Real legal questions, answered by attorneys

Can I start an H1B transfer while traveling abroad for visa stamping with my current employer?

I’m currently working in the U.S. on H1B with Employer A and have an approved I-797. My H1B visa stamping appointment with Employer A is on Nov 28 in my home country. I just got an offer from Employer B, who wants to file my H1B transfer. Can Employer B file the H1B transfer petition while I’m outside the U.S. for visa stamping with Employer A? Will this cause any issues with the transfer petition, visa stamping, or re-entry? Or should I wait to return to the U.S. after my stamping before starting the transfer process? Thanks in advance for your advice!

CSPA - applicability

my kid is turning 21 this April,26 and on AOS under EB1C derivative/ priority date is Sept :2022, Concurrently filed 140, 485 in Sept 22 where final action and filing dates are current. But I-140 approved on Feb 23. can you let me know if my child is protected under CSPA. any other alternative options i should consider.

H-1B Transfer Question

I am currently on an H-1B visa and have been in the United States for the past 10 years. I am in the process of transitioning from my current employer to a new company. Recently, the HR at the prospective employer informed me that they are no longer processing H-1B transfers due to a newly introduced $100,000 policy. From my understanding, this policy applies only to new H-1B petitions and new applicants, not to existing H-1B holders like myself seeking a transfer. I would like guidance on how to clarify this situation with the employer and ensure that my H-1B transfer can proceed without being affected by this policy.

What to put for Part 10 - Request a Fee Reduction, question #5a and 5b - Head of Household on the N400 application?

I am applying for citizenship based on the 5 years general provision. I file my taxes jointly with my wife. We don't claim HOH on our taxes. In part 10 of n400, it is asked, "I am head of Household - yes/no" then if you answered no, who is the HOH? Well the definition from n400 instructions states: "Form N-400 Instructions 01/20/25 Page 26 of 29 The head of household is the person who filed the most recent Federal tax return on which you are listed as a dependent or the person who provides the majority of the household’s income." I did make about 4K more than my wife I am not a dependent on her taxes we file together jointly, so am I head of household based off this definition? I am confused on how to answer.

Switching from Consular processing to AOS

If I, the principal applicant who is on F1 , switch to Adjustment of Status (AOS) in the U.S. under EB2, can my spouse(derivative beneficiary), who is abroad and already listed on an approved I-140 with an assigned NVC case number, proceed with consular processing simultaneously ? Currently, the NVC has not sent any consular processing instructions, and I haven't notified them yet. Is it possible for me to simply notify the NVC that the derivative beneficiary will continue with consular processing, and will the NVC allow it?

What is the correct filing location for I-765/I-131 with MSC receipt and employment-based I-485?

I am submitting I-765 and I-131 applications for both myself and my wife based on pending I-485 applications. My I-485 is employment-based, and my wife is a derivative applicant. Our receipt numbers begin with MSC. I'm trying to determine the correct filing location, as USCIS lists two different addresses: one for MSC/IOE receipt numbers (family-based) and another for employment-based petitions. I'm confused because my receipt begins with MSC but my petition is employment-based. Could you provide guidance on which address to use for filing our applications together?

My daughter (23 Yrs) who holds dual UK-US citizenship and we r in London. 03/2025 she filed an I-130 for us. Want to know the next steps after I130.

I am a UK citizen, previously an Indian citizen, and my daughter, who holds dual UK-US citizenship, was born in the US in 2001 and is now working in London. In March this year, she filed an I-130 petition for my wife and me. We would like to know the next steps and any preparations needed if our green cards are approved, as we plan to move to the US together. We currently reside in the UK.

TPS Syria termination

Hi, I'm on F1 and TPS, after TPS being terminated, do I need to do anything? My F1 status is still active.

Green Card holder for 20+ years and thinking of applying for citizenship. I got a petit larceny charge in 2008. Does that disqualify me?

I am considering applying for citizenship. I am a Green Card holder based on my marriage to an American. On the application, they tell you to disclose any criminal history. I have a petit larceny charge from 2008. I argued it was a misunderstanding, but the court found otherwise. My record before and after is clean. I read a story in the past few weeks of a woman from Ireland who is a Green Card holder and married to an American but who had a charge of passing one $25 bad check. When she returned to the US after a trip abroad, she was arrested, jailed, and is facing deportation. www.huffpost.com/entry/irish-woman-detained-25-dollar-bad-check_n_68c1dec6e4b011f6f9e23256 I am worried that my petit larceny charge puts me in jeopardy of detention if I submit the N-400 application and disclose the criminal record. What is the best course of action for me to take if I want to complete my N-400 application?

