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Everything posted by pontevecchio

  1. pontevecchio

    H1b Cap Gap and employee termination

    1. No. 2. The pending application will be moot if they let her go. 3. No grounds to sue. 4. She needs to leave.
  2. pontevecchio

    Working Full-time on EAD, Can I be a Part-time Realtor

    1. EAD is unrestricted work Authorization. Look up state law on licensing requirements if any for realtors. 2. No 3. No
  3. pontevecchio

    AOS based on approved I-140 from prior employer

    Your only way is for A to agree to you coming to work for them for the relevant job.
  4. pontevecchio

    H1 to H4 COS while I140 pending

    1. Yes. No connection. 2. Yes if you will get a H4 visa to return/.
  5. pontevecchio

    H1 B Transfer

  6. pontevecchio

    H1B - Canada PR

    No. She cannot. First become Canadian Citizens and then travel to the USA is easy.
  7. How many years have you been in L1 status?
  8. pontevecchio

    Overstay by 1 day of I-94 / visitor visa B2

    The law provides for them to be able to reapply for the said visa and they should reapply if they want to visit. Their visa is cancelled and they will not be let on a plane to the USA. VO's should gather no "entertainment" value from applications and words like drivel etc. should not be used to describe questions asked in this public forum. One can deliver the basic facts without being obnoxious .
  9. Only if you intend to join the first employer and that job is available to you and the PD is current..
  10. Thats not true. Even if the OP had a stamp showing any employer, he could use that to come back. If the petition from B is approved, what is the problem with getting a visa based on that?
  11. Yes. You can. PD retention of a previously approved I-140 has always been allowed by the statute.
  12. pontevecchio

    GC for Mother -Travel to India

    If you are an USC, file her papers for consular processing. Once she has the GC within the year, she is able to travel for a few months every year.
  13. pontevecchio

    Porting EB2-NIW priority date for EB1B

    Yes. You can. I suggest that you let a lawyer do the paperwork and claim the EB2 PD towards the EB1 petition approval. In fact I would hurry this along and be very proactive in the matter. Time is of the essence.
  14. pontevecchio

    H1B - Cap Exempt after 6 Years tenure

    There has never been any regulation that the H1 petition had to be approved in the last 6 years. The law lays down 2 possibilities for a person who has been cap counted and worked for say 2 years in H1 status . If he leaves the country, he can claim the Remainder Option of his H1 not subject to cap or he can subject himself to the lottery and if successful, he is then eligible for a full total of 6 years non cap.
  15. Can you get a close family member to act as co-sponsor? for the fiance visa.
  16. pontevecchio

    H1b extension (i.e., i797) and H4 restamping from homeland

    You can apply for and get a H4 visa based on your spouses H1 extension till 2020. There is nothing called a H4 petition. It is not necessary for your spouse to have a H1 visa stamp in order for you to get the H4 visa stamp.
  17. Maybe re frame your post to provide pertinent information. It is a bit confusing as it stands.
  18. pontevecchio

    H1B - Cap Exempt after 6 Years tenure

    6 years minus existing time in H1 status in the USA.
  19. pontevecchio

    U-Visa Application

    Is there any reason why you are not trusting your lawyer to answer these questions? Most lawyers let alone a forum would have to look up the answers .
  20. pontevecchio

    I94 extension after passport renewal

    Either file a H4 extension or get a letter from your lawyer about the matter and go to the Tijuana border with Mexico and make an Uturn and ask CBP to give you a new I94 based on the approved H1 petition of your spouse. AVR is not a compulsory imposition and can be declined if the needs arise. The fee for a new I94 is 12 USD.
  21. pontevecchio

    Police clearance Certificate

    For CP, you need the police certificate from the RCMP.
  22. pontevecchio

    N400 Application- School information

    No harm mentioning it and stating Online and giving the Office Address.
  23. pontevecchio

    Can a state recognize out-of-state marriage?

    You should discuss the matter with the firm of Murthy or any of your choice. How do you think they are going to know? As a GC holder, you can stay in any state.
  24. pontevecchio

    E3 visa renewal

    You have work authorization till 2020. The visa is not relevant to your DL. The I94 is relevant. If the front line genius at the DMV is mistaken, ask for a supervisor. Ask your company to have the lawyer file extensions for the kids and also ask the company to help with the DL issue.