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Everything posted by redgreenbluee

  1. redgreenbluee

    very complex case??

    please consult a lawyer. you need to check cap-gap rules in terms of your timeline. cap-gap will allow you to extend your stay until start date 10/1, under some circumstances, it will also extend your OPT work authorization. for more details, you should consult your school DSO.
  2. please consult a lawyer. your employer might not be familiar about H1 and wanted you to find an immigration lawyer to help prepare the H1 application, search for one and ask the immigration lawyer to talk to your employer for the application details. you are only helping your employer to find an immigration lawyer and you will not be involved further.
  3. redgreenbluee

    I-94 expired on passport but valid on I-797

    please consult a lawyer. your lawyer is correct, dates on I-94 are important and dictates your legal status of stay. you can try and correct your situation by doing a nunc pro tunc request. waiting further does not help your case, consult an immigration lawyer.
  4. please consult a lawyer. PD needs to be current before I-485 can be approved, so your spouse needs to wait if not approved before the projected retrogression. with pending I-485, her stay in US is legal (AOS pending) while waiting for I-485 decision. if she has I-765 EAD, she is authorized to work with any employer as well.
  5. redgreenbluee

    H4 to H1

    please consult a lawyer. no, you are cap-exempt since you were counted for H1 before, but your total available/remaining H1 time is 6 years less all the previous time you were in H1.
  6. please consult a lawyer. in your case, no, the size of 30 employees should not matter on your H1 application.
  7. redgreenbluee

    H1B to Greencard for myself and my spouse

    please consult a lawyer. yes, your spouse can apply GC as your dependent applicant. no, your spouse cannot get H1 extension without her own petition. you on the other hand will be eligible for H1 extension. she will need to change status to H4 after her H1 expires. if your PD becomes current any time between now and 9/2013 (her H1 expiration), both of you can apply I-485/765/131, with I-765 EAD card, she will be authorized to work.
  8. redgreenbluee

    H1B -- beyond 6 yrs

    please consult a lawyer. yes, you will be eligible to apply H1 extension beyond 6 years once your LC is pending for at least 365 days. an individual is also available to apply for H1 extension beyond 6 years if he/she has an approved I-140.
  9. please consult a lawyer. your PD needs to be current both when you applied I-485 and when your case is being processed for approval (this is when visa number is assigned). so with the projected retrogression, you will need to wait for your PD to be current again if your case is not approved before the projected retrogression.
  10. redgreenbluee

    Including dependant child to 485 process

    please consult a lawyer. you will need to maintain your H1 status so that your youngest can have H4 status. since your youngest doesn't have a pending I-485, she will need H4 to stay in status. you can only apply I-485 for your youngest daughter if your PD is current.
  11. redgreenbluee

    H1B visa to Green Card

    please consult a lawyer. yes, it is possible to study while on H1, you will need to satisfy H1 terms to maintain status. yes, it is possible to port PD with an approved I-140. if you have not applied I-485 yet, you will need to start GC from scratch (LC PERM and I-140). if you applied I-485 already, research AC21.
  12. redgreenbluee

    GC For Parents !

    please consult a lawyer. yes, that is true. parents, spouse, and children of US citizen are considered immediate relative and immigrant visa is available. the only wait is the actual processing time which can take up to 4-8 months (what you stated) or sometimes longer depending if there was some missing documents that may cause delay.
  13. please consult a lawyer. no, you cannot bring your dependents (spouse and children) on H4 because you are no longer H1, your H1 is not valid any more after your I-485 GC was approved. you need to initiate follow to join for your dependents for them to get their GC and join you in US.
  14. redgreenbluee

    3 year H1B extension based on approved I140

    please consult a lawyer. with an approved I-140, you are eligible to apply H1 extension beyond 6 years even from a different employer.
  15. redgreenbluee

