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AV Preeminent Peer Rated Attorneys
Brookside Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Brookside Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What should I do? If I go back to France without showing up at the court house, should I come back in the US?

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Answered by attorney Peter S Kollory (Unclaimed Profile)
Immigration lawyer at The Law Offices of Peter S. Kollory
There is some hope in the adverse facts that you presented once you are in the immigration court for removal. When such proceedings are initiated in that court for removal (deportation), you may be able to seek judge's discretion who takes a "balancing of equities" test to determine if they can cancel the removal proceedings and grant you status. Much depends on the personal and public records of yours in an in-person consultation with an attorney to come to take such a risky route. Alternatively, you may have to leave the country and re-apply under another visa.
There is some hope in the adverse facts that you presented once you are in the immigration court for removal. When such proceedings are initiated in that court for removal (deportation), you may be able to seek judge's discretion who takes a "balancing of equities" test to determine if they can cancel the removal proceedings and grant you status. Much depends on the personal and public records of yours in an in-person consultation with an attorney to come to take such a risky route. Alternatively, you may have to leave the country and re-apply under another visa.
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Can I initiate fresh H1b transfer by joining other employer, incase current h1b transfer gets rejected?

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
The difficulty here is that you have already switched over your employment to your 2nd employer without having the new H-1B petition approved. That is allowed under the law, but the complication arises when the petition is not approved. Then when you attempt to have your 3rd employer petition for a new H-1B transfer, U.S.C.I.S. will usually request recent payslips from the company with the approved H-1B petition. If you were still with the original H-1B employer, you would have no problem in providing the payslips. Then there would be no consequences to the 2nd H-1B petition not being approved. But where you have already jumped to the 2nd employer, U.S.C.I.S. might also take a look and see whether the 2nd employer H-1B petition is actually approvable before granting the extension on the 3rd company H-1B petition. The upshot is that if U.S.C.I.S. decides that the 2nd petition is not approvable, that it may believe that you have not maintained legal status. It may then approve the petition but deny the extension in the States and request you to consular process the approved petition.  In answer to your other question, there is no recognized grace period for H-1Bs where there is a denial. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
The difficulty here is that you have already switched over your employment to your 2nd employer without having the new H-1B petition approved. That is allowed under the law, but the complication arises when the petition is not approved. Then when you attempt to have your 3rd employer petition for a new H-1B transfer, U.S.C.I.S. will usually request recent payslips from the company with the approved H-1B petition. If you were still with the original H-1B employer, you would have no problem in providing the payslips. Then there would be no consequences to the 2nd H-1B petition not being approved. But where you have already jumped to the 2nd employer, U.S.C.I.S. might also take a look and see whether the 2nd employer H-1B petition is actually approvable before granting the extension on the 3rd company H-1B petition. The upshot is that if U.S.C.I.S. decides that the 2nd petition is not approvable, that it may believe that you have not maintained legal status. It may then approve the petition but deny the extension in the States and request you to consular process the approved petition.  In answer to your other question, there is no recognized grace period for H-1Bs where there is a denial. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
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I-485 and B2 Visa Question

Answered by attorney Stephen Arnold Black
Immigration lawyer at The Law Office of Stephen A. Black
A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US legally. This is despite that both are or will be in overstay status. It is not uncommon that the checks for USCIS filing fees have not been cashed after 30 days. There are many backlogs at most field offices so remain patient. 
A US Citizen child over 21 can sponsor mom and dad for green cards if they entered the US legally. This is despite that both are or will be in overstay status. It is not uncommon that the checks for USCIS filing fees have not been cashed after 30 days. There are many backlogs at most field offices so remain patient. 
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