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Attorney_6

Attorney
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Everything posted by Attorney_6

  1. Attorney_6

    I485 question

    Newbie, Yes, the I-485 could be filed using the latest H1 I-94 and the extension receipt.
  2. Attorney_6

    H-4 EADs

    This week, the Murthy Law Firm attorneys will answer questions about the proposed regulation which would allow for certain H-4 spouses to obtain EADs. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual (including yourself).
  3. Attorney_6

    No receipt number for h4 ead

    Check to see if the filing fees have been cashed.
  4. Attorney_6

    H4 EAD - Document Was Returned To USCIS

    Yes, it looks like the EAD was approved and mailed out. But, since it is a government document, they likely did not put it in the mailbox that did not reflect the spouse's name. (I am assuming last names are different.) Follow the instructions for requesting that the card be re-sent. Otherwise, the USCIS will destroy the card after waiting for the listed time frame. Add the spouse to the mail box names.
  5. The amendment would only be for the current location. It would not be necessary to try to do anything retroactively. The amendment process is for those individuals who hold H1B status.
  6. Attorney_6

    Getting I693 completed before PD is current?

    The medical is good for a year. So, it could be done before the PD is current. But, if it is done too soon, and the case adjudication takes longer than the 1 year validity, the USCIS will issue an RFE for a new medical. Thus, depending on timing, getting the medical too early could actually delay the case.
  7. Have an attorney analyze the impact of the unauthorized work on the I-485. Whether or not it is a problem depends upon the duration of the employment and whether it happened before or after the last admission to the US prior to filing the I-485. This is always an issue when people get caught selling cigarettes/alcohol to minors. Typically, the criminal charge is small enough not to interfere with the ability to adjust status, but, there is the separate issue of the unauthorized employment. The offenders here are often in F1 status---a period in their lives where they feel like they need to make a bit of extra money, and are just young/foolish enough to not appreciate that they are risking their immigration status by engaging in that work. Don't make up stories that no one will believe---you are hardly the first person to be in this situation. I have heard all sorts of variations of these excuses...just watching the cash register while a "friend" ran an errand/went to the bathroom etc. But, then, how would one know how to run the cash register/credit card machine etc. ??? While adjustment may still be possible, depending on the factors mentioned above, people who are found to be lying in a USCIS interview are barred from all immigration benefits.
  8. Attorney_6

    H1b extension while AOS filed.

    BV, Once the I-485 is filed, the individual has a choice. If the employer is willing to do so, it is generally best to keep extending the H1. This is possible, even after the I-485 is pending--just extend as usual, as if the I-485 had not been filed. This keeps the non-immigrant status in place, just in case there is a problem with the I-485. Otherwise, people routinely request the EAD and AP with the I-485 filing. The properly filed I-485 puts the individual in a "period of authorized stay." This permits I-485 applicants to remain in the US, even if the nonimmigrant (H1) status has lapsed. Without the H1, it is necessary to have the EAD approval in order to work and the AP approval in order to travel abroad.
  9. Attorney_6

    SB-1 Visa question

    The SB-1 is for situations where it was impossible to return to the US within a year, but the person was an LPR when they left/intended to return. The airline authorities may not be willing to even let her on the plane to the U.S. This never used to be the case, but more recently I have seen/heard of it happening. If she is allowed on the plane, the matter will be handled at the POE. They may chose to parole her in to the US, but place the case before the immigration court on the issue of abandonment. While kids may not be able to make decisions/control their lives, they are bound by their parents actions/decisions in terms of LPR abandonment. So, this is a very case specific issue. A reentry permit should have been obtained before hand to avoid this situation.
  10. There must be a valid job offer from the sponsoring employer. This is normally documented by a employment verification letter.
  11. Attorney_6

    How to tell if you were picked in the lottery?

