Archived
My question is related recapturing time during transition from H-1B to H-4.
David's answer
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Answered on November 03, 2014
Recapture time is only available for time when you were physically outside the US.
Archived
Hello, I just had an approval notice of the I130 I filed for my Husband who is in the UK.
David's answer
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Answered on October 30, 2014
You should now process the case with the National Visa Center and then the US consulate in London. This should be completed in about 4-6 months if...
Archived
Change of Status denial retains current status and I-94? Does COS denial have any effect on future green card application?
David's answer
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Answered on October 28, 2014
I don't have nearly enough information to answer all these questions, but generally a denial of a change of status would not impact the current...
Archived
I attended my IR1-MEX visa appointment in Juarez in 2005. I was denied for 10 yrs. Can I do a waiver ? What do i need to do?
David's answer
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Answered on October 28, 2014
A waiver of the ten year bar required a showing of extreme hardship to USC or permanent resident spouse or parent. This assumes the ten year bar...
Archived
Instead of working from client site I work remotely from home office. Will this create any problem when my employer apply H1B ?
David's answer
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Answered on October 28, 2014
Actually it has already created a problem unless your H-1 employer has an approved LCA for your home location.
Archived
Can I file for H1B visa now? I am on tourist visa that will expire dec 2014. If I apply now will I be out of status till get H1B
David's answer
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Answered on October 28, 2014
I believe this question was just asked and answered and no you cannot file for an H-1 until April 1, 2015 and they are not available until Oct. 1,...
Archived
Does H1B visa cap for 2015 reach its full capacity? or I still can apply for it? I find a job they'll sponsor my visa.
David's answer
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Answered on October 28, 2014
Unfortunately there are no H-1s available until Oct 1 of next year and it is very doubtful you could extend your B-2 that long. I cannot tell if...
Archived
Can I travel outside the U.S. while my I-130 in on petition?
David's answer
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Answered on October 27, 2014
Yes you can travel if you have a valid L-1 visa or are from Canada and are in valid L-1 status. Once the I-485 is filed you cannot travel without...
Archived
Married in mexico with ex wife, went to us with work visa, never went back to mexico in 7 years, wants to marry in us.
David's answer
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Answered on October 24, 2014
First, you will need to visit a qualified family attorney about the divorce issue. Second, unless your husband entered legally he will not be...
Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services? Yes/ No
David's answer
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Answered on October 20, 2014
An L-1 petition is a non immigrant petition, not an immigrant petition, so the answer is no, assuming no other petitions have been filed on your...
