Search results

If that was the question, I answered it when I stated "it absolutely requires the cooperation of the former employer."

There was an entire 2 hour AILA seminar on this. It is far too detailed and fact specific to just give an outline of how to do it. As I said above, it is risky and the location and job must be the same (this is not the "similar" analysis under AC21) and the former employer must cooperate. If...

Actually, YES, the LC is portable to another employer with certain exceptions. This is very cutting edge stuff that was discussed in detail at the AILA seminar in June. It can be done but it absolutely requires the cooperation of the former employer. The new position must be the same and in...

You need to be able to prove that the LC was filed more than 365 days ago to get a 7th year extension. When was the petition filed with DES? What do you have to prove this?

In my opinion, none. She is on an extended, unpaid, vacation. This time has been granted by the company. I see no problems as long as the company is unequivocally willing to state that they will employ her when she returns. She will certainly need a letter to that effect when she reenters...

Assumikng that the time out of the US is "meaningfully interruptive" of your H-1B stay. More and more frequently, USCIS is taking the position that vacation time outside the US is not "meaningfully interruptive."

No, you are not eligible for another 6 years now so you will not get it. To get it, you must be eligible at time of filing.

I had a client who had a very high number that did not permit filing until August. We filed on the 2nd of August and pushed USCIS to expedite. We got an interview in early September. Fingerprints are back. The hold up is the name check and that is apparently out of USCIS control.

Of course they can be in trouble! This is clearly called IMMIGRATION FRAUD. Any benefit, including US Citizenship that is derived as a result of this fraud can be revoked.

I disagree. USCIS has made it clear that they will not approve a "bridge" case like this. Using USCIS processing delays for your benefit seems to upset them. There is no definition that I know of of the "meaningfully interruptive" standard. You have not choice though since it is impossible...

USCIS will require you to show that your stay "meaningfully interrupted". Due to this amorphous standard, and the attitude USCIS has taken recently regarding all immigration benefits (they deny if they can) I would avoid seeking to reclaim the time and just prepare to file for a 7th year...

Right! USCIS generally requires you to be eligible for a benefit at the time of application for that benefit, regardless of when the benefit will take effect.

$185 filing fee, there are no various stages. An educational evaluation will add about another $100 or so and attorney fees typically range from about $500 to $3000 or so, depending on the attorney. More expensive does not necessarily mean a better attorney, it is a matter of overhead and...

H-1B cap is not applicable to transfers unless the person has never been counted toward the cap and is transferring to a non-cap exempt company.

Marriage based green cards are processed at the district office (in Maryland, they are filed with the service center but quickly transferred to the district office) and the processing times are much different and very variable. Check the USCIS for processing times.

I would have them go to marriage counselling together and then be up front about the problems. Stress that the marriage was in good faith, that they are having some difficulties but that they are trying to work them out through counselling. Lying will not make anything better.

Without knowing when it went to regional this is impossible to even estimate acccurately. I'd need to look at the filing to estimate probility of approval. It could be very high, or very low, depending on the quality of the filing. Good question. I would need to look this one up since...

Yes, the position title makes a difference to the extent that it indicates different job duties. I think a developer and a manager (or above) have significantly different duties. The ETA-750A for a developer probably indicated that no employees were being supervised and that is probably not...

There is a waiver available. You wife would need to show that refusing her admission results in extreme hardship to a citizen or lawful permanent resident spouse or parent. Unless you or your wife's parents are US citizens, your wife does not qualify for the waiver.

You're backwards, I used to live in New Jersey but I live in Florida now. Jim