Answer It is typically best to try to stay on H1B, but this is not a one-dimensional issue. There can be risks in applying for H1B visas, and situations where it is less risky to use the AP for travel because of visa concerns. (04.Jan.2016)In frequent...
Answer The complete pros and cons should be discussed in a consultation. But, other than the obvious priority date issues, we look at job stability - is one job far more stable than the other? Each spouse's GC case still acts as a backup for the...
Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e. deportable) and inadmissible. In...
Answer Even if the H1B extension was based upon the pending I-140, the denial does not disrupt the existing H1B status. This assumes there was no fraud finding against the individual in the denial. Of course, the concern with respect to the H1B is finding a...
Answer Generally speaking, a person is charged against his country of birth, not country of citizenship. Unless you are married to someone who was born in a country other than India, you likely will have to use India as your country of chargeability. (21.Dec.2015)In frequent sessions...
Answer It is permissible to travel with an amendment pending. If there is a valid H1B visa 'stamp' and approved petition for reentry, this typically is sufficient. It may be best to have the amendment receipt notice, in case of any questions. If the amendment is...
Answer There isn't a specific rule. It is a case-specific judgment call at the port of entry where the officer may take into consideration various factors, including duration and frequency of previous visits. Typically, the recommendation is to wait at least six months abroad following a...
Answer There is no law requiring the use of an attorney for immigration cases. There are, however, many things that can and do go wrong when cases are prepared without proper legal advice. Some companies do H1Bs internally, but very few try PERMs on their own....
Answer The beneficiary of an I-130 petition is not automatically prohibited from entry on valid a valid B-1/B-2 visitor visa. That being said, U.S. immigration officers at a port of entry have a great deal of discretion in determining whether or not to admit a foreign...
Answer It is risky to leave the initial sponsoring employer prior to the 180-day mark. Simply filing the H1B would not automatically result in the loss of the I-485. But, if one does not plan to return to the sponsoring employer upon issuance of the green...
