US Immigration Questions

According to law it is evident that even with an approved EB-2 case, you have the option to file the I-140 under EB-3 – that's a choice open to you, and no one can dispute it. However, this doesn't mean that your I-140 and PERM are permanently tied to EB-3. What is typically done is filing the I-140 under the category that offers a more advantageous date. For instance, if you are in the EB-2 category and the EB-2 date is more favorable, you would file under EB-2. Conversely, if EB-3 is more beneficial, you would choose that option.

It's important to note that you cannot upgrade from an EB-3 PERM to an EB-2 I-140, but you can downgrade from an EB-2 I-140 to an EB-3 I-140 – or the other way around, downgrading from an EB-2 PERM to an EB-3 I-140.

So, when you have an EB-2 PERM, you have the flexibility to file under either EB-3, EB-2, or both. Importantly, this filing of the I-140 does not terminate your case or prevent you from returning to EB-2 in the future. Thus, there's no compelling reason not to consider filing under EB-3. As for whether it's better to file your case under EB-3 or EB-2, my recommendation would be to file I-140s for both categories – EB-3 I-140 and EB-2 I-140. However, for the I-485, it's advisable to file with EB-3 – that's likely the most suitable course of action.

Regarding his previous B1/B2 travel history to the U.S., there shouldn't be an issue with further travel while his case is in administrative processing. Although there's a slight possibility of being turned away at the airport, Customs and Border Protection usually treats spouses of U.S. citizens with consideration.

To avoid potential travel hassles, your son-in-law can clear U.S. immigration at Dublin Airport, which offers a more convenient option.

Answer 1 : While there's no official answer, in our experience, you can transfer your H-1B even before October 1st when it's approved in August. No need for pay stubs from the previous employer, based on our experience.

Answer 2: If you never joined the employer, you won't have pay stubs, which is acceptable. Even if you join and leave the employer on October 1st without a paycheck, that's fine too.

Answer 3: Multiple employers are generally allowed unless they're connected or conspiring to manipulate the lottery, which is not allowed.

It is better to address these issues proactively rather than waiting for a Request for Evidence (RFE). While it's advisable to be prepared in advance, if an RFE introduces new concerns, you'll need to address them. However, this doesn't imply that the affidavits you prepared several months earlier will suddenly become problematic. If the affidavits are relatively recent, say one or two years old, it wouldn't be a problem.

Consider this scenario: If you had a spelling name issue and obtained one or two affidavits explaining it, and then the RFE raises this issue along with another one, you can simply provide supplementary documentation. The documentation you've already provided doesn't lose its validity just because the government posed additional questions.

In our practice, we only resort to preparing for a DNA test if it becomes the last resort because it can be quite expensive. I'm not certain about the exact cost, but we typically wait until the government explicitly asks for it.

A Canadian immigrant doesn't enjoy any special advantages over others. However, once you attain Canadian citizenship, numerous new opportunities become available. For instance, you become eligible for Treaty Trader and Treaty Investor visas like E-1 and E-2, as well as TN visas. Additionally, for most visa categories, you don't actually require a visa stamp. As a Canadian citizen, you can enter the United States without a visa, except for E visas and K visas. Visas such as F-1 and tourist visas typically aren't necessary; you can simply arrive at the border or airport with your Canadian passport. That's how the process works. It's important to note that being a permanent resident of Canada doesn't provide any advantage in the United States.

The processing time for the Canadian passport might be longer, so I suggest you check with the consulate. This situation appears unusual to me. In my understanding or recommendation, the law implies that once you take the oath of naturalization, it's the same as in the USA. I'm unsure about Canada's specific rules, but when you take the naturalization oath, you typically cease to be a citizen of any country except Canada. 

You may need to explore options to expedite your passport application, perhaps by paying emergency fees or any other required charges. I believe you should be able to enter the United States with a Canadian passport and an I-20 without needing a visa. Canadian citizens usually do not require a visa for entry.

Your employer is correct.

If your green card application is family-based, such as through your spouse, and you have student status, it could potentially become a problem if you travel. In your case, I would suggest traveling only after you obtain either an H-1B visa stamping or Advanced Parole.

A. Certainly, there is absolutely no problem with that; a green card can be in process, and an H-1B can be filed.

B. No. The pending green card application should not hamper or impede the grant of an H-1B visa because the H-1B is a dual intent visa.

The answer is yes. L-1 does not necessitate a demonstration of the ability to pay, as there is no such requirement for L-1 visas. There are two key points to consider: Firstly, the work must be carried out through a local organization. While there is some ambiguity in this area, you must collaborate with a sister company. Therefore, if the startup has an affiliate or sister company in India and you are beginning work with them, it is completely permissible. However, it's crucial to remember that you cannot qualify for an L-1 unless you have worked outside the United States for a branch or an affiliated entity of this company for a minimum of one year.

1. B-1/B-2 is another option. Please visit the blog entry on this issue. One might consider refraining from joining a consultancy unless they have a specific project.Compelling Circumstances EAD is not that glamorous, the reason being that it takes a long time to process. 

2. You can, of course, stay here while it's being processed, and then it's only given for one year, requiring you to extend it annually if you go to India.  B-1/B-2 is reasonably a good option; all you need is a copy of your earlier H-1B approval notice, and that should be enough.