My current employer is going to file an H-1B application on my behalf this April while I continue working with a valid EAD card (STEM OPT extension). Then, I am planning to take a vacation for 2 weeks in May (outside U.S.).
I would advise against it. Your are in than transitional area of having completed your F-1 status and are now in the OPT phase albeit a STEM extension but OPT in and of it self does not grant or provide you with a new status or continued F-1 status and unless you are travelling to the Mexico or Canada for less then 30 days when you can use your current valid I-94 (D/S) and re-enter the country, if your F-1 Non-Immigrant visa has already expired you may run into difficulties in having the embassy/consulate issue you a return F-1 visa as you really are no longer in an F-1 status but OPT. So, even when your I-120 is endorsed by the school, you have a valid OPT EAD, pay stubs to proof your employment, job verification letter etc. its still risky in my opinion. In so far as your H-1B CAP application come April 1, 2016 if you are selected, leaving the US/departing the US while your application for a change of status is pending may most likely be deemed an abandonment of said change of status so if they approve your H-1B USCIS could very well issue a consular processing approval, meaning you would have to apply for the H-1B visa overseas in your native country at the embassy or consulate instead of utilizing the cap-gap bridge to gap between your OPT expiration and the new start date of H-1B on October 1st, 2016. Of course if your STEM OPT extension goes beyond the expiration of your OPT and the new potential start date of H-1B then your fine on Cap Gap issue but I still don't think its wise to travel unless there is some new policy guidelines on F-1/OPT travel I am not aware of or familiar with. Perhaps some of the other competent colleagues will respond and have different opinions/advise. Good luck.See question
i am from pakistan.what US embassy will ask me to do next and what verification would be needed
Its hard to predict but several months. USCIS who handled the I-730 approval/file will now transfer your file ("A") file to the NVC-National Visa Center (State Department) who in turn will issue invoices for the immigrant visa processing and supporting documents etc. from you and your husband, a lot of which are duplicative as previously submitted and this can be frustrating and the NVC as of the last 2 years has somewhat been in disarray and imploding with long delays, technical glitches and many duplicative request for documents, delays, and request for documents already previously submitted and responses to inquiries you or your spouse/legal counsel make that do not make sense. But Islamabad once the "A" file is electronically transferred to the embassy is quite prompt surprisingly and competent as of the last 2 years in processing your case and scheduling you for the mandatory interview. So, in a nutshell it also depends on how fast you and your spouse respond and whether you send them (NVC) the documents they are asking for and filling in the online Ds-260 immigrant visa application and paying all the associated fees (which sometimes can also be a real challenge technically). I would say between 2-6 months. Good luck.See question
I am on L1a Blanket Visa. My company is not showing any interest filing Green Card, even if they do, I am supposed to pay for it. So is there ANY way I can file Green Card my own without dependency on my company?
Not really per se. The L-1A blanket visa is idiosyncratic to the company who sponsored you for the visa. There is an invincible umbilical cord between you and this company and unless they agree to sponsor you for sponsorship for permanent residency you cannot apply on your own. You may hypothetically self-sponsor for a green card/permanent residency on an Employment Based Category 1 called "Extra-Ordinary" ability by way of an example BUT this is a very difficult category to qualify for since the average person does not exhibit the skills and requirements of Extra-ordinary ability. But, perhaps you may qualify and therefore this warrants a closer look if you want to cross all your T's and dot your i's. But essentially, besides the EB-5 investor visa or the EB-1 extra-ordinary ability, those are the main self-sponsorship categories ,most commonly used. Now, another employer could certainly file a labor certification (PERM) for you hypothetically and purse a prospective green card application for you if you and the company qualify and can get the labor certification certified and the immigrant visa (I-140) approved and then apply for a green card BUT you would have to continue to maintain your L1A status with your current employer while pursuing the parallel application for a green card through EB-2 or EB-3 (advance degree or bachelor degree qualifications) to obtain a green card for you. You should definitely consult competent counsel to explore these potential options. Good luck.See question
He is not ready to give me the documents to go for h4 visa,meanwhile my son is an year old,he has an entry visa to india and his maximum stay in india shouldnot exceed 6 months which will be due by November 3rd,so my question here is can i apply t...
