care_candidate

We filed family based application I-485 for spouse for India. Bulletin shows it is current but time to process shows 9-36 months. When shall we expect to have it processed?

Yes, but you will still need H1b for new employer.

Assuming your sister is Indian, By employment route (I-140), her PD will take about 5-10 years to become current as she already has it in the system. By family route (I-130), her PD will take about 15+ years to become current as you have not initiated application yet.

Why irrespective of priority on visa bulletin? You just have to wait till your PD becomes current.

This will have significant consequences. Not because you didn't receive paycheck but this shows employer's inability to fulfill basic qualification for sustainable employment. Your H1b comes with certain conditions employer has to follow. If they can't it is problematic for them particularly.

How is this an immigration problem?

No matter what is allowed or not allowed in their own country, it is not allowed in US. Therefore there is possibility that they may get into legal trouble and thereby you too. They can try but know your and their risk in any way they do apply. This is rare situation but I am sure Visa officer and CBP officer may be aware of it.

1. No. You are no longer eligible to have Social Security and you should formally abandon it. 2. Read details of B1 visa. https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor 3. Absolutely not. Read #1 and #2. 4. No. If information is not clear, you should consider hiring decent immigration attorney.

Based on what you mentioned, chances are low. If you read your #2, that alone will make them deny visa. No one can sponsor visa expenses and as you mention that, it means that you are helping him get here in beginning and then because he is about to graduate, he will try to find job here and stay legally or illegally. The single most item he needs to project in his application is that he has more inclination to return back to home country than staying in US. He can show that by Strong ties in home country (job, job prospect, family, other) Have strong source of income or source in India Have less or no benefit in staying in US beyond time period. Understand that it is difficult to convince that he will return when he is about to finish education and have no further plans on doing anything there. An obvious question officer can ask that why he wants to return beyond the fact that he has family to return to in this case.

There is always time to do right thing. However, you will face some validity of proof issues since these are important items.

You will have to start the whole process from PERM, then I-140 and file for Green card with new employer. You can make request to use same Priority date. Also if you remain out of US at the time of applying for Green Card (third step) you will have to file using Counselor processing rather than Adjustment of Status.

Technical documentation, milestone tables, funding documents doesn't look like actual technical work but a sideline work. For H1b, there are specific criteria to approve. As a matter of fact they all indicate different work areas Technical Documentation: Engineering? (Are you writing technical documents such as patents or instruction manuals?) Milestone table: Schedule? (Do you create production schedule? Human resource schedule?) Funding requirements: Finance? (Are you creating funding proposals?)

Ask your employer's attorney. H1b is sponsorship; you have to ask sponsor.

Typically passport will be primary document. I have seen same issue many times. Candidates from India have this issue that they combine first and middle name together and then it can be construed as first name only. You can do what many people do. Just list your first name ABCD wherever they ask and if they ask middle name just have it EFG. If they ask for middle initial, have it E. And obviously last name as it is.

The issue is not that you filed I-539 in timely manner, but your overstay. Why?