FREE answers to questions from an Immigration Lawyer

[rallye]

Hi,
Sorry for posting my question here. I didn't find a way to post my question as a new thread.

Any help/comments would be greatly appreciated .

I went to US for my masters and then got a job and am now working in H1B category. I had opted

for "Change of Status" while applying for H1B. I applied for H1B around March 2007 and I got my

H1B approved on October 2007. Since I had opted for Change of Status I didn't have to leave US

when my OPT expired (around June 2008) .

Yesterday I had gone to US consulate in Chennai India(left US for fist time) for my H1B visa

stamp. I was expecting everything to go smoothly since I had all the documents and I work for a

reputed company as full time employee in US.

Consulate officer asked only two questions, How long you have been working ? Did you do your

OPT with the same company ? I answered 1.5 years and Yes respectively. She didn't check any of

my documents but after looking at the computer screen she said that I have to be a bit patient

since they have to do some additional processing and she gave me my a 221g (pink form) with

passport and I 797 back. She gave me a case ID and asked me to check online for the status of

my case. She said it might take 2 weeks or so and if the status changes to "send passport" , I

have to mail them the passport and documents via VFS dropbox . When I asked if there was any

particular reason, she said that it was just some processing.

This got my really worried. I contacted my company's immigration law firm. They responded to me

back saying that this is just routine processing. They said that in Dec 2007 , a new procedure

was started by which consulates have to check with a new system in US called 'Kentucy Consular

Center' KCC to validate the petition information in I-797 approval notice. Prior to Dec 2007

USCIS was not sending regularly petition information to the KCC when they approved a case( but

now they do that). So when someone goes to a consulate for H1B visa, the consulate contacts the

KCC for validity of apporval. If it is not in KCC system then KCC contacts USCIS to validate.

So they think that this additional processing is because my info might not have been in KCC and

KCC is now trying to validate with USCIS. They also think that this process should take only

few days.

Did anyone else go through a similar problem ? All comments/suggestions would be greatly

appreciated.

Thank You.

[gkebiz]

My spouse (on H4) and a US Co are initiating talks on exploring investments in a JV project in India and needs to sign a NDA prior. Is it ok to sign the NDA with our residential address? No paid-work is essentially involved here. Wonder if this is fine under the broad terminology of H4 not authorized to work here.

[monica8]

I have a question about Advance Parole.

I am working n H1-B visa and I have valid travel documents expiring on 11 March 2009


I am planning to travel in month of Feb for 10 days week. Also, I filed for her travel document renewal on 21 Jan 2009.

My question is:

1. Is it okay for me to travel on Advance Parole while my Advance Parole renewal is pending for Approval?
2. Is there any risk that if her travel documents get approved during her absence?
3. I am planning to return on 7 March 2009. Is there any problem on my reentry?

Hope to get reply

[vijay0101]

Is it possible if some one is applied I-485 on EB2 category and currently on EAD and H1b Is expired a year ago.

Can sombody still apply another I-485 in EB1 category?

Please let me know

Thanks

[Karsoo]

Hi, I applied my I-485 and I-765 and I-130 in Hartford CT in April 2009. They cashed my checks June 9 2009.
I did my Biometrics test July 31. I moved from CT to MI in Aug 2009. My lawyer in CT changed my address from CT to MI and I waited till November then they requested some evidences. I sent them. They processed my application. Feb 6 2010 they ordered my EAD card and Feb 8 they mailed me a notice that they approved me.
My lawyer emailed me and said that they issued an interview for me for the green card in Hartford,CT and she said the system didn't updated my address and the problem is because of them. She rescheduled my interview to be in MI.
I called them and they said they sent my EAD card to my old address in CT and as of today I they didn't receive it back.
I checked with my old aparmtent leasing office and said usually they send everything back to the post office and then returned it to the sender.
We changed my address online for all my cases again.

Any body can help with that?