    Timelines for new H1 from now until October 2012

    please consult a lawyer. the current process is straightforward, uscis starts accepting h1 application (subject to cap) on 4/1/2012 with earliest start date of 10/1/2012 for fiscal year 2013. approved petitions can come to US as early as 10 days before start date (h1 visa stamp is required). you still need to wait for 10/1 (or 10 days earlier) when you applied on 4/1 with PP.
  16. please consult a lawyer. your PERM needs to be at least 365 days old (pending or approved) before you are eligible to apply H1 extension beyond 6 years. approved PERM is only valid for 180 days so you will need to file I-140 (and get it approved) to apply H1 extension if your PERM is approved soon. your new employer B can file PERM any time even if you haven't joined them yet. it is still possible to complete I-140 in less than 1 year, apply PERM (2-8 months) and I-140 PP. with approved I-140, you are eligible for H1 extension beyond 6 years. if for some reason your PERM goes to audit, you will need to leave the US because you are not eligible to apply H1 extension until your PERM PD is at least 365 days old. once you are married, your spouse can get H4. her H4 is only valid as long as your H1 is valid. you can use valid (unexpired) H1 visa together with a valid H1 approval notice to enter the US even if H1 visa and approval notice are not from the same employer.
  17. please consult a lawyer. yes, you can use your approved EB3 I-140 for H1 extension even if you use it to port PD (EB3 I-140 remains valid).
  18. redgreenbluee

    RFE and Response Time

    please consult a lawyer. you will need to respond to RFE based on the given allotted time, this deadline will be stated in the letter. once you submit the RFE required documents, your processing will resume and PD need to remain current before your application is approved. if for some reason that dates are retrogressed, you will need to wait for PD to be current again.
  19. please consult a lawyer. H1 is dual intent visa, so whether you applied single or married, this should not affect your chances. after marriage, you spouse will need to petition your GC and probably easier in the US. you will have to wait for your PD to be current before you can apply AOS in the US or CP in india. you will need to maintain your own NIV status (ie H1) while waiting for your PD to be current in the US.
  20. please consult a lawyer. EB category is based on job requirements and not your credentials only. for EB2 to be considered, the job position would require MS degree or BS degree plus 5 years of progressive experience.
  21. redgreenbluee

    H1b stamp from old employer and going out of US

    please consult a lawyer, yes, you can use your valid (not expired) h1 visa from your previous employer together with your recent h1 approval notice from your current employer to enter the US.
  22. please consult a lawyer. if you have a pending I-485, you can stay in the US while waiting for a decision (AOS pending status). I-485 approval is subject to eligibility of criteria, for example if your I-485 is an employment based I-140, you will need a future permanent position once your I-485 is approved based on the terms of I-140.
  23. please consult a lawyer. yes, you (H1) and your spouse (F1 OPT) can apply I-485 once your PD is current. H1/H4 and GC is separate application, your spouse can change to H4 as long as she is in status (F1 still valid). if your spouse opted not to apply for H4, she is still legally to stay in the US with pending I-485 (AOS pending). she remains F1 until COS to H4 is approved, once H4 is approved, her F1 OPT is not valid anymore and she will need a different work authorization to continue working (if applicable).
  24. redgreenbluee

    H1b Extension - Important Aspects

    please consult a lawyer. to clarify: H1 gives a beneficiary authorization to work with sponsoring employer, the total H1 time a beneficiary can get is 6 years which can be extended if GC process is involved. H1 extension means that an individual is currently working in the US on H1 and would like to extend his/her work authorization. if you are outside the US, H1 time is not counted, and status only counts when you are physically in the US. it means that once your H1 approval expires while outside the US, you can simply apply H1 again but the H1 is still part of the 6 year time limit of your current H1. of course every time you apply for H1 (whether new or extension), uscis will check your eligibility and all the supported documents submitted with the application.
  25. redgreenbluee

    H1 Ext Denied-- please reply ASAP

    please consult a lawyer. the 180 days is a safety need when you are applying for I-485, meaning you can be out of status for less than 180 days and you can still apply I-485 AOS - you would probably want to apply for GC in the future. it is possible that your underlying H1 petition got approved but your extension of stay did not, you will receive approval notice I-797 without I-94 and you will need to leave the US and get a new visa stamp (if applicable) and return to US before you can start/continue employment. you will need to go back to your home country to apply new visa stamp since you are already out of status.