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About Ajay K. Arora
(Top Expert on this page)

Expertise
My law practice is focused exclusively on employment and family-based Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, etc.

Experience
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.
   

You are here:  Experts > Homework Help > Immigration Issues > Immigration Issues

Questions Answered By Expert  Ajay K. Arora 
In Category  Immigration Issues

SubjectDate Asked

Student10/7/2008
  Q: My friend has I140 approved in July 08. The immigration send a letter regarding I485 asking to ...
  A: If there was a violation of immigration status at any time in the past for more than 180 days, the ...
L1A - H1 & H410/2/2008
  Q: I have L1A for a company based in India. L1A is valid till 2011. Meanwhile another company filed for ...
  A: If you enter the U.S. on L1 visa, in order to activate H1B visa status, you can apply for H1B visa ...
I-94 return date.9/29/2008
  Q: 1> My mom's 10 yr visa to US expires Apr 2009. She is planning on visiting US in Dec 2008. In the ...
  A: I do not recommend that your mother enter the U.S. on a visitor visa if you have already applied for ...
J-1 to F-19/25/2008
  Q: Mr. Arora, my friend's J-1 visa (no 2 year home residence requirement) is expiring in a few days, ...
  A: My recommendation is that the change of status application be filed requesting change of status from ...
HELP ME!!!9/23/2008
  Q: I have been with my current illegal boyfriend for almost 2 years and now i am pregnant and due in ...
  A: Even if you sponsor your husband (you would be required to marry your boyfriend in order to ...
Graduate studies during Green Card processing9/18/2008
  Q: Arora, Your answers to other posts have been very helpful and insightful. I would greatly ...
  A: If an immigrant petition is filed for you, F1 visa status will probably not be issued since F visa ...
permanent green card9/15/2008
  Q: I have received my temporary green card, pending a permanent one in about two years. My husband and ...
  A: Your conditional resident status will expire 2 years after issuance of conditional resident card. ...
Change of Status9/10/2008
  Q: If a person has an expired H-1 visa, and now wishes to marry a green card holder, can he get a work ...
  A: Upon marriage, an I-130 petition (petition for alien relative) can be filed by the green card holder ...
H1B transfer to H49/9/2008
  Q: I have received new I-94 along with my H1 approval.I have not worked since then due to pregnancy and ...
  A: You are violating your H1B status since you are not currently employed by the H1B employer (and it ...
L1B to H1B9/8/2008
  Q: I am working L1B for my current employer and have filed for a L1B to H1B transfer through a ...
  A: You will automatically be in H1B status on October 01 (if the H1B employer requested "change of ...
Employment / family immigration9/3/2008
  Q: Arora, My first 3-yr H-1B will expire on Jan 14 2009. It is unlikely that my employer will sponsor ...
  A: You can be sponsored through the filing of a Form I-130 petition by either your sister (F4 ...
EB28/29/2008
  Q: I hope you are doing well. I have my bachelors (computer engineering - 06/2005) and masters (MBA ...
  A: An H1B petition can be filed on April 01, 2009 under the master's visa cap, and hopefully you will ...
Petition I-130 for Adult Daughter8/26/2008
  Q: Hello, I've moved to the US last year with a F1 Visa to study (fulltime) in order to get my Masters. ...
  A: If your parents or brother file an I-130 petition (Petition for Alien Relative) for you, it will ...
Canadian Coming to USA8/21/2008
  Q: My fiancee lives in Canada, I live in the USA. He would like to come to the USA to see how things go ...
  A: Assuming that your fiancee is a Canadian citizen, he can enter the U.S. without a visa. He cannot be ...
H1b to Green card through a for profit but working in a not for profit organization?8/18/2008
  Q: I am currently a medical resident on H1b not under the cap going to be done with residency June 2009 ...
  A: Unfortunately, in the scenario described you would be subject to the visa cap, and therefore the ...
f 1 rejected ,can re enter on h48/13/2008
  Q: I am on H4 which is valid till October,I am planning to go to Mexico for F1 stamping,i want to know ...
  A: If the F1 visa stamp is not issued by the U.S. Consulate in Mexico, you can enter on existing H4 ...
OPT to H1B8/12/2008
  Q: I am an F1 student on OPT. My OPT started from June 2008 and ending on June 2009. I have my H1b ...
