Too bad. It is airlines to be blamed because of some ignorant airline staff your status is messed up. Go for I-485 interview see what comes out, if not consular processing.
You are talking about I-140 approval. Your argument can hold good if priority date is current and she is eligible to I-485 invoking INA section 204 (I) even if principal I-140 beneficiary is dead and may be in future whenever if priority date is current she can either file I-485 if present in US...
Looks like Airlines messed up. I don't think they should have stopped your wife from boarding flight since she had valid AP at time of travel back to US & might be landing onto any US port within 12-24 hrs. Have her walk down to nearest US Consulate or Embassy and explain the maybe they might...
I am sorry for the loss. H4 EAD benefit you are trying to claim is based on the fact that principal H-1B applicant's I-140 approval & H4's are derivative meaning deriving status from principal H-1B applicant based on the fact that they are related either spouse or child. BUT now since that...
And I don't think USCBP would let her in United States now that she got married to US citizen and is presumed immigrant. If you want to meet her you have to drive or fly to Canada. You need to file I-130/A, I-864, DS-260
Agreed that you are not arrested. How are you going to explain that you are charged for felony. You have both options of disclosing and not disclosing. Now the odds of having favorable outcome in H-1B stamping are high if you disclose truthfully. Remember you are charged for a crime "hit and...
During these filings at some point USCIS determined that there was status violation so therefore no I-94 was issued. At this time you have no choice but to step out re-enter with H-1B visa. The sooner you leave the better it would be for you.
If you filed as head of household I am sure your spouse might have filed as single which cannot go well with tax law. Was there any specific reason you picked as head of household & did you qualified all conditions required to file head of household ?
Yes, with new AC21 rules even if employer withdraws I-140 after 180 days of it is approval it would have no impact & employee could continue to use this I-140 approval to get additional H-1B's beyond 6 years, BUT new employer needs to file new labor certification & I-140 and of course you will...
The basic idea is permanent job offer
If you change your employer after 180 days of I-140 approval you can avail benefit of AC21 i.e. extending H-1B beyond 6 years.
Now the question is if you quit your current employer obviously they will withdraw job offer in majority of circumstances, in that...
Yes if employer A withdraws I-140 before 180 days of its approval you cannot avail benefit of AC21 to extend H-1b beyond 6 years.
Priority date belong to individual beneficiary unless it is revoked by USCIS due to fraud or misrepresentation. You should be fine only if withdrawn by employer...
You need to report sales of property with Indian taxing authorities & report same transaction with here in US (IRS) & of course you can take income tax credit in US for taxes paid in India
If USCIS has determined he is not eligible to adjust status and probably might have revoked his green card, how could your attorney file for citizenship. He needs to overcome misrepresentation burden of proof.
You need to interfile & let USCIS know that your pending I-485 should be tied to approved I-140. Find out I-485 service center & notify them of approved I-140. Interfiling is sometimes automatic but it is good idea to notify USCIS before they deny I-485 since it was associated with denied I-140.
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