I am eligible for deffered action
Receiving a green card depends on a number of factors not necessarily simply being married to a US citizen. Not everyone is eligible to adjust status in the US. Depending on your particular circumstances you may need a waiver and/or even depart the US before receiving lawful permanent status. That's why it's always best to involve a lawyer. Green card holders may sign up in the military.See question
I transferred my H1B to the new employer and got the approval over the email since it was under premium processing. Now I will resign with the current employer after giving 2 weeks notice and join new employer after 15 days. In all there will be a...
I disagree, even though a new H-1B petition has been approved, you may continue to work with your old employer provided their H-1B validity period is still good. While you may ONLY work for ONE employer at a time, the new petition does NOT automatically invalidate the previous one. Assuming you're old employer has not withdrawn the H-1B petition, YES you MAY continue to work until you decide to start with the new approved employer.See question
Im on H1b visa and my sister filled a I130 for me couple of years ago, I got a letter recently that my I130 is already approved, do i need to file the Change of Status now?will it still take 20years for that process?
You can ONLY file for adjustment of status (AOS) if your priority date is current according to the monthly visa bulletin for the category you are planning to immigrate and your country of birth. You must also be eligible for AOS by having maintained your status at all time and not subject to any ground of inadmissibility or bar. The siblings category is the one that has the longest wait before you will be able to file for AOS. An I-130 approval grants NO immediate benefit to you. It simply classifies you as an immigrant and nothing else.See question
My friend came to usa on visit visa in 2012 n then over stayed here in usa n now she get married with a U.S citizen guy.. Can husband file her residency? Can she get her green card (she doesnt have any status here)?
As long as she entered the US legally, even if she overstayed or worked without authorization, she will be able to adjust status from inside the US as an immediate relative of a US citizen assuming no other ground of inadmissibility applies to her from prior immigration conduct and history. It's always a good idea to have an immigration attorney review her facts before proceeding to avoid her being placed in deportation.See question
We have been together since 2012 but just got married on april 2014 and have 1 child... Please help
Since you are a US citizen, for your husband to be eligible for adjustment of status inside the US, he must have entered the US legally and not be subject to any grounds of inadmissibility. For people who entered the US without inspection (illegally), they must qualify under one of the very few exceptions of the law under section 245(i). This is a complex area of the law that could easily lead a person to deportation if not properly assessed. It is most advisable that you consult with a qualified immigration attorney and not attempt to file anything on your own.See question
How long should we be looking at to start fixing them he wants to go back to his country in about 2 years would that be possible with papers I'm telling him not but he's not believing me any advice would help thank you
He needs serious legal advice. Not the kind of comments you will get from random lawyers on a public forum. There is not enough information on your facts to determine how long he has been in the US since his illegal entry. This will have a harsh impact upon departure if it's been longer than 6 months or 1 year. A 3 or 10 years bar to return to the US may apply in such cases. There is no reference to whether you are a US citizen or not. On the other hand, even if you were, he may not adjust his status from inside the US for because he entered the US without inspection unless he qualifies under a few narrow exceptions. Lastly, "fixing papers" is definitely not the correct term for a person who is willing to obtain permanent residence. Hire an immigration lawyer! Good luck.See question
HI, I AM IN THE PROCESS OF MY WIFE PETITIONING FOR MY AOS....DURING TAX SEASON, MY W2 DID NOT ARRIVE UNTIL MARCH FROM MY WORK PLACE(F1 STUDENT), SO WE DECIDED TO GO FILE MY WIFE TAX SEPERATELY.. OUR TAX PREPARER MADE A MISTAKE AND FILED MY WIFE AS...
First, it is important that you understand that your spouse does NOT petition for your AOS. She only files an immigrant petition on your behalf and YOU apply for the AOS. Second, while the tax return is an important piece of evidence, it alone will not necessarily turn around your case one way or another. The real important fact is that you have a true legitimate marriage for love and not to evade US immigration laws. If this is not your case, you then have nothing to worry about. Get your amended tax return along with all other relevant evidence to bring with you to the personal interview. If you are still nervous or unsure, hire an immigration attorney to review your case and accompany you both to the interview.See question
The AC21 act guides on 7th year extensions on H1-b based on pending perm for more than 365 days before 6 yrs exhaustion on H1B. however, i have not come across any memo/policy so far that includes determinations for 7th year extension on h1 based ...
Yes, there is an old memo on point that specifically addresses such situation. The rule is that the PERM has been filed at least 365 days ago even if this has been approved.See question
I am on L1B Visa, When a portion of company A, sold to company B can new company transfer my L1 Visa? how do i get transferred if the new employer do not qualify for L1B Eligibility requirement.
How can you know whether the company would not qualify? The company attorney may be able to make such determination. In a "successor in interest" scenario there is no new visa petition required, but the resulting company must still qualify as a branch, affiliate or subsidiary of the foreign entity. You must talk with your company immigration counsel asap!See question
My h1b was approved for fy2013. My employer later withdrew this petition. Uscis responded with a NOIR and my H1b is revoked. Can an another employer file a new h1 b petition with Cap exemption. I did read an Attorney's answer somewhere which says...
The answer really depends on whether or not your H-1B status was ever "activated". Meaning you ever worked (even 1 day) under such visa. If the answer is yes, then you were effectively counted towards the CAP and may have a new employer file for a new H-1B even if the previous one was withdrawn. The attorney for the new employer will be able to make this determination. Great question!See question