I'm a Japanese citizen (Country of birth: Bangladesh) who faced visa interview for L-1B at US Consulate in Shanghai on 07/21. Currently, my case is under "administrative processing". My family lives in US and I have an emergency to visit them urge...
Check with your ESTA account, to see if your account is still valid, and if so, you may enter on VWP assuming you can overcome presumption of intent to change status in the US or to perform unauthorized work.See question
Spouse is an H1-b visa holder and we are due to be divorced soon. When does the H4 visa status terminate for the dependent spouse on H4 visa ? It is at end of 6months + 1 day mark from the date of service -i.e effective date of divorce ? Or is it ...
It is neither. You are assuming the court will actually effectual a divorce judgment on the 6th month mark. In California the 6 months is the minimum time not the maximum time a divorce may be entered after filing (unless you and your spouse are using the expedited process in which case if nothing happens in the interim the divorce judgment will be entered automatically on the 6 th month). Generally, between filing delays and court hearing delays, the divorce judgment may not be entered until way beyond the six months from the date of original filing.
The judge will put a date in the judgment when the divorce is effective. You should be planning to change to another status not dependent on your spouse, or plan on departing the U.S. Don't count on any grace period.See question
I recently changed my employer and my H1B got approved and didnt transferred my wife H4 with new employer ( Almost 4 months over ) Having i-94 for my wife with previous employer valid up to feb 2017 . If she travel to india and go for h4...
If your wife already had an H4 then she doesn't need stamping abroad. As long as the H4 visa in her passport is still current/valid then she would just need to prove that she is married to you, and you are current in your H1B status. If she has never gotten a H-4 visa stamp in her passport, then when she goes to India, she will need to receive a visa stamp in order to return to the U.S.See question
Hello All, Thank you for taking time to read my question. I am permanent resident here in United States and filed an immigrant petition for my husband. He has pending I-130 petition (F2A - case complete already but our pd wont be current anyt...
I would be more concerned about the H1B1, since this visa does not permit dual intent. But the employer should still file the petition and if the employer and your husband meet the eligibility requirements, the petition should be approved.
Then, when your husband applies for the H1B1 visa abroad he will have to overcome any presumption of immigrant intent due to the approved I130. It is possible to argue that PD is not going to be current for a long time (if true) and also that it is unlikely PD will be current before H1B1 employment period ends (if true). And plus other applicable factors that you might not have mentioned here.
But more to your original question, if your husband eventually does get a H1B1 and he comes to the U.S., and then later his PD is current to file AOS, assuming he is still eligible, there shouldn't be a problem. Note that if you are still an LPR at that time he would have to be in valid nonimmigrant status and not have worked without authorization.
So as you can see you have many issues in your scenario and it might behoove you to speak to an attorney privately.See question
I'm on H-1B. My wife worked on H-1B till Feb.5th and we filed a Change of Status(COS) for her from H-1B to H-4 the same day. Her H-1B was withdrawn the next day. Her change of status is still pending and we got the COS application receipt. She...
When are you thinking that the change of status has been abandoned? If she remains in the US until the time of the approval to H4, then the change of status has not been abandoned. If she leaves prior to approval then the COS has been abandoned. If she had timely filed the change of status from H1B to H4, then there is no abandonment of change of status just because the H-1B has been withdrawn.See question
Iam an lpr and I have minor kids 17 & 15 who overstayed and i filed petition for them which was approved which in the application i stated they are with me in the US. Gave the date of arrival which is stated in the form, so now we received a welco...
They have overstayed their nonimmigrant status so they are ineligible to adjust status in the U.S. However since they are not yet 18 they have not accrued unlawful presence. Barring any other inadmissibility issues not disclosed here, they should consular process and obtain immigrant visas abroad. Not sure why your "agent" said to not pay the fees.
Alternatively, if you are close to becoming a US citizen, then after you are a citizen, your minor children, as long as they remain under 21 years and unmarried, may adjust status in the US, despite their overstay non-immigrant status, as your immediate relatives.See question
Hi I had a N-400 interview( Apr 20th, 2016) and passed the test. At the end of the interview the USCIS officer issued me a RFE for my non immigrant status for the year 2006 when I was in H1B status. My H1b was valid until 10/17/2006(old H1...
The start date of the new employment period should not be based on how long the petition was taking. It should be based on when the start of the new employment was expected and hopefully it was no later than the end of the last employment period or not many weeks after. You can only prove this by fedex receipt showing when I129 was submitted and the actual I129 petition indication what start date was requested.See question
I sent AoS package with EAD application 10 days ago (on marriage base). I am on B-1 visa and want to apply for Lecturer jobs now which are beginning in Fall of 2016(September).
That question doesn't even make sense. One doesn't have to be legally authorized to apply, which is what you wrote. Are you sure you stated it correctly? Also you do not have to demonstrate your current immigration status. Just work authorization by HIRING DATE. Not even at the interview (unless you're hired same day I guess). These sound like technical issues, but they are important distinctions, because any other day that question is phrased could lead to discrimination issues against the employerSee question
There's a box on the bottom on the appointment letter that you may check to ask for another date, and then you mail the letter back to USCIS. The new date is in the future and you may not select it. Or, alternatively, if you have a pressing reason to have to postpone then make an Infopass appointment and bring your notice and proof of urgency and the officer may let you complete your biometrics ahead of time (eg that day).See question