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Everything posted by pontevecchio

  1. When does your current I94 expire?
  2. I assume you have the disposition from the court. In your place I would involve an Immigration Lawyer before you leave. You should be able to get the visa.
  3. You will not be asked for an employment letter when you return using AP. They may ask you to attend another Interview at the local Office or send you a RFE asking for proof of current employment or a job offer corresponding to AC21, if at all. Keep a lawyer in the loop.
  4. I am simply basing this on the fact that you are allowed to work after amendment filing and before approval which was not possible in the past. The rules would seem to have changed. That would mean you are in status now and can file AOS.
  5. I suspect not. But you may like to discuss this with the firm of Murthy or any of your choice before giving up.
  6. B. Yes. C. None, unless it is one of those DCC'S. D. If you think they will listen to your lawyer, first discuss this with a lawyer and then if he agrees that a new employer can file a H1 petition now, have him speak to your prospective employer. If they will not file for you for whatever reason, this discussion is academic.
  7. Your PD should possibly take an year and a half to be current. You can use AP to leave and return. Is your job for which the GC was filed available now and are you now working for that employer?
  8. What was the potential sentence? Are you the Dad?
  9. You can certainly file I-140 and AOS/EAD/AP now. I assume we means the company Lawyer?
  10. As long as you qualify after including this visit, there is no issue. As far as the 3 month residence is concerned residence is not physical presence.
  11. There should be no issue as you have a H1 stamp[ in your passport.
  12. The TRUMP Administration has no connection to NY State Law. NY state considers possession of less than 25 gm of Marijuana a minor offense involving a fine. No arrest is involved in this case. Experience is NOT necessarily the best Teacher in matters such as this. The OP will be OK in the long term and he does need to involve an Immigration lawyer and needs to explore what NY rules are about Expungement specially in a rehabilitative disposition of a matter considered on par with a traffic ticket. He also needs to remember Marijuana stays in the system for a relatively long time and depending on any surprise drug tests he may again be surprised. There is NO trial involved. 100 USD fine is the end of the matter. A second time with a small amount is a 250 USD fine.
  13. Do not let anybody scare you from the anonymity of the Internet. When does your current H1 petition expire?
  14. A transfer is a NEW non cap H1 petition.
  15. There are at least 4 short bridges to cross over from Niagara Falls USA to Niagara Falls Canada. If you use the rainbow bridge there is a cutoff before reaching the Canadian booth to the US CBP. If you do this let us know the exact modalities.
  16. Yes.
  17. If you made arrangements to pad her bank account recently to show the VO, there may be issues. Secondly they cannot put her in jail. Have her talk to the firm of Murthy in Chennai for guidance in the matter.
  18. YES.
  19. You are asking for guidance about Canadian law in a forum dealing with US Immigration. Tell your employer the truth.
  20. GET AN IMMIGRATION LAWYER INVOLVED along with the criminal Attorney..
  21. It is possible. It is also highly recommended that you involve a lawyer in the process as technically TN is not considered dual intent.
  22. F2 periods are not counted. You would seem to have roughly 5 years and 5 months available. Do the math.
  23. All F1 visas are denied as a blanket 214(b). What Degree will you be pursuing ? Anyway best of luck. They do not like circumvention of the normal process.
  24. It is possible for you to use the valid H4 visa to enter.