| Subject | Date Asked | Expert |
|
| commencement of employment | 11/19/2009 | Mark Ashley |
Q: I have a question about the day of commencement of employment for an H1B employee because every ...
A: Madhukar, If the employer filed the H1B with a change of status, the H1B status starts on the date ...
|
| F2 to H4 | 11/16/2009 | Ajay K. Arora |
Q: Good Evening. Situation: My OPT work authorization is valid upto 11/18/2009 and F1 status expires ...
A: Since you have presumably been granted "change of status" (COS) to H1B on 11/11/09, your spouse is ...
|
| H1B ext. beyond 6 years | 11/11/2009 | Ajay K. Arora |
Q: Mr. Arora, What is the earliest date to apply for H1B extension beyond 6 years if the labor is ...
A: The H1B petition can be filed no more than 180 days prior to expiration. The requested start date ...
|
| Received my GC but confused | 11/10/2009 | Ajay K. Arora |
Q: I received my GC on Aug 18, 2009 and since then have received my card. But on the USCIS online ...
A: There is no action to be taken, since the actual green card is the best evidence that you are now a ...
|
| Husband's H4 stamping | 11/9/2009 | Ramasamy Krishnan |
Q: My husband was recently laid off from work. We applied for a COS to H4. That application is still ...
A: Mahima, If he leaves the country prior to approval of his COS the application would be considered ...
|
| Change of Status | 11/9/2009 | Ajay K. Arora |
Q: I came to US on H1 in oct 2008 and from then i'm unemployed till now. I want to change my status ...
A: In order to change nonimmigrant status from one category to another, you need to show the USCIS that ...
|
| Ownership in GC sponsor Co. | 11/5/2009 | Ajay K. Arora |
Q: Sir, I recently became a Permanent Resident. Its a small size consulting company who sponsored my ...
A: Your intention should be to work for the sponsoring company on a "permanent" basis after obtaining ...
|
| L1 Visa | 11/4/2009 | Ramasamy Krishnan |
Q: I am indian citizen, working in US on L1B visa since april 2007, my visa is expiring in 31st dec ...
A: Muralidar, You do not need to leave the country after renewal. You can continue to work in the US on ...
|
| H1B COS | 11/4/2009 | Eileen Chun-Fruto |
Q: My status changed F1-H1B on 1st October. I got employer's email stating that the Client has cut off ...
A: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Dear Kiran, 1. As far as back wages ...
|
| H1B - No payslips | 11/3/2009 | Ajay K. Arora |
Q: Respected sir I have my H1B approved for COS (start date: 1st Oct). The PROJECT at the client site ...
A: As a practical matter, absence of paystubs for a month after H1B takes effect will probably have no ...
|
| H1B transfer | 11/2/2009 | Ajay K. Arora |
Q: FACTS: F1 to H1B approved for change of status effective date 10/1/2009. However Company A is unable ...
A: You are violating your H1B status if you are not employed by Co. A effective October 01. The USCIS ...
|
| Affidavit of Support | 10/28/2009 | Ajay K. Arora |
Q: i just got married with a us citizen but she doesn't have meet the minimum income. so we need a ...
A: There is no maximum number of times that a person can sign an affidavit of support. However, the ...
|
| green card expiration | 10/27/2009 | Eileen Chun-Fruto |
Q: I recently got my green card through marriage to a US citizen. My spouse and I have known each other ...
A: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Dear Mayte, Sorry to hear of your ...
|
| H1B denial and H4 | 10/26/2009 | Ajay K. Arora |
Q: Arora, Came to US on H4 Visa later COS TO H1. My H1 approval is valid until 2011.I Went for H1 ...
A: After you enter the U.S. on H4 visa stamp, an H1B petition can be filed for you again requesting ...
|
| 245i/Marriage/Adjustment of Status issues | 10/26/2009 | Eileen Chun-Fruto |
Q: I am a US citizen but my husband entered the US without inspection when he was about 15 years old. ...
A: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Hi Sharon, Thanks for your question. ...
|
| H1B to H4 | 10/20/2009 | Ajay K. Arora |
Q: Background: I came to US on H4 thru my wifes H1B later COS to H1.Now i would like to cos to H4 ...
A: The application for change of status (COS) to H4 is signed by you and you do not require the ...
|
| h4 to h1 to h4 | 10/19/2009 | Ramasamy Krishnan |
Q: Background: I came to US on H4 thru my wifes H1B later COS to H1.Now i would like to cos to H4 ...
A: Jeedi, You can reenter the US on H-4. As you can hold only one visa status at a time, you will not ...
|
| Citizenship | 10/19/2009 | Ajay K. Arora |
Q: I am a green card holder and so is my husband. We live abroad. In 2005 I re-entered the US and ...
A: Your statement is correct in your follow-up email. I had earlier misread your email and assumed that ...
|
| H4 to H1 to H4 to H1 | 10/16/2009 | Ramasamy Krishnan |
Q: I came ot US ON H4 Visa later COS to H1B. Due to some perosnal reasons I went to for H1B stamping ...
A: Alekya, 1) As my H1B visa denied once already, still am i eligible COS to h1b with out respect to ...
|
| Question about waiver | 10/16/2009 | Eileen Chun-Fruto |
Q: My husband is from MX. We had been married for about 1.5 years and decided to start filing paperwork ...