  A: If the H1B approval notice (Form I-797) issued by the USCIS indicates that you have been granted ...
Immigration8/7/2008
  Q: I am planning to change my status from H-1 to F-1 but my credit score is really bad so it that ...
  A: The USCIS does not check credit score when adjudicating application to change status to F1. You ...
F-1 student visa seeking to marry U.S. citizen8/5/2008
  Q: I am in a long term relationship with a U.S. citizen. We met in 2005 and lived together in London ...
  A: Yes, you can get married on an F1 visa and be sponsored by your spouse as well. You will receive ...
B2 to F18/4/2008
  Q: I have been accepted for a masters program in a leading university . I am here in US on a B2 visa ...
  A: The university will issue you an acceptance letter and Form I-20. You will complete Form I-539 ...
Immigration7/29/2008
  Q: I was working on H-1 from Oct 2007 and I transfer to another consulting company on Dec 2007 and now ...
  A: H1B status is employer-specific. However, multiple employers can file an H1B petition for you, and ...
f2/h1 visa7/22/2008
  Q: I had rejected H1 visa(2007), now i want to apply for F2 visa(since my husband is on F1), .......my ...
  A: My recommendation is that an H1B petition should not be pending with the USCIS when you apply for F2 ...
Can I apply for ead?7/21/2008
  Q: MY question is that i have a old labor cert approved with date of january 2001 and a new labor cert ...
  A: Check the priority date on the I-140 approval notice...it will be written there. Then check to see ...
F1 stamping in mexico7/19/2008
  Q: I am currently working in the US on H1 that is valid until sep 15 2010 (H1 was stamped in the ...
  A: Yes, in your scenario you can enter the U.S. on existing H1B visa stamped in your passport that is ...
immigration issue6/30/2008
  Q: sir/you always helps us to deasi peoples specially indian/pakistani because you understand our ...
  A: The I-824 should be filed with the USCIS requesting the USCIS to notify the Consulate in your home ...
H4 Visa - Required Documents6/24/2008
  Q: Ajay, I am planning to apply for H4. My husband recently transffered his H1 from one company to ...
  A: You should apply for H-4 visa directly at the nearest U.S. Consulate. Carry with you copy of the ...
EB2 Query6/23/2008
  Q: Hope you had a great vacation. I applied for 140/485 in last July.I have a 4 yr bachelors and about ...
  A: EB-2 eligibility can be based on either a U.S. master's degree or equivalent, or a U.S. bachelor's ...
Immigration issue6/17/2008
  Q: I am working as postdoctoral fellow in Canada under OPEN WORK PERMIT category. Can I apply for J-1 ...
  A: Yes, you can apply for J-1 visa at any of the U.S. Consulates in Canada since you are currently ...
H1B Transfer6/16/2008
  Q: I have joined my company on May 6, 2008 and have been waiting since that time for a project but ...
  A: In order to maintain H-1B status, you must receive at least the agreed-upon salary from the H-1B ...
Immigration6/12/2008
  Q: I am so worry right now. I send my application for change of status from H-1 to F-1 by filing I-539 ...
  A: The address that you wrote on the package (75 Lower Welden Street) is correct. Therefore, you should ...
L1 VISA issue6/11/2008
  Q: i am arpit i came here in US on B1/B2 BUSINESS visa which is still valid till 2012. the last time i ...
  A: You are able to remain legally in the U.S. for up to 240 days after filing a petition requesting ...
Change of Status6/5/2008
  Q: I am an IMG on J1. I have filed for my waiver. My husband is on J2 and is still in his second year ...
  A: If you receive your waiver, then your husband can change status from J2 to another nonimmigrant visa ...
Immigration6/3/2008
  Q: I am in H-1 on Oct 2007 with company A and transfered to company B on Dec and that is approved on ...
  A: No, this is not a problem if you wait at least one to two months after April 11 before filing change ...
Priority Date Transfer5/30/2008
  Q: I am USC and petitioned for my parents and brother in July 2003. My parents were approved right away ...
  A: The original priority date of July 2003 cannot be used. If your father becomes a U.S. citizen, then ...
Immigration5/29/2008
  Q: I came to USA on F-1 status on Jan 2004 and finshed my study and my H-1 status was effective on Oct ...
  A: You can check the status online at https://egov.uscis.gov/cris/jsps/index.jsp and print out the ...
