Jackson County, MI Immigration Law Firms & Lawyers

To make an observation, most people want to prove that they are US citizens and not the other way around. You say that you applied for the renewal of your green card and it was approved, but the card never arrived. If so, you would have the I-797 approval sheet showing that your I-90 application for a replacement green card was approved. Perhaps the Dutch authorities would accept that piece of proof along with your affidavit that you never applied for US citizenship. I am not aware of any other form that you could fill out to prove that you are not a US citizen.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.  

Although there is no particular timeline as to when U.S.C.I.S. will make a decision after having received an RFE response, we generally expect a response within 60 days. If you obtain an approval before October, you should be able to transfer the H-1B approval to a new employer unless U.S.C.I.S. believes that you and your first H-1B sponsor had no intention that you work there on the H-1B approval. To transfer the H-1B to a new employer, the new petitioner would have to submit a new H-1B petition on your behalf. The documents required would be approximately the same as with the first attempt to change status to H-1B. The time that it would take for an H-1B transfer to be approved is normally two – four months, but premium processing is also available under which U.S.C.I.S. will reach the case in 15 calendar days for an additional fee of $1225. If your approval comes after October, U.S.C.I.S. will take into account how long after the approval the next petition was submitted and whether there was ever any intention to work with the first sponsoring H-1B employer when deciding whether to approve the H-1B submission without pay stubs. In looking over the last questions, I do not understand your need for pay stubs if you are outside the United States nor do I understand the generation of pay stubs from India and their relevance to any change of status as you will be outside the US and a change of status is only afforded those in the country.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.  

Congratulations on your marriage! Since you are married to a U.S. citizen, and applying for Adjustment of Status, your being out of status would not be a bar to Adjustment. That means, even if you were to go out of status when your documents are filed, you will still be able to adjust your status. To be eligible for Adjustment of Status, you have to show that you entered the U.S. with inspection (in your case you entered with a J1 visa), and that you are married to a U.S. citizen. So even if you were out of status for a year or more, you would still be eligible for Adjustment. However, in your question you did not mention whether your J-1 visa has a two-year home residency requirement. If your J-1 visa requires two-year home residency, then you must get a waiver of that requirement before you can adjust your status.