New Jersey Immigration Legal Questions

You first need an employer willing to sponsor you for an H-B visa. You may not self-petition for an H-1B visa. Assuming the position is a speciality occupation and you have required education, experience, and skills, you may be able to obtain an H-1B visa. You may need to return to India in the interim though. You can read more about H-1B at http://myattorneyusa.com/introduction-to-h1b-visas.... Read Answer

The consular official believes the immigrant visapetitiin was approved in error. The consular official likely suspects the marriage was not entered into in good faith. Once the file is returned to the NVC, it is sent to USCIS for revocation. USCIS will review the file to determine whether to revoke or affirm the approved petition. USCIS will send you a Notice of Intent to Revoke explaining why they seek to revoke the petition and giving you an opportunity to respond. I encourage you to consult an attorney right away. You can read more about what is considered marriage fraud at http://myattorneyusa.com/marriage-fraud.... Read Answer

Probably the best suggestion is to initially contact local agencies such as the Better Business Bureau or Consumer Affairs to see whether they can be effective in having your money refunded. There may also be other resources available, such as the immigrant affairs unit of the New York County District Attorney’s Office which attempts to resolve situations for victims of immigration fraud.  Failing that, you could go to local law enforcement and file a complaint against the consultant for fraud if the facts are as you state. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not c. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.     Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

If you are seeking to transfer an individual from India to the U.S. for employment, then the employer/sponsor will need to petition and file for a work visa status, such as an L-1A/L-1B or H-1B. L-1 petitions may be filed immediately, whereas, an H-1B may be applied for on April 1, 2017 provided it is a first time cap-subject H-1B petition. Our office could assist with either of these options. It is anticipated that the H-1B cap will be exceeded again next year, which means that a random lottery will determine which H-1B cases are selected for processing.... Read Answer

You would be ineligible to receive a green card through your father's case if you marry. Only an unmarried child may derive benefits from an immigrant visa filed by an employer on behalf of his/her parent. You can read more about adjusting status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

1. Not unless she plans to return after August 2017. 2. Your wife can go for stamping if you'd like but it does not appear necessary. You should not withdraw her pending request. Rather, you should file an RFE response ASAP.  3. Your wife will be given an I-94 with a maximum stay that is equivalent to yours unless her passport is expiring before the H-1B expiration.... Read Answer

Having obtained the green card through marriage, the bona fide nature of your prior marriage is part of the examination of a U.S.C.I.S. officer at the time you apply for naturalization, even if you do it on the basis of five years instead of three. That being said, as long as you had a bona fide marriage and have some documentation to prove that you were together, the prior marriage should not be an obstacle to your obtaining US citizenship.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Your L-1A petitioning employer is not required to petition for you to receive a green card. The decision about whether to initiate the green card process is solely within the discretion of the employer.  You cannot simply transfer your L-1A status to a new employer. L-1A status is tied to employment with a specific employer. A subsequent employer would need to seek either a nonimmigrant or immigrant visa on your behalf for you to leave your current employer.  You can read more about L-1A blanket petitions at http://myattorneyusa.com/l-blanket-petitions.... Read Answer

Although not a perfect solution and perhaps one that employer B or even you may not be in favor of, you could reduce your uncertainty by either you or the company paying for premium processing of the H-1B with U.S.C.I.S. through filing form I-907 Request for Premium Processing Service. The additional charge is $1225 and U.S.C.I.S. promises to reach your case within 15 days. Kindly note that it does not promise to approve your case, but if the case is solid, the good chances are that it will be approved within that timeline.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