If your H-4 visa is still valid of course you can still use is as long as you remain married. Only once a divorce is finalized hypothetically, then your H-4 would no longer be valid. But, you could theoretically apply for a B-1/B-2 but you will probably be faced with some intense questioning and scrutiny at the embassy/consulate as to why you are applying for a B-1/B-2 instead of your previous H-4 and once you divulge your ongoing marital problems they may refuse to issue your B-1/B-2 for fear of you overstaying your B-1/B-2 but this is worse case scenario. They may conversely also grant it so you may wind up your affairs for your minor son in the US. What about exploring Indian nationality/citizenship for your son? Is he not entitled to Indian nationality or a permanent permit as both his parents are Indian nationals despite his birth in the US? Depending on your marital issues you may also want to hire a competent family lawyer who could if so desired file a divorce petition in the state of where you and your husband previously resided and as part of the family law proceedings also try to resolve the issue of your sons' and your own interim visa entry document support rights etc. although this most likely will take time beyond the 1 month validity of your son's current entry visa. Good luck.See question
My mother is over 65 and has failed the citizenship test twice because of her poor English. She recently obtained a certificate from a psychologist which hopefully will exempt her from knowing English. Could an immigration attorney go with my moth...
Of course. She has the right at her own cost to be represented by counsel. This will certainly not guarantee a positive outcome BUT if she has competent immigration counsel with her AND she has all her paperwork in a row, like the form N-648 (for her disability) AND her doctor (I do not think a psychologist will suffice and is capable in filling out the form N-648 and entering the CPT/ICD (medical billing and diagnostic codes) on the form and opining that she has a permanent disability or cognitive defect that will not go away or heal in order for her to be able to be exempted from the English and/or civics exam of the N-400 requirements. I usually have my clients consult with a full fledged doctor like a neurologist, psychiatrist however a general practitioner/family care physician may also qualify. But yes, she can hire an attorney and have him/or her accompany her to the re-scheduled interview and bring a form G-28 for the officer and the file to ad him/her to her "A" file as the attorney of record for her. Good luck.See question
I filed my petition on September 9 2015, do I have to wait for the priority date to be September 9 2015 in order to send in the i485 package?
It depends. If you are a Legal Permanent Resident (LPR-i.e. Green Card holder) then the answer is yes. She falls into preference category F-2A on the visa bulletin and therefore her priority date needs to be "current" (on or before the date listed on the current visa bulletin, e.g. September 2015, although the October 2015 visa bulletin has come out but does not go into effect until October 1st, 2015. Also, the Obama administration has recently promulgated a "new" streamlined counting method for the visa bulletin come October 1st, 2015, which means that "if" an alien is already in the US, and in lawful status, and their priority date has not become current/reached and is retrogressed (backlogged) BUT based on the "new" adjustment of status priority date streamlined process, you "may" (on a case by case basis depending on the availability date(s)) FILE her adjustment package and EAD application. You will NOT be allowed to jump the line ahead of the existing priority date for her category BUT it does allow you to file earlier than what her date may be (you need to carefully peruse the new system starting October 1st and I would strongly advise you seek the assistance of competent counsel BEFORE you prematurely file a I-485 package. If on the other hand you are a US citizen and your spouse therefore is an Immediate Relative (IR) you DO NOT need to wait for the priority date as its always current so to speak and you can file everything concurrently so AGAIN, seek the advice of competent immigration counsel is my advice. Good luck.See question
I resigned from my company in November 2014 and left the United States. I came back to the U.S. on B2 in Mar 2015. Is it possible to transfer to H1B if I find a company that is willing to sponsor me?
