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Question & Answer* (Answer is on top of the Question)
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Attorney said:   December 14, 2012 1:58 pm PST
The Chinese company does not have the required control and therefore is not a qualified affiliate if there are no other conditions that are met.

Dong said:   September 27, 2012 7:34 pm PST
I m working in a Chinese company as a director. My company holds 15% shares of a joint-venture company in The US. Is my current company a qualified affiliate company of the US joint-venture? My company is looking to transfer me to the joint as GE. Can I petition a L1-A VISA?

Attorney said:   June 17, 2012 5:04 pm PST
Jack, your action first depends on whether your employer reports the layoff to USCIS. Please give us a call for consultation.

jack said:   June 15, 2012 1:42 pm PST
I was just laid off, 3 weeks after my I-485 filing. I have not received biometrics appointment notice and EAD card from USCIS. My wife has current H1B visa. Which of the following 2 actions I should take? 1. Apply for a H4 visa immediately. 2. Apply for H4 only when my I-485 is denied. In this case, I hope I will receive an EAD card soon and thus may skip the H4 application. Finally, is there any other solution I can take at this time. I deeply appreciate your advice in advance. Jack.

Attorney said:   May 23, 2012 2:25 pm PST
She can do whatever she wants in life. But if she hopes to still adjust status on the same I-140, she'd better make sure her employer will not withdraw the petition prior to the 6 month after she is pending on I-485. Even though it is an NIW, but since the employer is the petitioner here, when the USCIS receives a withdrawal letter from the petitoner, they will likely to rescind the case. In addition, your friend need an employment letter from the employer to file adjustment of status. Now if the petitioner company does not care, it is entirely a different issue.

kumar said:   May 23, 2012 1:55 pm PST
My friend's employer filed NIW petition for her. Her I140 got accepted. She is from India, she cannot file I485 as the dates are not current (they are in 2007). Can she change employer. can she pursue PhD instead of job.

Attorney said:   May 11, 2012 7:08 am PST
You don't have to have authorization for volenteering and please send us your resume for an evaluation.

Naresh said:   April 27, 2012 11:47 am PST
Hello, I am an international student currently under F1 visa status... I am going to USC School of Cinematic Arts for my masters in film making. i have some distinct achievements in the field of filmmaking in my home country-Nepal and so filing for EB1(A) petition. My lawyer says my F1 status makes the case weak. Instead wants me to work or volunteer for production companies and get some job letter from production companies. I am a full time student and doesn't have a social security or work permit so can't even do that. I have some worthy achievements in my country that proves the extraordinary ability in the field of arts. Do you think, I can apply for the EB1(A) petition? thanks, naresh

Attorney said:   March 2, 2010 9:30 am PST
Vicky, you can if your CSPA age is under 21 and you have applied for adjustment of status or immigrant visa within 1 year of visa availability.

Vicky said:   March 2, 2010 9:27 am PST
My uncle has filed a petition for my dad and our entire family and now the petition has been approved. However, me and my siblings are already over the age of 21 but still unmarried. Are we still eligible for the petition?

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