    The H1 cap filings are permitted for a minimum of the first five business days in April. When the cases received during that time period meet or exceed the "cap," there is a lottery of all cases filed in that minimum time period. This means that a case filed on April 1, 2015 had the same chance of selection as a case filed (received) on April 7, 2015. Of course, it is less stressful when the cases are sent for delivery on April 1.
  12. Attorney_6

    H1B Cap Updates

    This week, the Murthy Law Firm attorneys will answer questions about the Fiscal Year 2016 H1B cap filings. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual (including yourself).
  13. Attorney_6

    Wife's unauthorized employment

    1. The unauthorized work as a real estate agent would be forgiven under 245(k), if it is under 180 days, as mentioned. 2. The CPT may be an issue. The USCIS often denies changes of status to H1 etc. based upon an assessment that the CPT is non-compliant (even though issued by the approved school). If this happens here, the time frame would go beyond the 245(I) limit, assuming that there was no travel/reentry after the violation(s).
  14. Attorney_6

    Regarding Employment Agreement in WA State

    The costs of the H1B filing are considered to be the employer's costs, and immigration law does not allow for penalties for ending employment before the expiration of the H1 petition. Immigration law does allow genuine damages (not penalties), so the issue when ever such things arise is whether the amount of money is a penalty or not. That is why employers usually reference various other "investments" in the individual, such as recruitment and training, and not just the H1B costs. This should be reviewed by an employment law attorney in the state which governs the agreement (that is usually mentioned in the agreement). Make sure that the attorney is also familiar with the immigration restrictions on penalties.
  15. I think the confusion is about the types of proof that can be submitted to establish that the marriage is genuine (not entered into for immigration purposes.) The list provided contains examples, some of which may not apply to the particular situation. The USCIS and the consulate understand that the type of proof of the marriage varies depending upon the length of the marriage and the situation (ie spouse still abroad.) Affidavits aren't always needed, it depends on what other proof is available. So, for a new marriage, start with the proof of how the couple met. Marriage ads? Family arrangement (get affidavits) Communication between couple-- emails, phone records, Skype account etc. In person meetings travel proof/pictures Effort put into wedding -pictures -bills -invitation -religious steps prior to marriage--classes/counseling/etc. -date selection by astrological chart Honeymoon hotel/travel bills pictures together Steps taken in preparation for spouse to come to US Living arrangements--larger apartment? Adding name as occupant. And so forth....
  16. Right. Either way, they can not obtain benefits until the priority date is current.
  17. Yes, the place of birth rules for chargeability (subject to limited exceptions). This will be a significant benefit.
  18. Definitely could face problem getting on the plane. That would necessitate requesting a transportation "foil" (previously a transportation letter) from the consulate. Otherwise, could try to get a I-551, temporary evidence, stamp in the passport before departure. But, the USCIS may be unwilling to issue that stamp for a person whose GC is not yet expired.
  19. Attorney_6

    H1B Cap Updates

    If a premium receipt has not yet been issued, it is unlikely that the case was selected. The premium receipts arrive both by email and hard copy (each case should get both types of receipt notice). We started getting approvals for a small number of the premium cases on Monday, 27th.
  20. Attorney_6

    H1B Cap Updates

    Regular cap receipts come by regular mail. They go to the petitioner (employer) and the attorney. The foreign national is not an applicant in these cases.
  21. Attorney_6

    H1B Cap Updates

    It will be a while before they start returning the petitions. The USCIS will make an announcement. There is a point where it becomes pretty clear that a case hasn't been selected, once we stop getting receipts for a while. One way that people sometimes know their cases have been selected is by the cancelled (cashed) filing fee checks.
  22. Attorney_6

    H1B Cap Updates

    We just started getting regular (non-premium) cap receipts on April 23.
  23. Attorney_6

    NVC Processing Time

    June is not a realistic time frame. The NVC is issuing notices to applicants telling them that, due to work volume, it will take them 60 days to review their cases. NVC sets the interviews at the consulates once everything has been reviewed and is in order.
  24. Attorney_6

    H1B Cap Updates

    Moholo, Yes, it is logical that all the PP receipts would be issued before the 27th.
  25. Attorney_6

    H1B cap exempt?

    The cap exemption is available, since she was counted against the cap. She could claim the remainder of the time from the six year H1 period. That is, she could claim whatever time was not used from the initial six year period. A person who has been out of the US for a year can file for the full six year H1 period, but those cases are cap subject. You have the choice between cap exempt for the unused time or filing a cap case. It is easy to see which one is better in this situation.
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