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Everything posted by pontevecchio

  1. NO. They are mutually exclusive.
  2. I-539, Application to extend status.
  3. In that case have the company Immigration lawyer delve in to this matter.
  4. The I94 expiry is NOT based on visa expiry but the H1 petition expiry. Why did she not notice at that time? She does not have to be paid while abroad though she can be paid if the employer agrees. Indian law applies to working in India and as a citizen she can work .
  5. Is the L and H employer the same? Do they have a lawyer?
  6. You should discuss your situation with a good Immigration Lawyer.
  7. Yes. Is there any specific reason why B is not expecting you to work for them now?
  8. 1. Yes. But you may or may not get an I94 depending on the credibility of B. 2. A HAS TO REVOKE the H1 when you leave. That is legally required.
  9. They have no connection.
  10. Your existing visa remains valid for use with any employer. Use your search skills for new I94 at say Tijuana.
  11. I would urge you to stay away from the forum and give the firm of Murthy or any of your choice an urgent call and set up an appointment if you have any desire to have a future in this country. There seems to have been an error by in seizing your passport after visa revocation by the Consulate. You have a chance of getting out of this situation. But be aware money and a lot may be involved to go through the whole process. Start with a good lawyer as at the very worst you need to be able to voluntarily leave instead of being deported if that is in the picture.
  12. Any employer change? Whaere is the I94 attached to the original H1 petition approval?
  13. Some jurisdictions would argue 30 miles more than the limit is as dangerous and as criminal as DUI driving. I would ask you to involve a traffic lawyer in the matter and tell him you are on H1 and go from there. It is very likely as a first offence it will be pled down to a benign offense with maybe fines and traffic school.
  14. There is a combined AP/EAD card issued nowadays. Please read https://www.uscis.gov/i-485 You apply for an EAD AND AP while filing your AOS. The H1 visa stamp HAS NOTHING to do with the situation. When does your current H1 petition expire? Secondly you can produce your AP card and be paroled in. The first time you do this you will go for routine secondary inspection before being paroled in.
  15. Once your PD is current she files for AOS.
  16. 1. Yes. Presumably her H4 extension was also filed? 2. Not if her extension is on file. Even if not 2 months makes no difference. 3. The H4 visa is a function of your H1 credibility. 4. Not because of her.
  17. "A principal applicant’s spouse and children, who are not beneficiaries of their own immigrant petition, may be eligible to apply for adjustment under the same immigrant category as the principal applicant. "
  18. Unless asked the pregnancy is a personal matter. Too much coaching may result in denial. She does not have to answer all questions the way you would if asked the same.
  19. Why do you think this happened? When was your last trip abroad?
  20. B can apply for a H1 petition WITH COS from H4 for you in PP and on approval, you can start work.
  21. Instead of making any assumptions let the firm of Murthy or any of your choice guide you about the way to go. If you return on a F1 visa and file AOS after one year, you will have no trouble in any case.
  22. Worst case a surly CBP Officer giving them a shorter length of stay. The best case and usually the story is no issue at all and a 6 month stay. They should come over under the circumstances. Which POE?
  23. They could get a Passport card for the child in addition to the passport. They could keep copies of the passport safe. This will eliminate issues in losing passports.