Canadian F1 marrying US Citizen5/28/2008
  Q: I am a Canadian citizen studying in the US on F1 student visa. I am planning my wedding to my ...
  A: F-1 visa status mandates a nonimmigrant intent. Therefore, if you are not planning on residing in ...
spouse visa5/21/2008
  Q: My question is how much is sufficient funds to show that a spouse can be supported in the U.K. ...
  A: We are only licensed to address U.S. immigration law. The U.K. a a sovereign country has its own ...
H1B Transfer query5/20/2008
  Q: Many thanks for looking into this question. I need a clarification on this H-1B Transfer situation. ...
  A: If you are employed by Co. A and still in the U.S. when Co. B's H-1B petition is approved, and you ...
J1 Visa to Visiting Visa5/16/2008
  Q: I am a J1 Visa holder, it expires on July 15, 2008 and I know I have a month to stay legally in the ...
  A: You are correct that there is a 30-day grace period. Assuming that you are not subject to the ...
immigrant marriage5/15/2008
  Q: S.A. with me? thank you
  A: You can get married in any country and then sponsor for the K-3 visa. However, it is faster to bring ...
h1b Transfer5/13/2008
  Q: This is my case. 1. The company A which I have been working 2 years ago wanted to transfer me to a ...
  A: If you apply for H-1B visa stamp at the Consulate, this will be a multiple-entry stamp. Entry on ...
90 day rule and US re-entry5/11/2008
  Q: Sorry, this is a long question...I have a fiance' in Italy, she has a valid passport, and I ...
  A: You are correct that entry to the U.S. made under the visa waiver program cannot be extended within ...
Regarding location for H1b Visa Interview5/6/2008
  Q: I have applied for H1 visa but I already have H4 and I want to join my husband on H4 in CA. When I ...
  A: If you are currently in the U.S. and the H-1B petition is approved after your entry, and if the ...
h1b status5/5/2008
  Q: I will begin my H1 in oct. If I decide to leave the US after 1 year, for 2 years, and want to come ...
  A: H-1B status is employer specific. This means that if you want to work for another company in the ...
Graduate degree on pending green card?5/2/2008
  Q: I am currently on an H1B visa and recently married a US citizen. I applied for a marriage based ...
  A: Yes, the USCIS has a policy to adjudicate pending I-485's if the application is otherwise ...
citizenship5/1/2008
  Q: In the USA a child is granted citizenship merely by being born on American soil. Even if the parents ...
  A: Yes, a child born in the U.S. is a U.S. citizen even if his parents are in the U.S. illegally. I do ...
h1b and grace period5/1/2008
  Q: I filed h1b on 1st april 2008 and just got the receipt no. My OPT was going to expire on April 30 ...
  A: Since you did not have OPT when the H-1B petition was filed, you cannot take advantage of the cap ...
I751 Approved - Divorce Pending5/1/2008
  Q: I got my I751 Approved this month. Married to USC in good faith, have baby together. Filed I751 ...
  A: Since the divorce occurred after I-751 approval, there is no action to be taken. The N-400 ...
Last Name Issue5/1/2008
  Q: I am a H1B holder from India. My full name is "Tony Paul Katers" , where the actual name is split up ...
  A: You have mentioned that your passport specifies "Paul Katers" as your Surname and "Tony" as your ...
Last Name Issue4/30/2008
  Q: I am a H1B holder from India. My full name is "Tony Paul Katers" , where the actual name is split up ...
  A: I assume that your H-1B petition (I-129) was filled in properly with respect to the names. If there ...
I-1314/30/2008
  Q: I have a pending I-485 application but I need to come back to the Philippines to pursue my studies ...
  A: If there is an "emergency", you can make an appointment with the local USCIS office through Infopass ...
I-148 and F1 Visa4/26/2008
  Q: Countless others including yours truly appreciate it very much. I am on my 6th year H1B which ...
  A: Your change of status to F-2 will probably be denied since an immigrant petition has been filed for ...
reg F2 and H14/25/2008
  Q: Went for h1 stamping in December 2007, got 221g to submit all petitioner docs(particularly asked for ...
  A: The prospective employer is correct. If the new employer files an H-1B petition for you with the ...
reg F2 and H14/23/2008
  Q: Went for h1 stamping in December 2007, got 221g to submit all petitioner docs(particularly asked for ...