As of today Feb 24 nothing got back to them and I didn't receive anything yet. They updated my cases online just with the dates with no info. My cases not pending at all.

Thank you and I hope if anyone can help

[jigsaw]

Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.

The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.

Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.

As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?

Many thanks in advance

[VK193]

Hi. I am currently here in the US applying for AOS from a B2 to F1 visa. I sent my application on the 26th April with USPS Express mail request return reciept. My current 1 94 expired on April 28th. My return receipt from USPS says that my item was signed for on April 28th leaving me still in status but when I received my I 797 C it says that the receipt date is April 29th. I am very worried and I am wondering if this is something I should call their customer services department about. I do not want my application denied simply because I may seem not to be in status. Please help, I am very worried.

[yasser768]

I won the 2009 lottery and I suppose to leave to US to collect my Green card. My question is I cant live in the states before three years from now as I have a family commitment, so Can I collect my green card and leave the states and go back to establish my new life after three years?

[Casablanca4ever]

My family (from Bangladesh) – my mom, dad & younger brother (under 21 at the time) became Permanent Residents in 2006 (under the F4 category, petitioned by my aunt). I was already over 21 (actually 24) at the time, so my derivative application was discontinued, and later, after becoming a green-card holder, my mom file a new I-130 case for me, under F2B category (in Jan. 2007). We were expecting it to take about 3/4 years & the Priority Date progression was looking good as well (it had reached 2005), until the retrogression occurred in Dec. 2010 & the Priority Date moved back to 2003, which was highly frustrating!

Now, 9 months later, it’s still in 2003 & hardly moving forward. Now, given the circumstances, obviously, I cannot enter the US to even see my family (living in NY). I have been rejected US student visa in and 2007 (because of my parents’ green card status).

Now, at 29 (& unmarried), I am working in a globally-reputed company in Bangladesh for 3 years & wondering if my job would show sufficient ties to my home country to attain a B1 (Business Visit) visa if I demonstrate that I’d be attending a conference in US (I can at least see my family then), or would it be wasted effort, given my parent’s green card status & of course, my pending I-130 application?

In any case, please advise a way forward for my immigration case: Should I wait till my mom becomes a US citizen (she qualifies already), so my application is moved up to F1 category (which would still be still a long wait), or seek legal help in filing a federal court litigation towards both my mom’s naturalization + my immigration at the same time (or one after the other is successful), whichever feasible? Or should I consider withdrawing my F2B application & then, apply for a US visit visa (B2) so I can enter US and see my family (or would that still be denied)?

I just want to be able to live in the US with my family, or at least, be free to visit them, until a solution to my situation is found. Thanks in advance for your reply.

[spk2011]

i came to USA on h1b visa on 2004 and became out of status after that.my passport was valid until 2006 , but by then i was out of status in 2006.so i applied for passport renewal and they gave me new passport with 1 year validity ie upto 2007.then again in 2007 i applied for renewal and they gave me upto 1 year.so from 2006 to 2011 (ie 5yrs) they hae been extending my passport for 1 year until when applied for extension in 2011 they said we cant extend any more and you have to get any status proof or leave the country before my passport expires (dec 2011).

from 2006 to 2010 i have done my passport renewal at indian consulate ,NY.
and i moved to california in 2010 and again applied in 2010 from california and they gave me for 1 year ie upto 2011.now in 2011 when i again tried to apply for renewal they said we cant extend any more as short vality passport duration is only 5 years and i have completed that 5 year period ie from 2006 to 2011.

so what are my options now.should i leave india before my passport expires.is there any way i can get back into status in this country.can i marry a american citizen and get into status.

what if i over stay after my passport expired (dec 2011) and can i go back to india with expired passport.what problems could i face in india if i land there with expired passport.

i would like to know what should i do now.please help me iam in deep trouble now.

