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You are correct - if you get H-1B, your wife will be entitled to H-4 status which does not allow her to work. She can, assuming she meets the requirements, obtain a TN visa which will not interfere with your H-1B. It should also not interfere with your subsequent green card process. At...

AC21 requires that you be employed in the same or similar job by the transferring employer. It is helpful to understand what does your labor certification require. For example, if your labor certification requires specifically that you perform duties with technology A, then most likely you...

Two year EADs are issued automatically by USCIS upon renewal if the USCIS determines that your visa category and priority date are significantly backlogged. Generally, if they determine that your priority date is more than two years behind, they would automatically issue you a two-year EAD...

If your I-131 reentry permit was properly filed (including photos) before 03/05/2008 (when the biometric rule was introduced) then you are not required to submit to biometrics. However, you will still have to file the motion to reopen, along with proper explanation.

I agree generally that loans are not allowed if the business being purchased is used as collateral; however, if you obtain a loan and pledge as collateral some of your assets, then you can use these loans to buy a business in the U.S. and obtain E visa. There is not set amount and the...

Generally, the H-1B cap exempt organizations are 1) an institution of higher education, 2) related or affiliated to a higher education institution nonprofit entity, and 3) nonprofit research organization or a governmental research organization. See this article for more details.

Vijay, The profile of the company sponsoring your green card based on future employment does not have to be the same. However, your experience and qualifications must match the typical requirements for the future job. In other words, if your experience and education is in IT and you are...

I would attach the following documents, to the extent available. The list is not set in stone, but shows generally the type of documents USCIS would find helpful in AC21 filing: - cover letter - offer from the new company - paystubs from new employer (if available at time of filing) -...

Unless there is something else in the entire agreement that somehow negates this paragraph, it sounds like you will be in breach of your agreement with Company X if you start working with Company Y 1) withing 12 months following the completion of the project or 2) during the project. The fact...

The application for green card contemplates future employment - meaning that you can continue working for your current employer, convince a second employer to start your green card process and start working for the second employer once the green card is approved. In reality, it may be...

You do not need such letter from Company X, as far as AC21 is concerned. If you qualify to do AC21 transfer, Company X does not need to authorize or otherwise consent your AC21 transfer; although it would still be nice to remain friendly with them. However, if you have some sort of an...

No, the expedited procedure does not affect the length of the re-entry permit - it is valid for 2 years from the date of issuance.

badish- You are still on H-1 status. The Cronin memo of May 2000 states that if you use advance parole to enter the U.S., your H-1B work authorization or the right to extend H-1B is not affected. Thus, to answer your questions: 1. Since you used your AP to enter, you are still on H-1B...

You do not need Company A's consent to transfer your H-1B. However, due to the timing of the H-1B cap, Company A may have some leverage over you. For example, if your Company H-1B application was picked in the lottery, and then approved, it does not start until October. While you can apply...

Have Company B file your H-1B as soon as possible. You cannot work for Company B if your H-1B has not been filed. Ask for receipt number once you are told that the application is filed. Or, return to Company A and make sure you are instituted on the payroll.

It depends - if your position with employer B is cap-subject then, most likely you have a starting date of October 1 and COS is effective then. You should check your Form I-797A, Notice of Action, for the effective date of your change of status.

Re-entry permit is needed if you will be outside the U.S. for more than one year. No need to worry about it in your case.

You can get a second H-1B from the second employer and work part-time. Most likely the second H-1B will be cap-exempt (that depends on the type of the first employer).

Assuming you request "EXPEDITED PROCESSING", we've seen between 2 and 4 weeks between mailing of application and fingerprinting appointment. But keep in mind that past USCIS performance is not a guarantee of a future result.

From Form I-131 instructions: Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are...