H-1B is a dual intent visa. You do not need advance parole while traveling on an H-1B visa. You would not be deemed to have abandoned your I-485 application if you left the US while your I-485 is pending, because H-1B is dual intent and you can travel on it.

You have two options:... View More

I am surprised they issued you receipt notices for both cases field in 2017. In those years they did not have a system where both spouses can file separate asylum cases and be receipted.

Whether you should withdraw one case depends on several factors.

Are both cases strong? Or is... View More

OPT is not automatically affected by a DV lottery application (which happens by filing an I-485 application). The timing is important. If you cannot get the DV lottery by September 30, technically you do not have immigrant intent anymore, because you cannot get a DV lottery green card after... View More

At a first glance, filing a motion to reopen would be the easiest, quickest and the most economical way of handling this. But the problem is what if the motion is not adjudicated in a timely manner and what if the motion is not granted? You would be back to square one.

There is no specific... View More

This is a very interesting situation. The main issues are; 1- maintaining legal status, 2- not missing the DV lottery deadline of September 30, and 3- keeping your health insurance.

1- Maintaining your status: You should file an F2 change of status immediately as this would ensure your... View More

Even if you contact USCIS and appeal the 130 and the 485, it is possible that USCIS will not reopen the case. Even if it does, it may take a very long time. Congress assistance may work in this case. Contact your congressman and try to get help for this case. Elected official help is great for... View More

Medical leave is allowed under H-1B regulations. You are very well documented and you have your employer's support. You will probably have 2 challenges;

1- With CBP at the port of entry: CBP may question our extended absence from the US. You seem to have adequate documentation to... View More

10 years is too long. I do no think that any CBP officer at any port of entry would not have a problem with letting you in. You will probably be issued an NTA (notice to appear) and referred to immigration court if you try to enter the US and want to keep your green card.

SB1 might be a... View More

Why did your job title change, if your duties remain the same? I would be focused on explaining this if asked, because it is a legitimate question. Maybe it was an organizational restructuring?

Some employers try to avoid filing H1B amendments when needed because of the cost. Make sure you... View More

Getting married within 90 days of entering the US with ESTA is completely legit as long as the foreign spouse does not seek adjustment of status in the US. You can file 130 and process the case with Consular Processing. You do not need a K-1 visa.

You need to check your I-94 online.

There is nothing wrong with deciding to stay in the US longer after your entry to US. Plans change all the time. You just need to make sure your I-94 does not expire. If it will expire soon, you can file an extension of status and stay 4 months with your... View More

Yes, you should do that and if USCIS gave you a chance to clarify your intent you should definitely use if wisely.

There is a few unknowns here.

Is your husband's B-2 change of status approved until July 15 or is it still pending? I am assuming it is approved.

If your H-1B was filed as a change of status application, trying to switch your spouse to F-2 may cause a problem, especially if... View More

Your allowed stay in the US expires on July 24th. This includes a 10 day grace period. However, this is not the date you should use as a deadline to file your Change of Status Application (COS).

Your deadline to file the COS application is until July 14th, because you can not file a COS in... View More

Not very strict. You are required to stay in the field when you get the green card, that is when you have unlimited access to your future endeavor without the need for a sponsorship or a work authorization. If your job supports the same goals you should be fine.

In the past, I advised against this due to the way USCIS communicates, and due to economical reasons. USCIS only communicates with receipts, RFEs, NOIDs, ITDs, and denials. There is no proper proactive communication method with USCIS unless they ask you first. This is the reason I always waited for... View More

Reentry permit might be one of the trickiest applications in immigration. It is very technical, you can't file it when you are out of US, and since you can ask for various different benefits in the same form it is prone to mistakes. So you need to be careful with filing requirements and... View More

You should not be thinking about the possible straining of your relationship with your friends. You are in serious trouble if you go forward with this (they are too), and anybody can understand this if you explain the consequences.

There is no such thing as filing a separate application to extend your I-94. You already filed the L2 extension and that is what will extend your I-94.