Hi I have an approved I-140 with priority date June 2012 and I am from India. Could I use my spouse's country (Kyrgyzstan) of birth because of the per country limit on work based immigration in EB2? Also can my spouse work on H4 dependent visa? I ...
Cross chargability may be possible.
It does appear that an H-4 EAD may be possible.
Have you talked to your company's immigration attorney and NOT a NON-ATTORNEY in HR?
If not, why not?
If yes, please tell us what he/she said.See question
I have approved H1 B petition till April 2018 and also I have my i140 approved. My spouse's H4 EAD is expiring by December 2017. Will my wife be able to work while her H4 EAD is applied for extension or is she eligible to work only after the H4 E...
She must stop working in December, unless she receives a new EAD before then.
There is no premium for H-4. The premium for H-1B will be back in October, or sooner.
Consider having her fly home to get a new H-4 stamp and apply for the EAD in time for it to be issued.See question
Hi, I would like some advice on my situation. Recently I found that I'm winner off DV lottery for the fiscal year 2018. I'm going to work with OPT until the end of June, which is set as expiration date of OPT. I was said to apply I-485 soon w...
What do you mean "I was said to apply I-485"? Are you saying that someone told you to file the I-485? If so .. who said that?
The other person who 'said' that you can not file before October 1, 2017 is correct.
Further, you can not file until after your DV priority date is current.
You need a Skype consultation with an attorney ... it might be necessary for you to go home before the expiration of your F-1 grace period.See question
So my company filed an L1 for me in 2014 and I had a L1 till July 2017. Later on, my company was purchased by another company, so the petitioner had to be changed in USCIS department to the New Group. Later on, when I applied for my daughter's L2 ...
Are you telling us that the 'New Group' didn't file the proper papers to amend/extend your L-1?
No, a cancelled visa can't be 'reactivated'. But, a NEW petition can be filed and once approved a NEW visa stamp/foil can be put into your passports.
PS It isn't 'your petition' it is the property of the company whose name is on it .. if it isn't the 'New Group' then the petition is no longer valid.See question
I live in Virginia, and have a marriage based green card, applied to remove the conditions on November, received the 1 year extension letter and went for the fingerprinting, now I'm getting separated and hopping to get a divorce after a year of se...
If you two were living together when you filed a joint I-751 .... all you can do is wait and hope that you're not called in for an interview.See question
Search result "Please follow the instructions you received from the National Visa Center (NVC) that list the six steps you must take before NVC can schedule your visa interview appointment. This includes submitting to NVC various fees, forms and d...
What it means is that you must be patient and wait for the NVC to contact you ... this can take 2-4 months after CIS has transferred the file to the DOS.See question
My opt expires in 1 week. My R1 visa decision is pending. Is my time of staying in US tolled while they are making the decision? Also if it's Denied can I apply for F2 visa without leaving the country?
Yes, your status will be tolled while the decision is pending.
No, if the R-1 is denied, you can not get an F-2 without leaving the US and getting a visa stamp/foil in your passport.See question
I filed a I539 because I was under medical treatment and needed to extend my stay. I have not gotten a respond its been 3 and half months and my treatment will be finish in a week. What will happen if I leave the country before getting an answer...
You will be considered to have abandoned the I-539, overstayed your I-94 and will be required to apply for a new visa stamp ... even if the one in your passport doesn't appear to have expired, it will be considered 'void' by action of law.See question
UK citizen visits the US frequently without a visa for years. Last visit she stays out 6 months out of 12, marries a US citizen, and leaves in time to remain in compliance with US law. A month later she goes to US Embassy and tries to apply for...
Your facts are a bit confusing, people that visit the US without a visa use a program called ESTA and can't stay for more than 90 days ... not 6 months out of 12.
Q: what is the process for getting back in good standing with US Immigration?
A: Developing more firm 'ties' to the UK.
Q: Is demonstrating annulment or divorce, coupled with years of abiding by the law, sufficient?
A: Yes, a good 5 years of abiding by UK law, and living in the UK should be a good start.
Q: Could she try just flying in without a visa and showing an immigration officer that she is no longer married upon landing?
A: NO, absolutely not ... from your facts, her ESTA permit has been 'terminated' and she won't be allowed onto an airplane.
Q: Would she be required to always have a visa now to travel to the US and would it be extremely difficult to obtain?
A: Yes, most likely she'll need a B-1/B-2 visa for several years.
Q: What additional work or documents might be required?
A: She should have a Skype consultation with an attorney for clarification/confirmation.
Hi Got my h1b October 2016. The approval notice says it is only good until June 2018. Thats not even 2 years. I was under the impression, when you renew for that one time, it is for 3 years. Isn't the max years on h1b lile 6 or 7 years? When ...
Keep in mind that is isn't 'your' H-1B ... those papers are the property of the employer.
Have you talked to their immigration attorney? If not, why not? If yes, please tell us what he/she said.
It is possible that the company wasn't willing to 'commit' to you for more than 21 months. Do you have an employment contract for more than 21 months?See question