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Everything posted by pontevecchio

  1. H4 being a mere status, she can certainly leave and return with a H4 visa.
  2. If the I-140 is approved, you are eligible for further H1 extensions.
  3. You may have asked the wrong questions. The agent was incorrect if he meant that "AUTOMATIC VISA REVALIDATION" was compulsory. It is not. You can ask for and get a new I94 should you want. Which specific border crossing are you talking about? Make sure to run this by your employer/Lawyer as they may have different ideas to sort this problem out including filing another H1 petition.
  4. Old and new passports should be fine.
  5. Your visa will depend on the integrity of your H1 status. Your spouses presence is immaterial.
  6. Her application for extending her status is nullified by leaving as there is no status to extend. Have her return after one full year back home. Scrutiny is at an all time high and she risks getting sent back or being given a one month I94 with NO EOS/COS notation if she comes back in one month.
  7. https://www.canada.ca/en/services/immigration-citizenship.html
  8. You will have a total of 5 more years in H1 status with no period more than 3 years at a time.
  9. Your best bet is to cover your bases by discussing this with the firm of Murthy or any of your choice. Of course a reentry permit lets you return.
  10. 1. Revocation of the I-140 does not affect you in terms of H1 extensions as per recent law. H1 revocation is MANDATORY by law and again does not affect you. You retain the PD in any case and THIS HAS ALWAYS BEEN TRUE in the absence of fraud. If your new employer files and gets your H1 approved in PP, you can join him. In fact you can join even on receipt assuming you are confident in your abilities. Your current employer has no say. Go for it. Spend some money on a lawyer to get appropriate professional guidance.
  11. No impact on the GC petition. You can certainly enter on AP or L1. Your company should have input in to the matter.
  12. It is in your interest to have your MIL become a citizen as you are then off the hook.
  13. It would seem the current PERM cannot go ahead. You could leave for an year and try a cap subject H1 in 2019 while trying to get PERM etc. done.
  14. L1 visa is irrelevant being an entry document. Your employer will need to file a L1 petition extension.
  15. Go and get your visa and come back to your employer. Then you are able to change in future subject to your contractual obligations. It has also been said that getting the visa renders you cap counted and able to change employers. Be very careful of small bit operations.
  16. Unless you work for the initial H1 sponsor initially , you are not considered cap counted and hence cannot transfer. Go and apply for the H1 visa. If denied return on L1 to join A. Unless you think the H1 sponsor is dubious, why would you think that the visa is a problem. I hope you are not out of pocket in the whole matter.
  17. Talk to a good lawyer to discuss the situation vis a vis legality of their usual decision to issue I94 till passport expiry and not the petition expiry and if not feasible a NTP .
  18. Yes. You are fine. You applied for the extension before your current extension got over.
  19. 1. No 2. It should not.
  20. As a matter of urgency consult the firm of Murthy or any of your choice about the matter.
  21. No. You are on the hook and will be until she becomes a citizen.
  22. It may be possible to apply. But this ill advised misrepresentation is going to mean difficulty in getting a visa. You may like to consult the Murthy firm in India as to further steps.
  23. No.
  24. 1. EB2 refers to job descriptions needing either a Masters alone or Bachelor's plus 5 years experience. For the appropriate job he should qualify for EB2. 2. Yes, https://www.canada.ca/en/services/immigration-citizenship.html 3. The reason is not sound. A doctorate does not always equate to EB1. Do one if interested knowing full well that it makes for long hours for a long time. Who knows what the life circumstances of your son will be once he is adult. One can only wait and watch. None can predict the future.
  25. Are you aware of https://www.uscis.gov/n-470 In any case discuss specifics with a lawyer.