Attorney_22

I cannot speak to the tax implications, but this situation should not be an issue for the filing of a new H1B petition for consular processing.

It is probably in your best interest to schedule a consult with one of our attorneys that handle criminal matters in an immigration context. Once the call is scheduled, be sure to send the case documents to the attorney prior to the call for their review.

Perhaps it was not received by USCIS within the thirty days? Nonetheless, in this situation refiling with the fees for the current filing timeline will probably be faster and cheaper than trying to fight the prior decision.

No, the fees are not going up that much, but they are increasing across many filing types. You can find the real information at the USCIS website: G-1055, Fee Schedule (uscis.gov)

It is not necessary to change her name, but it is true there are character limitations on visas and many U.S. government documents and forms.

It depends why it was denied, but generally, an H4 applicant can apply directly at the consulate for an H4 visa if the principal is maintaining H1B status.

Sometimes an I-130 can be an issue for an F-1. You need to be able to convince the consular officer that while there may be future immigrant intent, your current intent is as a nonimmigrant for the purpose of education. General processing times for an I-130 is roughly nine to fourteen months, but since this is in the F2A category and the dates are not current, it may take longer and then you still have the NVC/CP process if you are outside the U.S. Travel to another country while the I-130 is in process will not affect the I-130.

Is that all the RFE says? You may want to speak to a US immigration attorney to prepare the response, but in regards to the mark sheets- they may have confused USCIS since they are not relevant to the request of an H4EAD.

The F1 OPT programs allows for a certain period of unemployment prior to being considered in violation of that program. You should speak with your DSO regarding the acceptable periods and finding new employment that will qualify for the STEM program.

If you have time to obtain the new passport prior to the visa application at the consulate, it is generally recommended to do so. While not specifically required, it may make many aspects of the process easier.

Your PERM is tied to a specific position, if your position changes (materially) and you intend to be in that new position when you get the green card, then a new PERM needs to be filed. However, at the I-140 stage you will be able to retain the earlier priority date from your initial I-140.

To be eligible for a new allotment of six years of H1B time, you must have been outside the U.S. for one full year prior to making the request (filing the new H1B petition).

It seems you are looking for specific legal advice and would like to discuss various options that you may be able to utilize, but it will depend on more facts of your situation. For such personally tailored advice it is best you call our office and speak to one of our H1B attorneys so they can help guide you.

Unfortunately, there is no standard wait time between when the NV completes their review and the interview at the consulate. At that point in the process, everything depends on consulate interview availability. Moreover, each consulate is different.

There are ways to deal with this issue, and it is quite common. However, the best approach will depend on the document and what is accurate. If your father has a birth certificate, which he may not, start there. If it is a minor difference, affidavits can often help. If it is wholly a different name, you may need to consider options to get that corrected.