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Everything posted by pontevecchio

  1. Is the job for which the H1 petition was filed still available to you?
  2. You cannot file for AOS unless your dates are current and first the I-140 has to be approved.
  3. H4 is a status and not an approvable petition. She would do well to discuss this with a lawyer and maybe leave and return with a H1 visa. Why are you even thinking of a H4 visa ? Is it a DCC ? Based on your facts she is in H4 status now.
  4. This should not be a factor in their decision.
  5. When does his current H1 petition end?
  6. What is your nationality? You are no longer in H1 status once you leave. You can take as much" leave" as you want. Practically you will no longer be an employee when you leave. At any point of time the employer wants to let you come back he will file a non cap h1 petition for you and you can come over on the visa on approval. You will need a tourist visa for short trips to this country?
  7. 1. https://www.uscis.gov/i-539 Approval depends on your valid H1 status while applying and the spouses valid L1 status throughout. 2. You are changing status from H1 to L2. Both allow for Immigrant intent.
  8. Consider posting this scenario in the "Topic of the week" section. If you have already opted for CP then it should not take too long in any case.
  9. You should seek guidance from your DSO. For example a well known Institute has this to say " Post-Completion OPT is Approved If your post-completion OPT has been approved (EAD card has been issued by USCIS) and you have a job or a job offer, you may leave and re-enter the U.S. in order to begin or resume employment. After USCIS has issued an EAD card for post-completion OPT, in order to have the best chance of re-entering the U.S. without problems, you should be sure you have the following documents: Passport (valid for six months after you plan to re-enter the U.S.) Valid F-1 visa stamp in your passport (this requirement does not apply to Canadian citizens) I-20 (with a valid travel signature no older than six months*) EAD card Evidence that you already have a job in the U.S. or that you have a job offer. If you need to apply for a new F-1 visa, you should also be sure to have your EAD card and evidence that you already have a job in the U.S. or that you have a job offer in addition to the usual documents required for a visa application. * Regulations state that during post-completion OPT, the travel signature should be no older than six months. The International Center recommends while on post-completion OPT that you get a valid travel signature every six months. Source: 8CFR214.2(f)(13)(ii) Summary of Guidance Students who have an EAD card for post-completion OPT and evidence of either a job or a job offer are allowed to leave and re-enter the U.S. during their OPT period. Of course, re-entry to the U.S. is never guaranteed. Students whose EAD card has not yet been issued (OPT application has not yet been approved by USCIS) are allowed to re-enter the U.S. to resume the search for employment. While your OPT application is pending, you are not required to have a job or a job offer for re-entry to the U.S. If a student who has an EAD card but does not have a job or a job offer leaves the US during the post-completion OPT period, OPT ends. Border officials might not allow someone in this situation to re-enter the U.S. Thus, students who do not have a U.S. job or a U.S. job offer but who plan to leave and re-enter the U.S. after their EAD card has been issued (their OPT has been approved by USCIS) are taking a risk.""
  10. Yes. You can do it at the border.
  11. The question is whether A will keep your future job if you leave now?
  12. I am sorry to hear that. You will need to find a sponsor to file a cap subject H1 petition next April.
  13. Based on the approved I-140, you are eligible for H1 extensions for any job you are qualified for.
  14. Your H1 petition I94 will be controlling.
  15. The AP document lets you be paroled in by the orders of the AG. Why would Immigration be easier than getting a H1 visa?
  16. You can both stay once your AOS is on file and you have the receipt.
  17. This is a clear case of conflict of interest. You may like to file an ethics complaint later on after your immediate issue is sorted. Are you sure you are not dealing with a paralegal? Get yourself an Immigration Lawyer, maybe the firm of Murthy to represent and guide you. The "10,000 USD ride home" does cost one at least that much. What state are you based in?
  18. https://www.netherlandsandyou.nl/travel-and-residence/visas-for-the-netherlands/airport-transit-visa
  19. https://www.uscis.gov/i-485 You do not have to use the company lawyer.
  20. What is the pedigree of this college? If it is a public university or a well known one, consider leaving and returning with the F1 visa at the appropriate time.
  21. I am told Australia is keenly looking for nurses in case it helps.
  22. You should consider consular processing.
  23. I presume your passport expired and you renewed it? You cannot guide the employer. His lawyer needs to guide him.
  24. It is up to Canadian law. Unlikely that you will be hauled up. Run this by your employers lawyer if you want.