You have not mentioned that you filed an I-485 application to adjust status and so I will assume that you have only an I-140 approval. With the I-140 approval, and assuming that the I-140 priority date has not been reached, you can file a new H-1B petition with company B and the company can request three years for your employment. You are also entitled to the priority date of the approved I-140 in most circumstances if company B decides to sponsor you for your immigration. The risks are the common ones of whether your future job is sufficient to secure H-1B approval and a future I-140 approval and whether U.S.C.I.S. or an American consulate officer will continue to recognize the I-140 approval in the future if you have further H-1B transfers or require an extension of your H-1B from company B.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Hello, If you are a U.S. citizen and your wife entered the U.S. lawfully, you would be able to apply for her legal permanent resident status. The process should take less than a year and she will be given a conditional resident status if you have been married for less than 2 years at the time her application is approved. This conditional resident status is good for two years, and at least 3 months before its expiration, you will need to apply for her permanent green card. It is important to speak to an experienced immigration lawyer in your local city, show them proof of her legal entry, and discuss her immigration and criminal history, if any, as these may affect her application. Good Luck.   Disclaimer: This information is of a general nature and is not, nor is it intended to be legal advice. For legal advice about your specific situation, please contact your immigration lawyer.... Read Answer

You may only file a Form I-485 concurrently with a Form I-140 if the visa category is current or USCIS has indicated the application filing date is current. You can find information about applucation filing dates at https://www.uscis.gov/news/uscis-announces-revised-procedures-determining-visa-availability-applicants-waiting-file-adjustment-status. You can read more about employment immigration at http://myattorneyusa.com/employment-immigration.... Read Answer

You need to be very careful. Depending upon the content on your YouTube channel you may be perceived as working without authorization regardless of whether you are paid. This is a situation where sitting down with an attorney is best as much more information is needed to make a thorough assessment. ... Read Answer

You would notify the NVC once your divorce is final. You will need to notify the NVC in writing and provide a copy of final divorce decree. A certified English translation should also be provided if the document is in a foreign language. It will take the NVC thirty to sixty days to update the information in its file. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You may be able to request a change of status. You need to act quickly as a change of status must be filed prior to the expiration of your current status. The nonimmigrant status you should seek will depend upon the reason why you wish to remain in the U.S. and your long-term immigration goals. You can read more about a change of status at http://myattorneyusa.com/change-of-nonimmigrant-status. ... Read Answer

Most H-1B's for companies fall under the H-1B cap in which an applicant must be selected under the capped numbers to be allowed to work under that status. In other words, the H-1B lottery. As your I-140 was approved for more than 180 days, your priority date can be retained for purposes of labor certification or I-140 petition. You will not be able to avoid the need for either another immigrant visa petition or labor certification/immigrant visa petition. The L-1A and EB-1C approval that you have are dependent upon the intracompany relationship of your overseas and US employers. It is difficult for me to see how another employer would be able to file under EB-1C if it does not have a similar relationship with your overseas employer. If you are not referring to EB-1C, but to either EB-1A (extraordinary alien) or EB-1B (outstanding researcher or professor), there is not enough information in your fact situation to comment. If the company to which you are thinking of transferring is not one to which an EB-1 classification would be appropriate or National Interest Waiver (but not to native of China or India), you may wish to delay your plans until next year when you can apply for an H-1B, begin working with the company, and have it begin sponsorship for your green card. Alternatively, the company may begin the green card process for you at this time, but most companies would not do that for an individual who is not already on board.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Under your current I-94, you are only allowed to work for your first employer. Since U.S.C.I.S. denied your extension of status, your work is not authorized under your second employer. In order for you to legally work for your second employer, you would have to leave the US and reenter with the new I- 797 approval. Assuming that the visa in your passport for your first employer is still valid, you can use that one to reenter the US with the new H-1B approval sheet. On your second question as to whether it is advisable to appeal that you were not out of status for 10 days, it is likely more troublesome to go through a motion to reopen or to reconsider than to leave the US and come back in. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Whether your employer will sponsor you is up to it. Doing so would be an acknowledgment that it knows that you are not a permanent resident or US citizen. It may feel an obligation to you for your almost 13 years with the company, but it may also be reluctant if you did not previously inform them of your true status or because of the possibility of immigration fines. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

There could be issues depending upon your husband's current immigration status. Consular officials may deny a visa if a family member is in the United States without status. It appears your husband is out of status given his employment was terminated. You need to consult an attorney before appearing for visa stamping. ... Read Answer