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An H-1B visa is not something that is intended to "help" people who want to come to the United States. It is intended to be used to fill available positions in the US that do not have workers available to fill them. It seems that you misused the H-1B system and now are finding that there are...

Try Barbara N. Horn in Oakland , CA TEL: (510) 444-8444 FAX: (510) 834-4502 EMAIL: barbhorn@sbcglobal.net

The funds must be irrevocably committed to the enterprise. See 8 C.F.R. Sec. 214.2(e)(12). However, it is possible to escrow the funds to protect you if the application is denied. You need an attorney to help you with this. Either that, or you need to do a LOT of research on your own...

There probably is no problem. You may have just previously made a mistake. However, if your "mistake" resulted in you being eligible for an H-1B visa when the true facts indicated that you were not, that could be considered a material misstatement and therefore visa fraud, which could be an...

The best way to handle the case from the employee's perspective is simply to demand that the employer pay the employee, regardless of whether the client or intermediary ever pays. Reputable companys bill $240 per hour for employee's who make $30 per hour. The excess covers benefits to the...

Need to be a USC to petition for your parents and they do not seem to have any USC children, except for the one that was born here and is still too young to file. They may be 245i eligible (check on that) but they still would need an avenue to file an I-485 to return to legal status.

The problem is that it appears that ICE now has a sworn statement from the wife that the marriage was a sham. I agree that there is probably more to the story. If the authorities are correct, I would start packing my bags to avoid a deportation order. Expect a deportation hearing. He...

I have fought similar cases where there were allegations of marriage fraud. Even remarriage to a USC did not help. They are quite time consuming and therefore expensive to litigate. You will need the cooperation of your spouse to stand much chance at all. If your spouse is willing to...

Joe's right. There are many things that go into a determination of whether something is a Crime Involving Moral Turpitude, an Aggravated Felony, a Crime of Violence, a Domestic Violence Crime or some other category. Then it is necessary to determine if the crime is subject to some exception or...

Domestic violence can be a deportable offense, but some is not. Additionally, USCIS will probably want to deny the application since domestic violence is considered to be very serious. The good news is that the conviction appears to be beyond the 5 year look-back period for good moral...

See: http://www.ilw.com/search/results.asp?Fuzziness=4&Stemming=Yes&NaturalLanguage=No&sort=Date&MaxFiles=25&index=%5C%5Cilw%5Cwwwroot%5CdtSearch%5CILW+Web+site&request=H-1b+OR+H1b of you can read posts on the H-1B section of this website.

Did the employer tell them that this was a substitution and that they had the original? If so, there is an argument that the RFE was in error since they already knew that the company did not have the original LC. It may therefore be possible to make a request to correct a service error and get...

You tell the officer the TRUTH! Yes, the application could be denied (anyone that tells you that there is no chance an application will be denied is either inexperienced or a liar). That's still not a reason to say anything but the truth. If it is denied and you told the truth, you can...

DUI is NOT shoplifting! They are obviously two separate crimes and they may have two entirely different consequences/results. Normal DUI is NOT a Crime Involving Moral Turpitude. However, shoplifting IS a Crime Involving Moral Turpitude [CIMT]. A singe CIMT renders the person inadmissible to...

It may not even have anything at all to do with immigration status. Some companies do not want to pay relocation expenses for some positions. If I apply for a job in New York, I may not be seriously considered since I live in Florida. Why would they contact me and then cancel an interview...

Well, you could apply. However, a "green card" is really Lawful Permanent Resident and to be a Lawful Permanent Resident, you must be a "Resident" and that means living in the US. It would be possible to file an I-130 for consular processing and then delay going to the consulate for awhile (it...

If you have violated your status, you probably will not be permitted to change status without leaving the US. If you leave the US, your failure to follow the restrictions of your visa will be considered by the Consulate. Whether the consulate will issue a visa or refuse to do so is difficult...

The answers also provide information for the calculation of how much time is left in the 6 year limit on H-1B status.

You can not file until you have received the degree (or at least when you have completed all work for the degree - maybe). The degree must be from a US University, not a foreign equivalent.

You really have 4 options. In order of increasing severity, they are: 1. Speak to the attorney (Alka Bahal) and draft a letter in necessary/appropriate. 2. Speak to a senior partner and draft a complaint letter to the firm. 3. Speak to a malpractice attorney to see if a case for...