Annapolis, CA Immigration Law Firms & Lawyers

Hello. Yes, you can as long as the I-140 remains valid. You will need to somehow verify that your current company does not cancel the I-140. There is no obligation for them to hire or offer you the I-140 job. They just need to keep the case open. Let me know if you need help with the new H1b. 

The USCIS is unlikely to reject your family-based application, but instead is likely to issue a Request for Additional Evidence ("RFE") requiring you to supply documentary evidence of your status as a U.S. Citizen (for example, a copy of your Naturalization Certificate). The USCIS is inconsistent about whether an RFE will delay an adjudication, or how long that delay may be. Evidence of that type is fairly basic for this type of application, and it sounds like you may be less than thoroughly familiar with the necessary evidence for this type of case. Failing to supply necessary documents may cause very long delays - the USCIS Atlanta Field Office does not consider itself to be unduly delayed unless a delay exceeds nine months. Engaging an immigration attorney can be key to avoiding delays or denials.

\*Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.