I am on H1B and my wife has H4 EAD. Can my wife actively manage our short term rental and then we claim tax returns as part of joint filing.

I am on H1B and my wife has H4 EAD. Can my wife actively manage our short term rental and then we claim tax returns as part of joint filing.

CAN I APPLY FOR US CISITZENSHIP , IF I ENTERED US ILLEGALY AND HAVE A GREEN CARD

I ENTERED US ILLEGALY AND HAVE A GREEN CARD THROUGH MARRIAGE

Regarding multiple extension of my visit visa

I am on visit visa and applied for extension of visa till nov3 as my visa was expiring on 3 aug I did not get any response till now when asked they said you can stay till I get a reply or till date I applied for extension Now my sons marriage is postponed and I want to apply for further extension of my visa can I do it

Being illegal in the USA for 2 years but was paying taxes and had my SSN can that be a problem for approving my N400 application for my citizenship

I just finished my N 400 citizenship interview and the officer said the decision cannot be made yet. I am thinking that the reason could be is that I was here two years illegally in United States and the officer asked me have you ever been illegal here I said no . Because I didn’t know that if you’re married for two years, but you don’t send the papers to the immigration that still means that you’re illegally in the US. Can that cause a problem for not receiving my citizenship documents?

H4 EAD

On August 2025, I am in the 4th year of my H1B. My wife is under H4 visa. I want to apply for EB2 NIW with premium process. Let’s assume that I will have I140 in 04/2026, can my wife apply for EAD to work in the US right after that?

How to Waive a judge ordered removal?

Because I didn't receive the letter, I missed the interview with the immigration office and the court hearing, and now I have judge ordered removal...

I am looking for an attorney experienced in navigating cases where the U.S. spouse is incarcerated? NOID

received the NOID for the I-130 with 30 days to respond

I want to know if my H1b lottery got picked (company A -current employer) and also petition is approved. Can different employer file COS ?

I want to know if my H1b lottery got picked (company A -current employer) and also petition is approved. Can different employer file COS and use the same lottery and I can join another employer before Oct 1 if second petition is approved? If that is approved then will I have any consequences during visa stamping ?

Is it Legal for a L2S Visa holder to Start a single-member LLC for SaaS startup while employed on W2 ?

I’m on an L-2S visa in Texas (spouse of L-1, work-authorized) and working in W-2 with an IT employer. I want to start a single-member LLC SaaS startup expecting ~$15K annual profit. Can I legally create an LLC & run the business while employed on L2S ? Are there any immigration or Texas-specific legal issues to be aware of? any impact during travel immigration or when going for Visa renewal ? Please advice, thanks

Adjustment of status from TPS

Hello, Person entered the US legally (B1/b2) and applied for asylum, then B1/b2 expired while this person was waiting for the interview. Parents of this person are US citizens and they submitted I-130 (f3 category), which was approved. This person waited for 10 years for the interview, then received NTA after the interview with USCIS. Then this person received TPS. Can this person still do the adjustment of status via family based green card when its available? Legal entry, TPS status, but period of authorized stay in between

When will my grace period end, and what options do I have to avoid unlawful presence?

My cap exempt H1b- i94 expired on 07/10/2025. My new employer filed a change of employer on 06/29/2025. I have received a NOID due to lack of wet signature. So, I am expecting a denial notice on 08/11/2025. My employer is intending to re-file H1b this time with wet(handwritten) signature. But I fear my grace period will end on the day of denial and I shall start accruing unlawful presence.

How much longer will we have to wait?

Hey everyone, my wife and I had our adjustment of status interview in Sept 2024. She entered on a B-2 visa she’d held for 7 years with no violations. We got married 45 days after her arrival, but filed AOS about 6 months later using Boundless. During the interview, she misunderstood a question about her intent and said she planned to marry and stay. When asked what she told the officer at entry, she couldn’t remember. Later, when asked if she planned to stay over 6 months, she said yes. I told the officer we hadn’t planned to marry before she arrived and said the question felt like a trap. The officer said it might be misrepresentation and didn’t approve the case. It’s now been almost a year with no update

Re-entry Permit Reapplication and Reentry to the U.S. – Guidance Requested

My re-entry permit application that was denied because I was not physically present in the United States at the time of filing in May 2025. I previously returned to the U.S. in June 2024 for biometrics, and it has now been over one year and two months since I last departed. I would appreciate your advice on the following: 1. Do I need to take any action before returning to the U.S. to prepare for reentry? 2. If not, is there a risk of being denied entry or facing issues with CBP upon arrival? 3. Once in the U.S., am I required to be physically present at the time of filing a new re-entry permit application? 4. After submitting the application and completing biometrics, how long must I remain in the U.S. before departing again?