A: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Dear Holly, Thank you for your ...
|
| Marriage and Greencard revocation | 10/15/2009 | Eileen Chun-Fruto |
Q: My name is Olga. I am from Ukraine and first moved to the United States in October of 2005. My ...
A: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Dear Olga, I'm sorry to hear of your ...
|
| U.S Resident | 10/14/2009 | Eileen Chun-Fruto |
Q: I'm a U.S. citizen and i been married for the past five years and i have two son's.My husband ...
A: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Dear Alisa, Thanks for your question. ...
|
| Citizenship | 10/14/2009 | Ajay K. Arora |
Q: I am a green card holder and so is my husband. We live abroad. In 2005 I re-entered the US and ...
A: You can apply for naturalization since more than 50% of the time in the past 5 years has been ...
|
| H4->H1->H4->H1 | 10/13/2009 | Ajay K. Arora |
Q: I need your help regarding my COS. I came to US on H4 visa in May 2006.I converted to H1 on Nov ...
A: Either scenario is fine. You can depart now and apply directly at a U.S. Consulate in India for H4 ...
|
| US Visitor visa | 10/12/2009 | Ramasamy Krishnan |
Q: this year I was arrested for having fake bus pass.. My concern is that I am on student visa in ...
A: Jill, From what you have stated it would seem that you were not charged with any offense. If this is ...
|
| britsh passport question | 10/11/2009 | Marco Pignone III |
Q: i was born in South Africa 1 August 1981. my parents were never married. my father was born in the ...
A: Roxanne, Your question is one of British immigration law, not U.S. immigration law. Only a ...
|
| H1b to COS to f1 | 10/10/2009 | Marco Pignone III |
Q: Greetings, I urgently need clarification in the situation which I am facing. I am a student on a F1 ...
A: Shyam, It is impossible to advise you regarding a COS (change of status) without knowing more about ...
|
| H1b to COS to f1 | 10/10/2009 | Ramasamy Krishnan |
Q: Greetings, I urgently need clarification in the situation which I am facing. I am a student on a F1 ...
A: Shyam, It is not necessary for the H-1B to be revoked for you to affect the change to F status. You ...
|
| Carta de Perdon | 10/9/2009 | Marco Pignone III |
Q: I am a US citizen and am applying for residency for my husband. We have been married for 5 years. ...
A: I cannot answer your question because "carta de perdon" is not a legal term in U.S. Immigration Law. ...
|
| Overstayed F-1 visa and getting married | 10/9/2009 | Marco Pignone III |
Q: Me and my fiancee decided to get married in February, and I previously overstayed my F-1 visa by ...
A: Persons with more than six months of "unlawful presence" in the U.S. may not be allowed to return to ...
|
| Cancelled I130 application | 10/9/2009 | Marco Pignone III |
Q: I filed an I-130 form for my daughter several years ago. Her case was cancelled by INS in 2007 ...
A: John, If your petition was denied by the USCIS in 2007 or if the National Visa Center canceled your ...
|
| USCIS | 10/8/2009 | Mark Ashley |
Q: Greetings for the day!! I am Manjula from India. My Husband is on L1B Visa working on intracompany ...
A: Manjula, My answers are as follows: 1.Is it possible to apply my EAD by person? or is it only ...
|
| Naturalization--married to US Citizen | 10/6/2009 | Ajay K. Arora |
Q: My husband was a green card holder and became a US citizen in 2000. I am still a green card holder. ...
A: Your waiting period is 3 years based on marriage to a U.S. citizen. Thus, your naturalization ...
|
| green card | 10/6/2009 | Eileen Chun-Fruto |
Q: I read through the questions and answers on this board and came to an answer you gave to a lady's ...
A: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Dear S, Thanks for asking ...
|
| interview | 10/5/2009 | Eileen Chun-Fruto |
Q: My husband was a green card holder and became a US citizen in 2000. I am still a green card holder. ...
A: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Dear S, Your question a little ...
|
| J1 visa and re-entry | 10/5/2009 | Ramasamy Krishnan |
Q: I worked on a j1 visa in US from jan 2007 till Dec 2008. I was though issued a 5 yr J1 (valid until ...
A: Mohammad, You do not need the waiver for entering the US on J visa. The waiver is required only if ...
|
| Consequences of not working on H1B visa | 10/4/2009 | Eileen Chun-Fruto |
Q: My sister was recently denied a tourist visa. She lives in Russia and I'm a permanent resident in ...
A: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Dear Alexandra, I understand your ...
|
| h1b activated before my h1b revoked | 10/2/2009 | Ramasamy Krishnan |
Q: I am on OPT now. On April this year, I applied h1b and my previous company send letter and revoked ...
A: Michael, You can file for a change to F-2 and the USCIS may or not excuse the gap in your status. If ...
|
| L1B status and H1B withdrawal | 10/1/2009 | Ajay K. Arora |
Q: I am employed with XYZ company in L1B visa. My L1B visa expires on Dec 09. A new company ABC has ...
A: You will continue to remain in L1B status with Co. XYZ starting October 01 since the H1B petition ...
|
| H1B denial--impact on H4 | 9/30/2009 | Ajay K. Arora |
Q: Arora, I have my EAD as I had filed my I485 in 2007. I got married after that. I have maintained my ...
A: Since you are no longer maintaining H1B status, your wife is therefore not maintaining her H4 status ...
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