I go to Canada every couple of years, and each and every time, they've given me sh*t at the border (delayed me, did an exhaustive search of my record, searched my car, etc.) due to several charges in the past and a (wrongful) conviction for crimin...
Yes, you will undoubtedly be harassed again by Canadian customs and likely pressured to pay a "fine" (all major credit cards accepted) to be let in into Canada.
Talk with a Canadian immigration lawyer: find one here:
www.ailalawyer.com (make sure to type the Canadian city of interest/destination.)
When filing I-140 without a lawyer for EB-1(A) category from outside the US, what Service office to use? If Request for evidence is issued, will it arrive at the address abroad? What is a usual processing time of I-140, filed by itself? than...
You must provide a US mailing address for yourself, otherwise your filing will be rejected by USCIS
Read the instructions that come with the I-140, it will direct you to the service center having jurisdiction over the US address you provide.
Processing times are published at the USCIS website, but I wouldn't rely on them too much.. Simply add an additional 2 month to their published dates, that way you will not be too disappointed.. Also have the choice of filing the I-140 via Premium Processing Service, but that will clean you out of an additional $1,225 and will undoubtedly trigger a gargantuan RFE. Otherwise "normal" processing times for such I-140s range anywhere from 8 to 9 months..See question
My current office is moving to a new work location next week. The new office and the current office are within the same MSA. As to the USCIS website, the company must post the original LCA in the new work location within the same MSA for an H-1B e...
Posting of a new LCA at the new work location, as well as deciding when you should work at the new office location are entirely responsibilities of the "employer" and never yours.
For best practices, "before".
Cannot (legally) work before employer having posted the LCA at the new work site.See question
I am on A2 'dependent' visa and I have a job offer, for how long I will be able to continue working in US after my spouse relocate to another country, what will happen to my a2 'dependent' visa status? Do I have to quit my job at that time?
Your A-2 dependent status is directly related and dependent upon your A-1 spouse maintaining valid A-1 status in the USA. The day he quits his job position in the US and "relocates" to another country, your dependent's status is effectively cancelled that very day, automatically, by operation of law. Consequently any work permit you hold incident to your no longer valid A-2 visa will also be deemed cancelled, effective immediately.See question
I lose job before the H1B active date. I have already get the H1B approval letter. I am now in my OPT Cap-Gap. Do I have the chance to find another job now and transfer my H1B?
Your new H-1B employer may try.. USCIS may or may not agree that your are "cap exempt" if you never "activated" your ephemeral H-1B status by having worked for even few days on the original employer's payroll.See question
In the case of marriage, can we list the trips for the previous 3 years instead of 5? Also, how do we calculate the "last 5 years" when counting the number of days outside of the US. Do we start from 5 years back from today's date? If this i...
You are required to list each and every trip taken outside the US during the last 5 years. Begin with your most recent (last) trip and work your way down in time in chronological order. In other words, yes, 5 years back from today's date.
You have to cover 5 years worth, even the time before you actually started residing in the US.See question
I have received the Notice of Decision for my COS (from B2 to F1) application was denied. The main reason of denial is that my SEVIS record had a start date of April 7, 2016 which was more than 30 days past my I-94 expiration date. My I-94 expi...
Don't bother filing an MTR - USCIS will simply cash the fee, reopen (giving you false hope) and then quickly reaffirm its initial denial. That "more than 30 days past one's I-94 expiration date" ground of denial COS to F-1 is not any "snafu" on the part of USCIS, but part of a new trend for denial of F-1 hopefuls filing for COS in the USA, as opposed to applying for F-1 visas in their home countries.
You now have no other choice than departing and applying for F-1 at your home country US consulate. Will need to disclose and explain the denial which took place here. Better work with a competent and experienced immigration lawyer in preparing your consular visa application, as well as personal interview at the consulate.See question
I got a sponsor last year and got my h1b selected in lottery. Later RFE approval and everything went smooth until the interview day. The interviewer put my visa into administrative processing and gave me a white slip to follow up. After about a mo...
Question: "....is it an issue with my qualification or the employer's inability to prove an employment for me? You better believe that was an "issue"... When the US consulate realized that there was no real, bona fide job opportunity for you at that "company" (let me guess: a "job shop" with "projects" at "client's sites"..), then they denied your visa, sent the previously approved I-129/H and LCA back to the US to USCIS, with a report on the findings, with a recommendation to USCIS to "revoke" its previous approval.
What happened after that must have been the "employer" having received a "Notice Of Intent To Deny" from USCIS, citing all the reasons detected by the consulate and giving the "employer" 33 days from the date of that NOID to respond/refute. I can guarantee you the "employer" saw the writing on the wall, and not wanting to "throw good money after bad", simply chose not to respond, with the revocation becoming final on day 34 and USCIS cancelling the H-1B visa number previously reserved for you, and restored to the "pool" of still available H-1B visas, for legitimate employers to use. Consequently, you are now "cap subject" again and any new employer must file a cap-subject petition on your behalf - not before April 1, 2017, with an Oct. 1 17 start date, and that petition will be subjected to the "lottery" again..See question
i am a 30 year old unmarried man from nigeria currently in the US. Both my sister and father are US citizens, is there any advantage for my father filling for me as compared to my sister filling for me? Or will i eventually get my green card soone...
Yes, you will get your "green card" a decade or so faster if your father, as opposed to your sister files for you. Note, however, that a relative's immigrant petition filed on your behalf will not give you the legal right to remain and work in the USA during all the years that such petition will be pending.
And you will not be able to ultimately "adjust status" to permanent residence once the "priority date" of your petition becomes "current" unless you maintain valid non-immigrant status during all those years. Schedule a consultation with an competent and experienced lawyer in private over Skype to explore which other, much more immediate options might be available to you in the interim.See question
I have been living in the U.S. since 1990 with an an expired visa. I got married to a U.S. citizen last year and he wants to file for green card for me. The problem is I can't find my I-94 card. I have applied to CBP without success. I have also f...
With no proof of "lawful/legal admission" into the USA sent "up front" with your I-485 AOS application, you will immediately trigger an "RFE" from USCIS, where they will notify you (after having cashed all the filing fees) that your entire application (issuance of the work permit and advance parole travel document) has been "placed on hold" and that the processing of your AOS will only resume once you provide proof of lawful admission.
Why are you obsessing with that I-94? Don't you also have an "admission stamp" on your passport? If you do, then that is sufficient in and of itself as proof of lawful admission.See question