Waters, MI Immigration Law Firms & Lawyers

Since you are no longer considered an immediate relative of your U.S. citizen parent, you cannot apply for adjustment of status unless you remain in valid immigration status. Instead, you will be required to return to the U.K. for your immigrant visa interview at the U.S. consulate, which will subject you to the 10-year bar because you have accumulated more than 1 year of unlawful presence in the U.S. However, you are eligible for adjustment of status if you have a U.S. citizen spouse or child over the age 20 who can petition for you.

Attorneys can be fired and discharged at any time by the client. The attorney may be entitled to a quantum meruit fee for services that have been performed. You should research immigration attorneys prior to retaining them. Some of us including myself charge a very affordable flat fee, for representation from start to finish and counsel in any state can represent you.    

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.