  A: You should be issued F-2 visa by the Consulate, since the reason for H-1B visa denial was due to ...
Family based Immigration4/21/2008
  Q: My father applied for my i130 9 years ago which has become current now, he went back to India and ...
  A: Unfortunately, since your father is no longer a permanent resident, the I-130 approval is invalid. A ...
retain priority date4/17/2008
  Q: I fall under FB2 category my priority date is 21 Feb. 1995 and i want to know if my sister who is a ...
  A: You cannot retain the earlier priority date in this instance. When your sister files for you (the F4 ...
follow to join4/16/2008
  Q: My husband is a Greencard holder and we were married before he applied. I am based in India and we ...
  A: I am assuming that your husband obtained his green card on the basis of employer sponsorship. As to ...
Priority Date for May 20084/12/2008
  Q: My priority date is Dec 1, 2003 in EB2 and the May 2008 bulletin makes it available. We had filed ...
  A: You can take all 3 steps noted in your email. The website for infopass is ...
Studying full-time while I485 pending4/11/2008
  Q: I am currently on L1B and have been applying for GC through my current employer. My current status: ...
  A: As long as you have the support of your employer, you are not required to be employed by the ...
Immigration4/3/2008
  Q: I am working on H-1 from Oct 2007 and I am changing my status from H-1 to F-1 and I will file the ...
  A: The USCIS will not care about New York/Oklahoma issues. The question is whether you are employed at ...
SOC CODE3/31/2008
  Q: Ajay I filed my 140 and 485 concurrently in aug07. I just noted that my I140 application has been ...
  A: Since the correct category (EB-2 versus EB-3) is checked on the I-140 petition, and the job title, ...
Immigration3/29/2008
  Q: I am working on H-1 from Oct from company A and I transfer to another company B but that is pending ...
  A: When filing change of status application from H-1B to F-1, attaching recent pay stubs from Co. A is ...
I-797 B amendment denial..3/27/2008
  Q: I need urgent help pls, I did master from US and I applied for H1 with my opt on april 2007, and ...
  A: You are not currently maintaining valid nonimmigrant visa status in the U.S. Therefore, you should ...
H1 Transfer w/o Pay Stubs3/25/2008
  Q: I came to the US on H1 in Dec 2007 and have been on bench since then without pay. Now I am getting a ...
  A: You are violating H-1B status by not being paid the agreed upon salary. I recommend that the new ...
change of status3/23/2008
  Q: Mr. Arora, my wife's change of status application from F-1 to F-2 has been recently approved. I'm ...
  A: I recommend waiting at least 2 months after your wife's change of status to F-2 before she files ...
H1 to H4 to H13/22/2008
  Q: I already have a H1 visa stamped (currently valid and unexpired) but have never traveled on that ...
  A: Since you can hold only one status at a time in the U.S., your H-1 will no longer be valid if you ...
OPT Hi Gap3/21/2008
  Q: I am an international student who is going to study on F1 visa for a one year MBA. I am in the USA ...
  A: You can change status to H-4 during the gap (from when OPT expires [+ 60 days grace period] until ...
applying for h1b but married to american3/20/2008
  Q: my petition has been approved (before i was married) and i am now about to go for the visa ...
  A: H and L visas are dual-intent visas, meaning that although they are nonimmigrant visas, they allow ...
H4 to H1 B conversion3/19/2008
  Q: I am on H4 visa now which will expire on sept 30 2008.Anyway my husband's employer's will extend my ...
  A: Please see the H-1B petition that has been prepared by your employer and see if "consular ...
Immigration3/18/2008
  Q: I am changing my status from H-1 to F-1 by joining the Kaplan that issue the I-20 for 6 month so I ...
  A: If the change of status application takes longer than I-20 validity for approval, the approval ...
H1B start date3/17/2008
  Q: I've recently graduated from a US university and am currently on OPT which started in Feb 2008 until ...
  A: You can request employment start date on H-1B petition no more than six months from date of filing. ...
I94 renewal3/15/2008
  Q: Last time my wife and kid entered US,their I94 was issued for the date of the passport validity-not ...
  A: Your family should have been issued I-94 until validity of their visa status. Therefore, it is a ...
Immigration Question reg H13/12/2008
  Q: I have applied for H1 in april 2008 and my OPT is available till February 2009.Can I travel to my ...
