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To be eligible for another 6 year period you must be out of out of the US for one year. If you are in the US on a B visa, you are not out of the US, therefore the time in the US does not count toward the one year period.

There was no need to file for your H-4 since they are not location(or employer) specific. I would send a letter cancelling the H-4.

If she has an I-94 that is valid through December, 2004 she is in status until December 2004. An H-4 is not company dependent. Of course, you should speak to a qualified immigration attorney to have the documents reviewed, but is sounds like she can file for an extension now. At the very...

It sure does sound like it. I'd call and speak to the national hotline and see what they have. I think it was reopened but I'd call to make sure the message was not a screw up.

You should not have to pay to be substituted in on an LC. You should not have to bring a project to get hired by a company. Any time a company requires either of the above - run.

What is the expiration date on your wife's most recently issued I-94?

It is very clear that this will NOT work. If you are not eligible for a benefit (the 7th year extension in this case) at the time of filing, USCIS will deny the case. USCIS has addressed this matter specifically several times. USCIS would be making an incredible mistake to approve the case...

As long as your income is sufficient (at least 125% of the poverty line) you should be ok on the Affidavit of Support (yes, they are required in family based filings).

She can file the I-130 but there will be a 13 year or so wait for the priority date to become current. The priority date must be current for her to file the I-485. The priority date for brothers and sisters of USCs from India is currently November 1, 1991.

Your wife has a bit of a problem but, fortunately, it is not an impossible one to correct. This is an error on their part and jurisdiction for correcting such errors made at the ports-of-entry lies with Customs and Border Protection (CBP). Therefore, CBP locations are responsible for the review...

Although a letter from the CFO is typically acceptable for a corporation with more that 100 US employees, that does not prohibit USCIS from requesting other information.

There is not enough information here to give any information with any accuracy. Were you charged, if so, with what. Did you go before a judge? Were you convicted? What was the sentence? What precisely did you do? You need to have all of these facts ready and then speak to an attorney.

I don't. It is unauthorized employment and could cause a problem. There is no realistic way to argue that this is volunteer work since she applied for and received an H-1B visa for the employment and will be paid 2 days later.

For all we know at this point, the crime could even be an Aggravated Felony. I do not see any citation to the actual law that is alleged to have been violated. "assault", whether domestic or not can cover a wide range and can carry severe sentences in some cases (I had a client convicted of...

Any percentage chance that anyone gives would be extremely subjective. However, I think your chances are pretty good based on an quick review.

Right. It all depends on the specifics of the acquisition.

Be advised though, sometimes USCIS will not release material to you that was filed by the employer without consent (usually a G-28) from the employer.

File form G-639.

You need to send evidence that an application for labor certification has been pending 365 days or more. This means that you need to send them one of the following documents: 1.A document from SWA notifying the employer, the employer representative, the DOL or the USCIS that a form ETA-750...

The company cannot control your status, USCIS does. The day USCIS approves the change of status, your status is changed. If the company fails to put you on the payroll, you are not maintaining your status. Forever, you do not need a visa stamp unless you travel. There is always a...