Attorney_6

Yes, to take advantage of cross chargeability, both you and your wife's respective I-485 applications must be filed together, and request to be charged against your wife's country of chargeability.

Generally, a new H1B visa is not required - you will need to carry your Infosys H1B Approval notice and show it at the port of entry.

Yes, as your ability to remain in the U.S. is based on having a pending I-485 application, not on having a valid EAD or Advance Parole. EAD gives you the authorization to work, and a valid Advance Parole the authorization to travel outside the U.S. while the I-485 is pending.

Yes, she is able to convert to H1B as she was counted against the cap and has an approved I-140.

Generally, a visa can be used for re-entry for as long as it is valid for so this should not be an issue as long as you return prior to its expiration.

Yes, as long as the I-130 petition is filed for consular processing.

No, previous period spent in the U.S. as an LPR does not count. You will have to wait at a minimum 4 years and 9 months before being eligible for your citizenship, assuming all other requirements are met.

While on H-1B, the foreign national has authorization to work only for the H-1B sponsoring company. Kindly consult with one of our immigration attorneys as the work done for another company will be considered as unauthorized employment and can have negative implications on H-1B status.

Same answer as to your previous question: While on H-1B, the foreign national has authorization to work only for the H-1B sponsoring company. Kindly consult with an immigration attorney as the work done for another company will be considered as unauthorized employment and can have negative implications on H-1B status.

You should respond as the RFE instructs you to. The language of it is likely asking you to resubmit a properly completed form - signed and dated by your daughter, instead of the spouse.

Unfortunately, as said by USCIS in the previous years - even if due to unforeseen reasons, such as COVID-19-related travel restrictions, an absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will automatically break the continuity of residence. Hence, your parents' clock has restarted after their re-entry in March 2022, and they will need to wait at a minimum 4 years and 1 day from that point, before being eligible to apply for their citizenship.

L1B status cannot be extended past the 5-year limit. If you have the option of changing to L1A that would extend your L1 status in the U.S. for another 2 years. However, if instead you are able to change to H1B status, then the I-140 approval (if it has not been withdrawn/revoked by employer within 180 days of its approval) can be used to continue extending H1B past the 6-year mark.

An I-140 generally cannot be revoked by the employer if it has been approved for over 180 days, but they can withdraw it at any time. However, in cases where the I-140 has been approved for over 180 days, and later withdrawn by the employer, you will still be able to retain that priority date and use the I-140 approval for future H1B extensions.

Generally, there are no means of expediting an immigrant visa in a case like this. If you are already married and your spouse is abroad, you are able to file the I-130 petition for consular processing, and then after its approval go forward with the consular process. This can likely take about 2 years. In addition, simultaneously with the I-130, you have the option of filing for K3. However, processing times are about the same but often individuals file for both, just in case one is adjudicated faster than the other. If you are not married yet, fiancé petition is an option, but that process also can take a long time. Or, if your soon to be wife is here in the U.S. there are other avenues available. You should discuss your situation with one of our attorneys to understand best way forward.

Husband would not be filing the H4 in this case. She would apply for it at the consulate, based on his H1B approval. As for him keeping the child away from the mother, she should consult a family attorney to discuss her situation.