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About Attorney_15

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  1. Attorney_15

    F2B visa stuck in Administrative Processing

    There are unfortunately not many good options when a case is stuck in Administrative Processing. One thing a party can try is when DNA testing can help, such as in a mother-child, relationship, one might want to consider getting DNA testing and submitting the results to the Consulate as an example of what can be shown. While it might not be sufficient by law because it is not done at the Consulate's instruction, it might help prompt the Consulate to act. One may wish to consult with an immigration lawyer for case-specific advice considering all facts.
  2. Attorney_15

    Surrogacy in India

    Generally, this can be challenging a matter. The law generally provides that a the child of a Green Card holder born abroad may be admitted to the USA as a Green Card holder if the child's first trip to the USA is with the mother's first return trip to the USA after the birth. To apply the existing law to the context of a surrogacy birth one should consult with an immigration lawyer on how such might work.
  3. When one files an I-485, the employer who filed the underlying I-140 petition will have to verify the existence of the job offered on the I-140 in the Form I-485 Supplement J. So if someone has multiple I-140 petitions that one might be able to use to file an I-485 one might benefit from speaking with an attorney to consider the different factors and any risks or issues associated with choice or another.
  4. Attorney_15

    Approved I-140 but no records found FOIA system.

    Normally when someone has an approved I-140 a person can file a FOIA request for a copy of the I-140 form with any stamps and notes on it, which should include the receipt number and an approval stamp.
  5. Attorney_15

    I-485 Rejected - PD porting didn't work

    From a review of the information provided here, it is possible USCIS thought that the I-485 was being filed based on the EB2 petition and not on the EB1 petition
  6. Attorney_15

    EB2/EB3 Eligibility

    In this fact pattern, as the job requirement is a Bachelor's degree with at least 3 years of experience, the job would not meet the definition of EB2. However, it would generally meet the definition of EB3 professional.
  7. Attorney_15

    EB2 Eligibility Question

    To qualify for EB2 based on the Bachelor's + 5 years progressive experience definition of EB2 requires showing the experience earned after completion of the foreign education that is equivalent to the US Bachelor's Degree. If the equivalent to the US Bachelor's Degree is based on the completion of the Master's degree in 2016 (in the above fact pattern), then one would have to show 5 years of progressive experience after the 2016 degree was awarded to qualify for EB2. Experience earned between the 2 degrees would not qualify the individual for EB2.
  8. Attorney_15

    L1B to L1A conversion petition approved for just 2 months!!!

    A person can generally qualify for L1A status based on having worked abroad in a specialized knowledge role or in a managerial/executive role for 1 year out of the last 3 years before entering the United States.
  9. Attorney_15

    Difference on I140 for H visa and I140 for L visa

    An I140 filed in the EB1C category (manager/executive) is an employer-specific petition.
  10. The law does not provide a method for extending L-1 status beyond the 7 year limit for L1A or the 5 year limit for L1B. One's only avenue is to leave the United States or change to another status. If one is going to change to H1B, one must have an I-140 petition approved which will provide a basis for the cap-subject H1B Petition to be approved with time past the general 6 year limit.
  11. Attorney_15

    H1B transfer

    Under the law, if Company C files an H1B Petition while this petition from Company B is still pending, then the beneficiary can work for Company C based on their petition only while Company B's petition is pending. When Company B's petition is denied, then the work authorization given by Company C's petition generally comes to an end.
  12. Attorney_15

    H4 to F1 Transfer

    One can generally file a change of status from H4 to F1. However, in light of USCIS guidance on having a valid I-94 card during this process, it may be necessary to extend one's H4 status or file B2 requests along with filing the change of status application to F1.
  13. The new employer would normally only have to file another petition if the job with them were to change.
  14. Attorney_15

    Got RFE for extension due to visa revocation

    A visa revocation by Department of State does not generally mean that a person must leave the United States. Generally responding to such an RFE requires explaining that visa revocation does not require departure from the United States and that it does not impact the person's status.
  15. USCIS sometimes accepts downgrade requests from EB2 to EB3 at the RFE stage. It is usually at the officer's discretion.