[spk2011]

i came to USA on h1b visa on 2004 and became out of status after that.my passport was valid until 2006 , but by then i was out of status in 2006.so i applied for passport renewal and they gave me new passport with 1 year validity ie upto 2007.then again in 2007 i applied for renewal and they gave me upto 1 year.so from 2006 to 2011 (ie 5yrs) they hae been extending my passport for 1 year until when applied for extension in 2011 they said we cant extend any more and you have to get any status proof or leave the country before my passport expires (dec 2011).

from 2006 to 2010 i have done my passport renewal at indian consulate ,NY.
and i moved to california in 2010 and again applied in 2010 from california and they gave me for 1 year ie upto 2011.now in 2011 when i again tried to apply for renewal they said we cant extend any more as short vality passport duration is only 5 years and i have completed that 5 year period ie from 2006 to 2011.

so what are my options now.should i leave india before my passport expires.is there any way i can get back into status in this country.can i marry a american citizen and get into status.

should i leave this country before my passport expires and if so what question they ask me here while exiting and when i enter india.will i face any problems.

and what if i over stay after my passport expired (dec 2011) and can i go back to india with expired passport.what problems could i face in india if i land there with expired passport.

is there any other way i can sty here with expired passport and marry citizen and try to get in status.do i need a valid passport in order to marry.


i would like to know what should i do now.please help me iam in deep trouble now.

[Applicant777]

My apology if following questions have already been asked.

Can you apply for EB-2 when you are in F1 (opt -STEM degree) status? If yes, does the Green Card application jeopardize the OPT status? If I-140 application gets denied, do I have to leave the country although I have valid OPT EAD card and I have a full time job?

My employer has agreed to file for labor certification with DOL and I-140 with UCIS.

My background: I graduated with a MS degree in May of 2011 and I have been working as a Medical Physicist at the Cancer Center since mid-may (OPT Status). I have been in F1 Status since 2003 and I have always maintained my visa status.

I look forward to hearing from you folks who have knowledge on this issue. Thanks much.

-Applicant

[RFD]

I got 3 years H1B extension based on my approved I-140 ( Priority date EB3 - 2008). This H1b will expire after one and a half year. If I change the job now will I get 3 years extension or just one and half year based on the approved I-140?

[rpinto]

I am not an American citizen but I am currently studying in the Usa (I have a student visa F1). My ex-girlfriend and I have a Baby and I recently received an order from child support to establish the paternity.

I helped her everytime I could with some money and I also want to help her with the baby but as an immigrant I dont know my rights (I am only allowed to work in my school) And I dont know the amount of money I should pay because I don't receive a lot of money.

I actually live in Ohio.

Thank you.

[suebewifey1]

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My husband is a Canadian citizen. He had moved to the US with his parents and lived here for about 20 years. His parents have dual citizenship for here and in Canada, along with his younger brother. My husband was only classified as a Permanent Resident because his parents didn't acquire citizenship here until after he was 18 years of age. My husband and I met in New York state in April of '02, married in NY in July of '03, and our daughter was born also in NY of September of '03. My husband got into some legal trouble in July of '03 and again in April of '04 and was sentenced to 3 1/3 to 7 years in NY state prison. He spent 3 1/2 years in prison, in which time he was notified by INS that his status was in question due to his legal problems. After spending that time in prison, he didn't want to await a trial with further incarceration until his hearing with INS. Instead of waiting he signed off his legal rights to remain in the US and was voluntarily deported back in September of 2007. Since his return to Canada, we've learned that the reasoning behind his legal troubles has all been due to the fact that he suffers from Bipolar Disorder (in which he is on medication now and living a more stable life). I was wondering if there's anything we can do to reapply for his rights to move back into the US... as his father, mother, brother, spouse (myself), daughter, and unborn child (I am now 8 weeks pregnant) all live in the US and have citizenship here. Can anybody please tell me if we have any options, and what they are. Thank you so much for taking the time to read and respond... with much appreciation!