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Just because a person is in E-2 rather than L-1A status does not mean that the person cannot obtain a green card as an international manager or executive. The dual intent issue can be somewhat problematic but is certainly not insurmountable.

How does he think he acquired citizenship? He was not born here so that is out. Did his parents naturalize?

It may wor, but it shouldn't! Your affidavit is a self serving document that will be given little, if any, weight by USCIS. It's also possible that your case would have been approved if no proof was submitted at al. It is also possible that the experience that was documented in other ways was...

Actually, I disagree (does that make me a non-competent lawyer). It is far more than "a bit tricky" and there were disagreements among panel members at the last AILA annual conference about this. Without regulations, USCIS has nothing but guidance (which is not binding and does not directly...

I would suggest doing a Freedom of Information Act request prior to filing. I can't say for sure but 245(i) may save you on the EWI and the unlawful presence, I'd have to look it up to be certain since there are some exceptions.

Do you have a Master's degree or higher FROM A UNITED STATES UNIVERSITY? From your question, I assume that your degree is from a foreign university and the degree must be from a US university. There is no equivalency for this. Even if you have a Ph.D. from Oxford or IIT, you are NOT qualified...

When was the H-1B cancelled? If more than six months ago, you may have a mandatory bar if you leave to regain your status. Since you are out of status it is very unlikely that you will be permitted to regain status without leaving the US.

Possible if he has at least a Master's degree from a US University.

No. In fact, it is impossible to file a case against the 20,000 visas added for aliens who hold Master's degrees (or higher) from US Universities until after March 8, 2005.

There are really two major options here. The first would be to obtain a divore and then file an I-751 based on a good faith marriage that ended in divorce or based on extreme cruelty. The other option would be to file an I-360 based on the Violence Against Women Act (VAWA). You should consult...

If you have unauthorized presence of more than 180 days, applying for AP is an absolute waste of time and money. AP does not waive the mandatory 3/10 bars so if you leave the US you will not be readmitted and AP does not change that situation.

Your attorney is correct if affidavits from coworkers are not available. You need someone with personal knowledge of what you did and when you worked there to complete an affidavit. This is why attorneys should always ask their clients to get the employment letters prior to filing an LC...

The I-485 is YOUR filing. If you filed a request under the Freedom of Information Act, you would get a copy of the I-485 filing. You probably would not get the I-140 without authorization from the employer.

What is the "Normal 3 month waiver" (Visa Waiver Program?)? What Cap are you asking about? If H-1B, does a position as a personal trainer require a bachelor's degree? Do you have a bachelor's degree? If so, in what discipline? If you entered under the Visa Waiver Program, you will be...

This is really more a matter of state employment law then it is immigration law. You really should seek the advice of a competent attorney in your area. The employer certainly can sue you if he finds a noncompetition agreement that you have signed. I can't say if he will be able to win or not...

As you are married to a US citizen, my suggestion is to file for a GC based on that marriage ASAP. You are currently here with an expired I-94 and therefore I suggest that you file for a GC immediately. Do NOT travel internationally under any circumstances without seeking the advice of...

It varies. Even the filing fees with USCIS could be as low as $185.00 or as high as $2185.00 depending on the situation, company size and when the petition is being filed. Attorneys fees vary nearly as much.

A K-1 visa would permit you to enter the US to get married. If you marry overseas, you will need to file for a K-3 or wait until the I-130 is approved and consular process. No course of action will cause immediate admission and you will need to wait for USCIS approval and consular process in...

You can do either. You can extend your H-1B year-by-year or you can permit the H-1B to expire and travel on AP and work on EAD. Both have advantages and disadvantages and the best way to proceed depends on your situationl.

The answers above are different because they are answering two different questions, only one of which you actually asked. If you change to another status (and receive an I-94 indicating that new status) the H-1B clock will stop (but will not reset) and will restart when an I-94 indicating...