1. What is The Fastest Way to Move From F-1 to H-4/H4-EAD?
I am currently working on F1 STEM OPT extension which is expiring on 5th July, 2020 and my husband is on H1-B with an approved I-140 for green card. My H1-B was filed this year in premium but I haven’t heard if my application was picked in the lottery. If my application is not picked in the lottery this year, I will have to move to H4 and H4-EAD to continue working in the US. So, in my case, what will be the best and the fastest way to get converted to H4 and obtain a H4-EAD. I know I can file both together and go on a leave of absence at my job till I receive my EAD. And the estimated timeline for this might be 5-6 months. So is there any better way to move to H4 and H4-EAD with the least period of absence from my work. I was suggested to just re-enter US with a fresh H4 and then apply for EAD once I am in the country. But I don’t know if this will be faster and if it will work.
Mr. Lee answers:
From our experience, we do not see too much benefit from your idea that you can receive a quicker adjudication of the H-4 EAD if you go outside to interview for the H-4 visa, enter the US, and then apply for the EAD alone instead of applying for both the change of status to H-4 and an employment authorization. U.S.C.I.S. accepts concurrent filings of both, and usually adjudicates the EAD application as soon as the H-4 is approved. Also with the amount of time spent in applying for and receiving the H-4 visa overseas, there would likely not be much of a savings in time if any.
2. Asylum Denied and Placed in Removal Preceding. I Married a US Citizen and Had I-130 Interview. Can I Travel Abroad and Return Back?
I was denied asylum and placed in removal preceding, recently I married US Citizen and had my I-130 interview. Can I travel abroad and return back to my husband in US ( I mean if I apply for advanced parole)?
Mr. Lee answers:
U.S.C.I.S. has a rule of not giving advance paroles to individuals in removal proceedings. Although the Board of Immigration Appeals had a ruling that departures under advance parole do not count as “entries”, that ruling did not touch upon persons under removal proceedings. There is the danger that you would be seen as having removed yourself by leaving the US and face a bar on reentry to the country even if you somehow managed to obtain advance parole.
3. If a Person Was Charged with Embezzlement and Served Jail Time Before Being Deported in 2008, Can He Return to the United States?
A family member was charged with embezzlement back in 2006 in CA. The said person then served time in prison and was deported either in 2008 or 2009. since it has been some years since then, if I was to start the process on applying for a green card on their behalf would it be worth it or would I be wasting my time
Mr. Lee answers:
Embezzlement is a crime involving moral turpitude at the very least and an aggravated felony at the worst if the amount embezzled exceeded $10,000 or the individual was sentenced to at least 1 year imprisonment. If there is to be a chance, there must be a petitioner capable of providing the basis upon which he can immigrate to the US, e.g. US citizen or permanent resident wife or child over the age of 21. He would also have to apply for a waiver of the crime, and so would have to have a spouse, parent, son or daughter who would suffer extreme hardship if the waiver application was turned down. Lacking those circumstances, you should not go forward. Even with the elements in place, the chances of success are problematic.