Its important that you wait 60 days first before you change status from B-2 to H-1B after your entry otherwise USCIS may claim that you misrepresented your self when you entered on the B-2 and you apply for a change of status prior to 60 days (its called the 30/60 day ruled, i.e. safest after 60 days, if before 30 days you are in trouble, if between 30-60 its a rebuttable presumption (its your burden to proof that you did not misrepresent your entry, but after 60 days your safe). So, on the H-1B, as you may now, your maximum stay is 6 years unless you have an approved PERM or I-140 or perm pending for 365 days or more prior to reaching the maximum 6 years and then you can renew your H-1B beyond the 6 years. Now, anytime you spend 1 year or more outside the US, you get a clean slate. Now, you mentioned you had previously been in the US on an H-1B but resigned in November last year so, depending on how much time you accumulated on your previous H-1B stay, which was already calculated against the CAP, if you have time remaining on the 6 years, i.e. you were here for 2 years, you can still recoup the remaining 1 year on H-1B and then renew for another 3 years with the new employer. Good luck.See question
But just got convicted of the dwi by itself n didn't get no charge for child endagerment I got to do a month in jail for the dwi will I get an ins hold while I'm in jail doin my time?
Is the criminal case for the DWI prosecuted in Texas or NM? In Texas, a 3rd DWI is a felony. The 5th Circuit which covers (TX, LA and MS) does not deem a 3rd DWI as an aggravated felony BUT the Immigration judges and ICE prosecutors certainly look very critically at multiple DWI's especially in a short time span so, I don't think you will end up in proceedings for removal BUT I am not familiar with the laws in NW nor am I qualified to discuss them, I am not licensed in NW. I don't know how your plea agreement/conviction record reads. Not having an enhancement for child endangerment certainly is a plus for you. You will not be able to apply for naturalization in 2 years after having been an LPR for the last 3 years due to your lack of Good Moral Character since you have these 3 DWI's. You are skating on thin ice and should definitely look into perhaps going to rehab or AA to help you kick this disease since it may lead to more serious potential future run-ins with the law. If you want to apply for naturalization you need to have 5 years of GMC-Good Moral Character, i.e. no more criminal convictions among others and also count the 5 years from the last conviction or when you finish your probation "if" you were placed on probation. Definitely also seek the advise of a NW licensed attorney well versed in Immigration and Criminal law who can carefully analyze the specific elements of the case to determine your exposure to potential removal proceedings. Good luck to you.See question
My name is Bahodur. I live in Dushanbe, Tajikistan. I am an owner and the general director of LLC. My company deals with education abroad, we send Tajik students to different countries, including USA to learn foreign languages and for non-degree/d...
This is a very serious charge and may bar you entry for life into the US since alien smuggling has no waiver unless the alien's smuggled into the US were your immediate relatives (parents, spouse, children) but if not you are permanently ineligible to enter the US. As another attorney who answered your question mentioned first you should seek to obtain a copy of your entire file called FOIA-Freedom of Information Act from all the relevant agencies BUT they may not give you everything since some documents are not discoverable especially from the consulate/state department since they are mostly exempt from furnishing documents under FOIA but all the other agencies (USCIS, ICE, CBP, Border Patrol) they will have to give you a copy of their file with very limited exceptions such as law enforcement names, techniques etc. Obtaining your file "may" reveal the allegations and facts against you on how they came up/determined this derogatory information. If there is no factual or legal basis we may be able to file a lawsuit against the government in federal court. Just because some of your "students: ultimately abandon their F-1 student status and end up falling out of status and work illegally in the US this cannot automatically be imputed to you unless you are actively and knowingly assisting them in this endeavor or looking the other way or misrepresenting the true facts and I-20 qualifications etc. You should hire competent immigration counsel to initiate a complete FOIA and once obtained, review your entire file and than advise you accordingly. Options are somewhat limited since you are outside the US BUT the lawsuit against the state department/consular officers sometimes does work. Good luck.See question
I bought some flight tickets with my CC and the flight was canceled due to weather conditions. .. the airline gave me a number to file a refund ..I did file and obtained an email stating full refund due to weather condition. Its been 4 months and ...
Potentially yes of course you could file a lawsuit most likely BUT that should be your last option. Why don't you seek out an attorney in your area that could write a stern letter to the and most likely this will get things moving.See question