Hi, I've been working for the same company since April. They want to keep me and said they'll do whatever it takes, as long as it's not illegal. My EAD expires in January, so what are my options to continue working? What if I apply for a...
To answer your question it necessary to know a lot more about your situation. However, given January is only 2 months off, you need to see a qualified immigration lawyer immediately. For instance, even if you started a PERM application today and everything went as quickly as possible, under current DOL processing times (plus mandatory recruitment processing times) it would be 6 to 9 months before the PERM could be approved and assuming an EB-3 or EB-3 quota number is available (hope you weren't born in India or China which have considerable quota backlogs) it would be another 3 months until you got your EAD ("work permit) based on filing an adjustment of status application. However, you may have other options - that will allow you to continue working while your waiting. You really need to see a lawyer immediately if you don't to lose out on this opportunity (an employer who want s to sponsor you).See question
I am from abroad and she is a US citizen. We started dating in college and have dated 7 years. We got engaged two months ago and we will have a 'wedding' with family and friends next year. However, we did not realize that the green card process wa...
Make sure that you take to your adjustment of status interview at CIS documentation showing that you have known each other and have had a relationship for the last few years (the more the better). Your situation is not that unusual (need green card before visa expires). As long as the CIS officer is satisfied that you both have a bona fide marital relationship you shouldn't have any problems due to the fact that you were married in a simple ceremony at the courthouse.See question
After a long year of planning, I am planning to get married this May 2015. Employer told me my petition was selected for H1B this year. I was filed as 'single' during the application process, but now I wanted to continue the plans and get married....
Actually, it really doesn't matter when you get married. Many times I have obtained H-4 visas for a newly acquired spouse of someone who was already here in H-1B status. However, it would be far more convenient if at the time you apply for your H-1B visa you also applied for your new wife/husband's H-4 visa. BTW, you don't have to inform USCIS that you are married for 2 reasons: 1. Technically the petition is filed by your future employer ("sponsor") so you have no standing to change or amend the petition and 2. There is no question regarding your marital status (let alone name of spouse etc.) on the I-129 Petition your future employer/sponsor filed!See question
citizenship and naturalization police officer gave me 4 T. tickets at same time speeding,unsafe movement, passing yellow line and reckless driving ,i was charge with reckless driving and they dismissed all other 3 tickets per plea to reckles...
Not sure by what you mean by the word "kites". I believe the legal term you are referring to is "charges". Also the word "sham" (which means "fake" and usually refers to marriage cases where someone get married only for the green card - which is illegal) seems to make sense if you use the word "conviction". So the answer to your question is that in most cases charges and convictions stemming from the same incident (arrest) count only as one conviction for the most serious offense under immigration law. Usually traffic infractions like speeding or running a stop sign are not "convictions" and do not affect your record. However, some convictions that may occur while driving a vehicle such as driving under the influence (DUI) and in some cases "reckless driving" (when it involves alcohol or drugs ) are charged as misdemeanors and can negatively affect your immigration record. So you really should check with a lawyer in your particular case whether what happened to you in court will affect your immigration status. Also, certain convictions don't count for some types of applications (e.g.: a single DUI after probation has been successfully completed wont affect your eligibility to become a U.S. citizen but will negatively affect your eligibility for DACA status). So your immigration lawyer should know about any contacts you had with the police. If you don't remember the details usually you can get your "criminal history" form the California Department of Justice ("Live Scan") or from the FBI.See question
Can i file I-485 with the company B(I-140 is approved with this company) with out having H1B with them and working with the company A
Yes you can. However, you may be questioned on why you are being sponsored by company B when you are working for company A. In other words, is there a bona fide job offer from company B? There may be a very good reason for this, however the fact that you didn't "port" you H-1B to company B could bring up questions as to whether this is an "accomedation case".See question
Hello, I am French and I arrived to America on a visa waiver to visit my friend who is an american citizen. We fall in love and got married within 60 days of my arrival . Does it make me an immediate relative? Can we apply for adjustme...
Yes, you should be eligible. I would be advisable (but not necessary) if you could file your application before your stay expires (90 days after you arrived). You may also want to google the words "preconceived intent adjustment of status".See question
Approximately 25 years ago in back in 1987-1988 I went on a road trip with my girlfriend and her family to Tijuana Mexico to visit my girlfriends mom's friends. On our return to Los Angeles, my girlfriends mom's friend decided she was going to ri...
If you were fingerprinted (I assume all 10 fingers) there probably is a record and you can also access some basic information about the incident by getting a copy of your FBI "identitiy history" criminalhttp://www.fbi.gov/about-us/cjis/identity-history-summary-checks/submitting-an-identity-history-summary-request-to-the-fbi There may be some indication as to the final disposition ("no charges filed", referred to U.S. Attorney" etc.). There also may be a file number that you were not aware of associated with you or the incident. It will probably come up during your interview so you should be prepared to deal with a response (e.g.: you were unaware of the lady's immigration status, etc.) You were lucky they didn't confiscate your car - but the fact they didn't would indicate that they believed that you were not part a scheme to bring her to the U.S. illegally. Since knowingly bringing a person illegally into the U.S. is a deportable offense (even if there is no conviction) you should definitly have a lawyer represent you and appear with you at your naturalization interview if you decide to file an application after review your FBI and FOIA responses.See question
Do I need additional qualifications and/or documentation to get the green card or is having a O-1 Visa sufficient. How do I get started?
Although the criteria sound very similar as a practical matter USCIS is more critical and restrictive in granting the EB-1 "alien of extraordinary ability" classification. See attached.See question
Which immigration law forgives illegal employment for less than 6 months when adjustment of status for greencard is through employment? I remember reading this before, but I forgot which Bill or law it was. I do not think I'm talking abou...
Section 245(k) of hte Immigration and Nationality Act which states: (k) 7/ An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C) , under section 203(b)(4) ) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if--
(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the alien's admission.
I am a service business (we run yoga/dance teacher retreats/intensives with choreographers who have worked with celebrities ie. JLo's choreographer) so the start up costs have not be close to 100K. I have paid the rent already for my office space...
I always tell my clients that applying for an E-2 (Treaty Investor) Visa is like applying for a bank loan for your business. The bank doesn't want to give you a loan unless they know you have a successful business but you dont want to (or cant) build up the business without the loan. Same with the Consular Officer reviewing your application. There is no requirement that the business be operating or have any employees - but new businesses (as opposed to established businesses) are closely scrutinized by the Consulate. A formal business plan (done by a professional) is almost always a good idea for new businesses. There are other things you can do as well to build up your case and your supporting documentation. E-2 visas are wonderful - they can be renewed indefinitely and are very flexible (e.g.: you can change investments, bring in new managers or executives from abroad if same citizenship, etc.) However they are one of the more complicated visa categories and a properly prepare application for a first time applicant must be very well documented to be successful. I STRONGLY recommend you retain a qualified immigration lawyer to assist you. In many ways, like a bank loan, you want to go with all you got since you might not get a second chance to do it right.See question