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Illinois Immigration Recent Legal Answers from Lawyers

Illinois Immigration Recent Legal Answers from Lawyers
The difficulty with employers applying for working visas where potential employees have overstayed is that the employees are not eligible for change of status in the US and must leave the country to apply for the visa overseas. Under most types of visa statuses, individuals who have overstayed for 180 days or one year are barred from coming back to the country for 3 and 10 years respectively. Also be advised that overstaying a visa status in the US automatically invalidates a visa even if it has more time on it.  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 More
The difficulty with employers applying for working visas where potential employees have overstayed is that the employees are not eligible for change... Read More
As you do not have the H-1B denial itself and it appears that your wife H-4 denial did not give complete details, I make no comment on any reason for which you may have been denied. Your pinpointing the reason for denial in 2012 would appear to be a little far-fetched for a denial in 2018. Examining the fact situation that you present, you had no illegality at the time that you left the country in May 2012. An H-1B holder is allowed 10 days grace to leave the US following the expiration of the petition. That is the reason why your I-94 was given an expiration date of May 11, 2012 while your petition expired on May 1, 2012. If you left on May 9, 2012, you were within the grace period of time. 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 More
As you do not have the H-1B denial itself and it appears that your wife H-4 denial did not give complete details, I make no comment on any reason for... Read More
Your daughters may encounter some difficulties in doing this as they are supposed to only have nonimmigrant intent, and staying the majority of the time in the US while only going back for short stays overseas could raise flags with Customs and Border Protection (CBP). There is a good chance, however, that CBP officers may overlook the situation in light of the sympathetic circumstances. 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 More
Your daughters may encounter some difficulties in doing this as they are supposed to only have nonimmigrant intent, and staying the majority of the... Read More
You are petitioning for your daughter under the F-3 category for married sons and daughters of US citizens. For the month of November 2018, immigrant visas are only being issued to those who put in petitions prior to July 8, 2006. Thus the current waiting time is approximately 12 years.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 More
You are petitioning for your daughter under the F-3 category for married sons and daughters of US citizens. For the month of November 2018, immigrant... Read More

H4 to H1 cos

Answered 6 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I believe that some of your terminology is incorrect and when you talk about the H1 extension, you are actually talking about the H-4 extension. In the summer season, your employer is only eligible to file for H-1B status on your part if you were previously under H-1B and did not use up all of the six years of eligibility or your employer is cap exempt, e.g. Institute of higher education. Aside from that question, being denied for an H-1B change of status does not mean that you have to leave the US if your H-4 extension is still in progress. You can also wait for your H-4 extension to be approved before filing for H-1B change of status. That choice is up to you. Again you would be allowed to stay in the US under H-4 status even if your H-1B petition is denied. Both paths are viable. 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 More
I believe that some of your terminology is incorrect and when you talk about the H1 extension, you are actually talking about the H-4 extension. In... Read More
Under the F-11 category as the single daughter over 21 of a US citizen, that is the status that you must maintain until the time that you arrive with an immigrant visa to the US. At that point, CBP would stamp your passport with an immigrant visa entry, and you could then return home and marry your intended. Marrying your intended prior to your arriving in the US with an immigrant visa would make you ineligible for immigration. With the immigrant entry stamp in your passport – not just the visa – you are a permanent resident and can marry your intended. 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 More
Under the F-11 category as the single daughter over 21 of a US citizen, that is the status that you must maintain until the time that you arrive with... Read More
As long as you entered the country legally, you can acquire a green card through marriage to a US citizen, despite that you're now in unlawful status. Did u enter the country legally? Furthermore, if you did enter the country legally, retain Immigratioon counsel to handle your case and do not travel out of the country or else you will trip the 3 or 10 year bar depending upon how much unlawful presence you have accrued. You can retain counsel anywhere in the USA. ... Read More
As long as you entered the country legally, you can acquire a green card through marriage to a US citizen, despite that you're now in unlawful... Read More

H1B visa approval 5 years after CMIT conviction

Answered a year ago by attorney NA [email protected]   |   1 Answer   |  Legal Topics: Immigration
Ns
After the Bar is removed, you can apply for any visa, and the decision will be based on the reviewer discretion and your current situation. Feel free to contact an attorney via email if you can not call us. [email protected] we do have whatsApp and Viber. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More
After the Bar is removed, you can apply for any visa, and the decision will be based on the reviewer discretion and your current situation. Feel free... Read More

how do I bring my girl-friend from Africa(Uganda) to the USA as quick as possible?

Answered a year and 2 months ago by attorney Stephen A. Black   |   1 Answer   |  Legal Topics: Immigration
If you are not a US citizen, then a visa for your fiancé would not be immediately available at this time. You would need to file based on your preference category as a LPR and wait for the visa to become available. Look up your preference category and the country she is from on the State Departments website to find out how long she would have to wait.... Read More
If you are not a US citizen, then a visa for your fiancé would not be immediately available at this time. You would need to file based on your... Read More
Where the I-140 and I 485 are concurrently filed, porting to a new job is possible after the I 485 has been pending 180 days. Determinative factors will be whether U.S.C.I.S. believes that the I-140 petition is approvable and whether the new job is in the same or a similar occupation.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 More
Where the I-140 and I 485 are concurrently filed, porting to a new job is possible after the I 485 has been pending 180 days. Determinative factors... Read More