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Everything posted by redgreenbluee

  1. please consult a lawyer. After marriage, you have to petition (i-130) your husband. as a GC holder, the current processing time is approx 2 years.
  2. redgreenbluee

    H1b petition expiry, visa expiry, I94 dates do not match

    please consult a lawyer. these are the dates you need to consider: - the H1 visa attached in your passport is your document to enter the US, if your visa is expired (1/14/2015), you cannot enter the US with it and you need to renew it first. - the I-797 H1 approval is your document that proves your eligibility to work for your petitioner (and stay in the US), so as long as you are already in the US before 1/14/2015, you are legally allowed to work and stay until 8/30/2015. - the I-94 dates coincides with your H1 approval validity (8/30/2015), it means you are allowed to stay in the US until the date specified unless you applied some kind of extension. if I-94 date is earlier than your H1 validity, you will need to leave the country (on or before I-94 expiration) and return to get a new I-94. - you should renew your H1 before expiration (in your case 8/30/2015).
  3. redgreenbluee

    Perm Labor

    please consult a lawyer. approved perm LC is valid for 180 days. apply I-140 within 180 days (before LC expiration).
  4. please consult a lawyer. apply for I-131 re-entry permit.
  5. please consult a lawyer. it should not be an issue, as long as you have sufficient documentations to prove her different names.
  6. please consult a lawyer. assuming you have a valid H1, your H1 remains valid if you apply for I-485, so your wife remains eligible for H4. you invalidate your H1 if you use EAD as work authorization or your H1 expires.
  7. please consult a lawyer. no, if you apply change of status from L1 to H1 and got your approval, you are no longer on L1 and not eligible to work for company A. you will need to work for company XYZ under H1. you continue to be on L1 while H1 application is pending.
  8. please consult a lawyer. an individual needs an approved I-140 (or pending LC for at least 365 days) to file H1 extension beyond 6 years. in your case, you can do it, but in your spouse's case, spouse cannot do it. your spouse will be a dependent in your GC application.
  9. redgreenbluee

    Question on USA citizenship eligibility

    please consult a lawyer. you can apply 90 days (or less) earlier than your 5 year GC anniversary if you satisfy all the other criteria. consult M476 http://www.uscis.gov/sites/default/files/files/article/M-476.pdf for eligibility. in general, it is not your fault your GC employer (company B) did not have a project for you, you need to be honest on your application. M476 guide and/or a quick immigration lawyer consultation like murthy should help you understand the process better.
  10. please consult a lawyer. legally, if a GC holder is outside the country for more than a year without re-entry permit, his/her GC is considered abandoned. you will need to consult a lawyer regarding your father's situation. the alternative you can do is accept that his GC is abandoned and just re-apply for his GC, either through you (as a children), or through your mother (as a spouse) of a US citizen.
  11. redgreenbluee

    Married to a US citizen

    please consult a lawyer. you will need to apply as soon as possible, there is no guarantee on processing time, some EAD/AP application gets approved within 90 days, some goes beyond. best way is to apply as early as possible in your case.
  12. please consult a lawyer. there are some fees that the employer cannot ask the employee (or beneficiary) to pay like LC process, but for others, it is based on what both parties had agreed upon, if you sign such agreement, employer may forced you to pay the amount. it is best to consult a law firm such as murthy.
  13. redgreenbluee

    Am i Eligible for Citizenship

    please consult a lawyer. if you are out for more than 180 days in the past 5 years, you did not satisfy the continuous residence requirement (some exception applies like N-470).
  14. please consult a lawyer. yes, it is possible to have multiple GC applications. if you have a pending LC for at least 365 days, you are eligible for H1 extension beyond the initial 6 years.
  15. please consult a lawyer. yes, the alternate document is to get an affidavit letter from at least two of your co-workers as a substitute.
  16. please consult a lawyer. approved LC PERM are valid 180 days for I-140 filing. only approved I-140 PD can be ported. 365 days old PERM (approved unexpired or pending) can be used to apply H1 extension beyond 6 years. expired PERM cannot be used. approved I-140 can also be used for H1 extension beyond 6 years.
  17. redgreenbluee

    Change of status in the US...

    please consult a lawyer. no, you will need to maintain your own legal status until your PD is current. if you have a pending I-485, you can stay and wait until your GC is approved. your PD need to be current to apply I-485.
  18. redgreenbluee

    H1 approved, Change of status denied

    please consult a lawyer. it means that your underlying H1 petition was approved but your change of status to H1 was not. so for you to work on H1, you need to leave the country, apply for H1 visa stamp, and return to US to start working on H1. in the meantime, if you have any valid status on your stay (ie you are on F1), you can continue with it and complete your program. you will not be able to work on H1 after you graduate unless leave, get visa stamp, and return as described above.
  19. redgreenbluee

    Confused about 7th year extension

    please consult a lawyer. you need to leave the country after you used all your 6 years time in H1, if you had taken vacations outside the country during your 6 years time, you can re-capture those dates. you are eligible to file H1 extension beyond the 6 year limit if you have one of the following: (1) PERM that is at least 365 days old (approved PERM expires after 180 days of approval for I-140 filing) or (2) approved I-140, you can use PP to expedite the processing time on I-140. in your case, you can apply H1 extension (not subject to cap since it is an extension from your existing H1) if you satisfy the above condition regardless if you are physically present or not, this means that if you left the country in september and your I-140 got approved in november, you can apply H1 extension and return to US after you got H1 extension approved and H1 visa (no need if you have a current active one - not expired). if your PERM got audited, you will likely pass the PERM with at least 365 days old and you can apply H1 extension in 4/2014. on the other hand, if you stay outside the country for at least one year, you are eligible to apply for a new H1 subject to cap and get a fresh 6 years time with your new H1.
  20. please consult a lawyer. GC is for future employment so it is fine to make less salary than the prev wage. during I-140, uscis will check your employer's ability to pay, if they have profit that is enough to cover the difference (current salary and prev wage), your petition can be approved depending on other factors like your credentials, etc. your current salary is used in determining your employer's ability to pay. your other questions have similar answers stated above.
  21. redgreenbluee

    182 days stay on B2 Visa

    please consult a lawyer. as long as she leaves on or before 9/24, she won't have a problem. also, don't return too soon like a month later.
  22. redgreenbluee

    Info needed on my currect I-140 approval

    please consult a lawyer. no because 9/2008 LC application was never approved. also, u can only port approved I-140 PD.
  23. redgreenbluee

    Multiple GC.

    please consult a lawyer. as omshiv said, apply GC thru your USC wife and forget about employment based GC thru your employer. to answer your question, your employer will not know you applied family based GC unless you informed them.
  24. redgreenbluee

    485 check cashed for anyone who filed in August 2013?

    please consult a lawyer. yes, if you attached G-1145 with your application, you will get a notification.
  25. redgreenbluee

    I-140 RFE - ability to pay - new employer

    please consult a lawyer. it is best to respond with the requested document and on-time, you can file an appeal if you experienced problem with your RFE response.