Answer A GC holder generally can file an I-130 petition in the family-based, second preference "A" category for a spouse. The timing of this process depends upon the priority date movement. The case cannot be finalized until the PD is current. If the category wasn't backlogged,...
Answer This potentially is a serious issue. H1B status is generally proven by proof of wage payments. If there is no work, there may be an employer "benching" violation. If there is work and the employer is not paying, there would be status and an employer...
Answer The spouse is automatically eligible as a derivative in an employment-based GC case, without regard to the spouse's status. The spouse doesn't have to be "added" to the I-140 or I-485. It is an automatic eligibility, and the spouse just needs to file the...
... I always maintained my nonimmigrant status in the U.S., including H-4 initially and F-1 currently, and I have another year to complete my degree. This summer, my husband and I would like to take a one week vacation and travel to Canada by car....
Answer Yes, the H1B can be filed by the new employer even after 4 weeks of unemployment. The issue is how to regain H1B status. This normally cannot be done from within the U.S. when there has been a status lapse. It usually is necessary to...
Answer A permanent resident can petition for a spouse. These cases fall under FB2A and have a wait time for visa number availability. The affidavit of support isn't needed until the visa number becomes available and the I-485 can be filed. In some marriage-based cases, the...
Answer Nothing happens automatically to the PERM/I-140 at the six-year H1B point. Assuming the employer still supports the case, the PERM and I-140 can be approved, even if one is out of H1B time. And, of course, it may be possible to use the pending...
Answer Not likely until the child reaches 21. At 21, a USC child could sponsor his/her parents for their green cards. Beyond that, there are limited situations in immigration law in which a child under 21 can assist with immigration issues. (e.g., Waiver or other extraordinary...
... My DSO authorized an early withdrawal for me and told me that I needed to come back to school and enroll in classes within five months after the date of my departure. I came back just before a regular summer break, after spending three...
Answer No, a person can only have one status at a time. It is possible to have both an H1B and an H-4 visa "stamp" in one's passport; but, not to be in both H1B and H-4 status at the same time. It might be best...
