Attorney_22

I cannot speak to the tax implications, but this situation should not be an issue for the filing of a new H1B petition for consular processing.

It is probably in your best interest to schedule a consult with one of our attorneys that handle criminal matters in an immigration context. Once the call is scheduled, be sure to send the case documents to the attorney prior to the call for their review.

Perhaps it was not received by USCIS within the thirty days? Nonetheless, in this situation refiling with the fees for the current filing timeline will probably be faster and cheaper than trying to fight the prior decision.

No, the fees are not going up that much, but they are increasing across many filing types. You can find the real information at the USCIS website: G-1055, Fee Schedule (uscis.gov)

It is not necessary to change her name, but it is true there are character limitations on visas and many U.S. government documents and forms.

It depends why it was denied, but generally, an H4 applicant can apply directly at the consulate for an H4 visa if the principal is maintaining H1B status.

Sometimes an I-130 can be an issue for an F-1. You need to be able to convince the consular officer that while there may be future immigrant intent, your current intent is as a nonimmigrant for the purpose of education. General processing times for an I-130 is roughly nine to fourteen months, but since this is in the F2A category and the dates are not current, it may take longer and then you still have the NVC/CP process if you are outside the U.S. Travel to another country while the I-130 is in process will not affect the I-130.

Is that all the RFE says? You may want to speak to a US immigration attorney to prepare the response, but in regards to the mark sheets- they may have confused USCIS since they are not relevant to the request of an H4EAD.

The F1 OPT programs allows for a certain period of unemployment prior to being considered in violation of that program. You should speak with your DSO regarding the acceptable periods and finding new employment that will qualify for the STEM program.

If you have time to obtain the new passport prior to the visa application at the consulate, it is generally recommended to do so. While not specifically required, it may make many aspects of the process easier.

Your PERM is tied to a specific position, if your position changes (materially) and you intend to be in that new position when you get the green card, then a new PERM needs to be filed. However, at the I-140 stage you will be able to retain the earlier priority date from your initial I-140.

To be eligible for a new allotment of six years of H1B time, you must have been outside the U.S. for one full year prior to making the request (filing the new H1B petition).

It seems you are looking for specific legal advice and would like to discuss various options that you may be able to utilize, but it will depend on more facts of your situation. For such personally tailored advice it is best you call our office and speak to one of our H1B attorneys so they can help guide you.

Unfortunately, there is no standard wait time between when the NV completes their review and the interview at the consulate. At that point in the process, everything depends on consulate interview availability. Moreover, each consulate is different.

There are ways to deal with this issue, and it is quite common. However, the best approach will depend on the document and what is accurate. If your father has a birth certificate, which he may not, start there. If it is a minor difference, affidavits can often help. If it is wholly a different name, you may need to consider options to get that corrected.

Hindsight is 20/20, but for anyone else reading this, word to the wise- do not miss the interview dates in Mumbai. It was tough to reschedule prior to the change to usvisascheduling, now it is a Herculean task. I highly recommend you reach out to murthyindia.com to assist you with this process. Options you can try yourself, is calling the consulate, emailing and trying to create a new application. However, murthyindia.com may be able to better guide you.

Your understanding is correct (until your priority date is current). Generally, your situation would also allow you to use the dropbox as the rules are currently.

You are correct, that you will not have work authorization when you enter the U.S. on H4 status (without the H4EAD). However, when to inform your employer of your resignation is your decision. You just cannot work when you enter the U.S.

When determining eligibility requirements for naturalization, you will be looking back in time from when you plan to file the Naturalization application. For instance, if filing now, look back from February 21, 2024, for residence, and half that time for physical presence. Based on the facts you presented above, you typically would only need to wait four years and one day from when you returned to the U.S. in 2014.

Generally, as long as the I-140 was approved for 180 days and your priority date is not yet current- you can use the I-140 as a basis for H1B time beyond the normal six-year limitation. You may also have some time left on your initial six years.

Just be truthful and explain what you wrote above. The IR green card process is likely to take more than a year.

You must answer all questions on the DS160 truthfully. Nonetheless, marriage to a U.S. citizen does not affect eligibility for an H1B visa.

You should be able to use cross chargeability to your spouse's country of birth, but you and your spouse need to pursue the same process (adjustment of status or consular processing).

She should be eligible to obtain an H4 visa that matches your most recent H1B approval.

Yes, you can apply for an AP extension prior to the expiration or after. It does not matter how recently the applicant entered the U.S. with the last AP document.