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  5. Hello, I moved out of the US 9 years back and had an approved 140 at that time. Should I explore opportunities in the US again, I am keen to understand a couple of things: Will I fall under the cap for H1B? Based on what I am reading online, I am of the belief that I would not Should I apply for green card sometime in the future, and say the priority date has passed, will I still be able to use the date (and not wait) or is the expectation that the filing has to be done as and when it is current? I am aware that I will have to go through the process starting from labor again I would really appreciate your inputs on the above. Thanks!
  6. Hello, I have applied H1B transfer for 2 months ago and awaiting for the status. Is there any time limit to stay in USA like H1B extension (180 days) without knowing status. Regards, Yknev
  7. I got initial H1b from 2017 October to 2020 October . I moved to new project after 5 months , my employer filed amendment on new project and got approved till December 2018. in November I moved to different project , This time my employer filed amendment with extension, unfortunately this time it’s denied Do I have status to stay in USA? My employer is filling amendment with same client now based on initial H1b . And he is saying I can work after the case reaches to uscis .. is that valid statement ? what are all my options now ?
  8. newacct

    Form i 539, Part 4. Questions 3 and 4.

    3. no 4. yes No, it would not affect H4
  9. I have been waiting for 400 days till now MTR status remains same
  10. GCoder

    H1B Work from Home/ Home address on LCA

    Check with an independent attorney. However, There is nothing much you can do here. Your employer/client dictates your work location since they are the petitioners. The only other option is to change employer
  11. Noah Lott

    selected B1/B2 instead B2 usa

    won't matter.
  12. there is no way to guarantee visa issuance to anyone....now they have 3 denials within less than 6 months....a more desperate couple is hard to envision....changing consulates only reinforces the CO's belief that they are desperate to go to the US, no doubt to provide child care......but no one, including me ( a retired CO) has the 'magic answers' or formula that would guarantee that someone would get a tourist visa...
  13. Noah Lott

    Student visa denial case

    a boyfriend is not a martial status...to be sure, there are lots of no-longer-single Russian female students in America, as virtually all of them amazingly found USC husbands within three months of their arrival in the US...out of 1000 such 'students'. how many would you guess returned to Russia following the completion of their studies? The answer is between 1 and 6.....
  14. JoeF

    Form i 539, Part 4. Questions 3 and 4.

    You have to answer with Yes. A lie would have had consequences. The H4 allows immigration intent, so there is no issue.
  15. JoeF

    H4 and H4 EAD apply together by myself

    Yes you can. Form I-539 for the H4 and I-765 for the EAD. All forms and instructions are available from the USCIS website.
  16. JoeF

    N-400 - Selective Service question

    If he overstayed he was not a lawful nonimmigrant, so he was required to register with Selective Services. He has to answer the question with a Yes.
  17. First, there is no sponsorship for visitor visas. The only thing there is who pays for the trip, but that's not sponsorship. Second, the important thing is that the applicant can convince the officer that he/she will return to their home country. Third, applying and reapplying within a few months shows some kind of urgency. Is there a pregnancy involved? Fourth, visa issuance is never guaranteed. Unless things have changed significantly the denials will continue and they are just wasting their time and money.
  18. JoeF

    selected B1/B2 instead B2 usa

    The visitor visa is always issued as B1/B2. So, there is no issue.
  19. You know that you can use a search engine and find out what 22CFR41.122 means. It is the law section about visa revocation. The particular section would likely be 22CFR41.122(e)(3)/(4) "(3) The alien is notified pursuant to INA 235 by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States, and the alien requests and is granted permission to withdraw the application for admission; (4) A final order of deportation or removal or a final order granting voluntary departure with an alternate order of deportation or removal is entered against the alien"
  20. pontevecchio

    Upgrade I140 from EB2 to EB1

    You cannot upgrade an I-140 in this way. What you can do is to retain the PD of the EB2 filing in case the company wants to file an EB1C petition for you. Merely entering in L1A status does not guarantee that the person will necessarily be able to qualify for an EB1 GC.
  21. Form i 539, Part 4. Questions 3 and 4. I'm applying for H4 extension based on my spouse's approved H1B. What do I answer to both 3 and 4 ? Are you, or any other person included on the application, an applicant for an immigrant visa? Yes No Has an immigrant petition EVER been filed for you or for any other person included in this application? Yes No My brother who is a US citizen has filed i-130 (Petition for alien relative) for me and the petition is pending with USCISWould answering 'yes', negatively impact my chances of getting H4 extension?
  22. HI , Can i apply H4 extension for my family and H4 EAD extension together by myself. If yes, than what all documents required for this. Thanks RK
  23. Hi We(me & my family) have a visa stamping from my Employer A till Oct 2020. I have changed my employer and joined employer B . I got my H1B approval till May 2022 but i didn't file my family H4(I-539/ I-797C) as they have valid I-94 till Oct 2020. I am eligible for Drop box from Delhi India but my family doesn't have their H4 extension paper. Will they be eligible for Drop box ? if yes than will they be able to submit there passport with my I-797A approval notice? Or they need their own I-797C for this? Please help. Thanks RK
  24. Can someone confirm if this is still true - that a green card holder only needs the "green card" and does not need a passport to drive into Canada and drive back into the USA? I am an Indian national with a green card here in the US. My Indian passport has expired and have not renewed it yet. I am looking to drive into Canada and back for a two day trip to Toronto. Any one with recent experience driving into Canada and back, please advise. Thank you in advance
  25. 1.I am currently staying in USA in L1A visa (Stayed outside as Manager and entered US in AUG 2018 and Visa expiring on May 2010) , BUT due to recent change of companies policy , they may not file in EB1 for Managers & need to be as SMetc & above outside US and so they might file only in EB2 I do got Canada PR last August 2018 and still trying US green card options Please confirm if its worth to file EB2 and then go back to Canada after 1 year to retain PR validity , i.e, any benefits for having I140 and go OR better to go now rather waiting for I140 as not sure how long they might file PERM and I140 , any suggestions would be great help.. 2.Also If we become canada citizens and any possibilities for getting US greencard , pls suggest in details ..Thank you
  26. Attorney_22

    Marriage and U.S. Immigration

    This week, Murthy Law Firm attorneys will answer questions regarding marriage and U.S. immigration, such as immediate relative petitions, fiancée visas, and family-based preference petitions. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.
  27. xTDx

    Second Inspection

    Probably CBP officer overlooked it. You may be subject to secondary inspection next time you enter US or may be not depending upon the officer.
  28. vishal00

    H1b Stamping in Canada

    Hi _ I have COPR and if I land in Canada before October 1, 2019, I will be Canadian Permanent resident. I am trying to book H1b stamping dates in Canada and there are no available till March 2020. There's a question while booking the slot "Are you traveling from another country to apply for a U.S. visa in Canada? " Can I select 'No' as I will be Canadian resident once I land in Canada? this way I see more dates are available for H1 stamping.
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