Nonimmigrant Employment While EAD Application is Pending

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Right now I am working with a L1A visa status and my company wishes to apply my green card. I know I can get the EAD but and thinking I can work with my L1A until the green card is approved. Is this ok? Also, can you help me with the green card? My company and me are not happy with our previous immigration lawyer.

Yes, you can continue to work on your L1A as long as it is valid and you can even extend the L1A visa status while the green card application is pending. It is actually a good idea not to get the EAD card. If you use the EAD card to work for someone that is not your L1 visa sponsor then you will violate your L1 visa status and if your green card application is denied then you will be out of status. Unless there is a particular reason you need the EAD such as in cases where the L1 visa is expiring you do not wish to extend or don’t qualify for an extension, then you can avoid applying for it.

We’ll be happy to assist you with your application. In the past 12 months, we have been securing many EB1 green card approvals in 2 months or less through regular processing (no extra premium fee required) and should be able to help you. Please send us a copy of your resume and details regarding your company

Employment by Spouses of E3 Visa Holders

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I have a company that wants to bring me to the US on an E3 visa. Can my wife come with me? Can she work?

A: Yes, your wife will be able to accompany you to the US as a dependent and she will be eligible to apply for a work permit (EAD) upon entry to the US. Once approved, she will be authorized to work for any employer in any capacity for the duration of the authorization.

PERM Amendment

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I filed a PERM application on my own and realized that I made a mistake. Can I go back and correct this mistake?

Unfortunately, amendments cannot be made after the application is submitted. You will need to submit a new application. Depending on when the advertising campaign was performed, it may need to be redone. We’ve helped many clients correct similar problems and can help you prepare a proper PERM application so you can timely obtain your green card.

O2 Visa

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I am an assistant to a movie star who is holding an O1 visa. What kind of visa I should apply for in order to continue my assistant job for this movie star?

You can obtain and O2 visa provided that you are an integral part of the movie star’s performance or have related critical skills. If you cannot meet these standards, you may be eligible for a B1 visa.

Adjustment v Consular Processing

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I just got my Green Card. May my wife, who is currently in Germany, adjust her status to permanent resident?

Adjustment of status application can only be filed by persons in the US. She will need to consular process her application. This simply means that she will need to apply through the State Department and the Embassy to obtain an immigrant visa. Once she obtains the immigrant visa she will be able to enter the US and will become a US permanent resident.

H1B Renewal While Adjustment of Status is Pending

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I am now in an H1B status and it will expire in a month. I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. I also have an EAD card which is valid for another 9 months and I know I can extend it. Do I still need to extend my H1B visa?

It is likely in your best interest to extend your H1B unless you have already used your EAD to work for a different employer. If, for some reason, your I485 is denied, it is good to have your H1B as a backup. Otherwise you would be out of status if the I485 were denied.

J2 Visa Holder Divorce

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I’m a J2 holder. I plan to file for a divorce and would still like to stay in the US.  We’re both subject to the two year requirement because he is on the skills list. Am I still subject after we divorce? If yes, can I still get a waiver or can only my husband apply for it?

Unfortunately, you will still be subject even if you divorce your husband. In most situations, only the J1 visa holder can apply for a waiver but in cases involving divorce or death of the J1 visa holder, the J2 visa holder can apply for a waiver independently.

K1 Visa Multiple Entry

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My fiance is in the US right now with a K1 that I sponsored for her. We decided to get married in France. Can you go to France, get married and then come back with her K1 visa?

No, the K1 visa is a single entry visa. It can only be used once. No. The K-1 is not a multi-entry visa. There other options you can take advantage of. Please contact our office and we can assist you.