I am not signing his agreement with rubbish clauses, I recently changed from F-1 to H-1 (on oct 1, 2016).I have all the paystubs till now. I know she is already out of status ( si...
You need to consult an immigration attorney. Employers are under no obligation to file for derivative visas for your family members.See question
I have got an approved H1B petition with employer A, starting October 1. However, I don't want to work for A, rather I would like to work for employer B. Can I change employers before getting my Visa stamped? As far as I understand, employer B wi...
Depends if you are in the country or outside. It is possible to change employers prior to October 1 even though your H-1B hasn't technically kicked in. USCIS may question the validity of the original offer of employment.
Regarding stamping, if you are in the US then you do not need to obtain an H-1B stamp. You will only need a stamp if you are currently outside of the US and plan on entering in H-1B status or if you are currently in the US and you plan on departing the US at some point after you start your H-1B employment, at which time you will need a visa stamp to return to the US in H-1B status.
Am currently on H1B Visa employed by Company X and Company Y has offered me a job starting Aug 8th 2016; hence, I have kept my last working day in Company X (current employer) as Aug 3rd 2016. a) Since there is gap of 5 days between my two emplo...
There is no authorized gap per regulations. USCIS has sole discretion on any break in the employer-employee relationship. This will also depend on the timing of your request for change of employer. Your employer's attorney should be able to provide you with a chronology of filing dates and USCIS action on your case.See question