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New Immigration Legal Questions - New York

If I have recently applied for H1B which might take a few months to get approved, can I also file for greencard at the same time through my US citizen wife?

No, it would not. H is a non-immigrant visa and it does NOT cross paths with your GC app based on marriage to US Citizen. It take about 3-5 months to get a GC after we file. I would be glad to help -

Gene Meltser, Esq. answered 5 days ago

If I'm planning to apply for asylum but am an F1 student who is in a valid status, what if my asylum interview is denied?

As long as you are in valid status with a valid I-94, you will not be able to go before an immigration judge.  However, if you feel very strongly about not returning to your home country because

SB, Member, California answered 26 days ago

If I have a green card and have been out of the US for 11 months because my mom is gravely ill, do I need to come back before it's 1 year?

You may voluntarily give up your US residency if yo do not return in 12 months. However, you can obtain and get it back as a "Returning Resident" by applying tot he Embassy and showing the extenuating

Harun Kazmi answered 1 month ago

If I'm currently on H1B which I'm planning on transferring to my new employer, should I file my wife's H4 with my transfer?

Your wife's H-4 status is valid as long as you are in valid H-1B status; it is not dependent on the particular employer; just on the status.  Therefore, if her I-94 is still valid, you do not nee

SB, Member, California answered 1 month ago

Is a immigration lawyer essential in appling for a US H1b visa?

Legally, no--a person may apply for a visa (or represent him/herself in court) without a lawyer. Practically, yes--the rules about a  H1b visa are very complex and it is NOT recommended to try

SJZ, Member, New York Bar answered 1 month ago

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