pontevecchio

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Everything posted by pontevecchio

  1. You can get married here and change her status. You can get married in India and have her get her H4 visa and come over.
  2. I suspect they mean people living in the USA.
  3. Usually, the duration of stay is 6 months and you can apply for one extension. Stays of more than one year on the B2 Visa are not allowed. If one applies and stays over after a visa extension denial, the existing visa is rendered invalid. Obviously, she can leave before the decision with no effect. Health Care can be a very expensive proposition in the USA as I am sure you are aware.
  4. If you lie to them, you will be in serious trouble. Just carry your pay slips. On an approved H1 petition, you work for the sponsor.
  5. It will not. You need to update your address with USCIS. How to Change Your Address | USCIS
  6. If your latest H1 approval has an I94 attached, then you are in status till August.
  7. The current Green Card is gone. You would need to file a GC for your spouse based on your Marriage. Then your spouse needs to file for your daughter's Green Card. You should let a lawyer guide you in the matter and file all the papers. You have to overcome the fact that they have not lived with you for the last 10 years. Maybe consult the firm of Murthy in the matter.
  8. She will automatically be in H4 status till the expiry of the H1 petition when she enters the country. She needs a current valid H4 visa. If she has no visa, she will need to apply for the H4 visa back home after your H1 petition is approved.
  9. why not tell them only if asked that you work for the H1 sponsor?
  10. Yes. To get 6 years in total you would have to leave for one year and then get a H1 petition approved.
  11. An approved H1 petition after going through the lottery is only valid for future use if you have either worked for the H1 petitioner or have got an H1 Visa stamp based on that petition. If you get your H1approval without COS, you could continue in H4 EAD after the H1 petition starts.
  12. It is always possible to reclaim the PD of a previous I-140 for a subsequent filing.
  13. You need a valid H1 petition approval premium processing or otherwise. The procedure is for her to come back on the H4 Visa and show your H1 approval to be allowed in H4 status.
  14. You have to be out of the country for one full year.
  15. You qualify for a 7th-year extension by virtue of a PERM pending more than 365 days. Hence while the company can keep everything ready, they can only file after 365 days have elapsed.
  16. If you had a COS to H1 along with the H1 Petition approval, then you will need to leave and return on the H4 Visa to get back into H4 Status
  17. She can return based on her existing H4 Visa and your 7th-year H1 approval. She may need to reapply for the EAD.
  18. Changing from Adjustment of Status to Consular Processing - Murthy Law Firm | U.S Immigration Law
  19. You will need the relevant docs in case they need them. Since they have the records from your last visa Interview, subsequent Expungement does not hide the facts.
  20. A visa lets you enter. The I94 lets you stay till expiry.
  21. "If you’ve lost your F-1 visa while in the United States, here are the steps you should take: Police Report: Visit your local police station and report your lost or stolen documents (passport, visa, etc.). Provide copies of the original documents if available. You’ll receive a police report detailing the incident. Make sure to keep an extra copy for your records. Replace Lost/Stolen Arrival/Departure Record (Form I-94): If you were issued a paper Form I-94 (Arrival/Departure Record) and it was lost or stolen, you must get it replaced immediately. Visit the Department of Homeland Security (DHS) website to file for a replacement I-94. You can find the application form at the U.S. Citizenship and Immigration Services (USCIS) website and information about the I-94 at the Customs and Border Protection (CBP) website. Report Lost/Stolen Passport to Your Embassy: Contact the local embassy or consular section of your home country. Inquire about the procedure to replace a lost or stolen passport. Most countries have websites with contact information. Report Lost/Stolen Visa to the U.S. Embassy or Consulate Abroad: Email the Consular Section at the U.S. Embassy or Consulate that issued your visa. Include your full name, date of birth, place of birth, U.S. address, and email address (if available). Clearly state whether the visa was lost or stolen. If you have a copy of the passport or visa, scan and email it to the embassy or consulate. If known, provide the category of visa and the passport number from the lost/stolen visa. Remember that lost or stolen U.S. visas cannot be replaced within the United States. You must apply in person at a U.S. Embassy or Consulate abroad for visa replacement1. Additionally, if your F-1 visa becomes damaged or is lost or stolen while you’re in the U.S., it can only be replaced the next time you travel abroad. While abroad, you must apply for a new F-1 visa before reentering the U.S. in F-1 status2. Keep your other valid documents (passport, I-20, and I-94) handy during this process."
  22. Does your spouse have an approved I-140/immigration Petition?
  23. Discuss the situation with a lawyer.