  A: You can travel on OPT in May, 2008 and enter on existing unexpired F1 visa in passport. If the F-1 ...
Marriage to a permanent resident3/11/2008
  Q: I have the Permanent Resident since July 2004. (I'm a Thai citizen and has been living in the US for ...
  A: If your wife applies for a visitor visa at the nearest U.S. Consulate, the application will probably ...
Immigration3/8/2008
  Q: First I would like to thank for your valuable time. I am changing my status from H-1 to F-1 how ...
  A: It will probably take several months for approval. To avoid any risk, I recommend maintaining H-1B ...
H1b issue3/7/2008
  Q: I was on OPT from Feb1,2007 till Jan31,2008. I started working for a company and they filed my H1B. ...
  A: Since the latest action by the USCIS (I-94 issuance) is for F-1, you are currently in F-1 status. ...
Immigration3/5/2008
  Q: I had joined the consulting firm and I am in H-1 B now my consulting firm is not finding me a ...
  A: You are not maintaining H-1B status if you are not being paid the agreed-upon salary by your ...
Immigration3/3/2008
  Q: While changing the status from H-1 to F-1 whether the USCIS will also notify to the company that the ...
  A: Your H-1B employer will have no knowledge that you have filed an application to change status to F-1 ...
Immigration2/28/2008
  Q: How risky is changing H-1 to F-1 status when that person in USA when that person first come in F-1 ...
  A: There is practically no risk of "fraudulent entry" or similar issues as long as you were in H-1 ...
About Immigration2/25/2008
  Q: I had a doubt if the person hold the H-1 of one company and transfer to another company B then while ...
  A: Co. B cannot revoke Co. A's H-1B petition. Therefore, if you continue to be employed by Co. A., you ...
Immigration2/23/2008
  Q: I would like to first appreciate your service. I come on USA on F-1 status and now I am in H-1 from ...
  A: Since you are continuing to work for Co. A, there will be no problem if change of status to F-1 is ...
Immigration2/21/2008
  Q: I am working on H-1 with Company A from Oct 2007 since I transfered to another Company B and now ...
  A: Actually, I stand corrected. Since you are still continuing to work for Co. A (and I assume have not ...
H1 transfer without paystubs2/18/2008
  Q: Ajay, I am working with company A, on L1 and I also have a valid H1-B approval from Company B. I ...
  A: You are now currently in H-1B status through Co. B. Therefore, for you to be granted extension of ...
Immigration2/17/2008
  Q: I am changing the status from H-1 to F-1 and my credit history is really bad does that affect or not ...
  A: Your credit history will have no bearing on F-1 approval, since the USCIS does not routinely check ...
Immigration2/16/2008
  Q: I am working on H-1 with Company A from Oct 2007 since I transfered to another Company B and now ...
  A: F-1 application can be filed now. However, you should not withdraw the pending H-1B application. For ...
Immigration2/14/2008
  Q: I had the H-1 with company y and I transfer to another company Z and now the company z is threating ...
  A: If Co. Y has not revoked their H-1B petition, and assuming that it has not expired, you can go back ...
Marrying a Canadien2/10/2008
  Q: She lives in toronto im in denver we want to get married here when she visits next time if we get ...
  A: Your fiance can travel for up to 180 days without a visa. When she visits you, I recommend waiting ...
H1-b visa to H4 visa conversion2/9/2008
  Q: I have H1-b visa. I had to do 3- yr visa extension for another 3 yrs in Nov 1 2007. But I forgot to ...
  A: In order to be granted extension or change of status, you normally must file the appropriate ...
Immigration2/7/2008
  Q: I was a H-1 with company A and transfered to company B and that is approved but Company A has not ...
  A: In order to change status to F-1, you should provide evidence that you are currently maintaining ...
travel during H1b processing2/5/2008
  Q: I am a Canadian citizen residing and working in the US under an F1/OPT visa. I have received an ...
  A: You are legally able to travel on your unexpired F-1 visa. However, travel during the OPT period is ...
married and in U.S. and got visa form for F2B process2/4/2008
  Q: first of all ,i want to thank you because you are really doing a good job by giving answers of ...
  A: Since F2B category only applies to unmarried children of green-card holders, your wife will not be ...
Reg EAD and H1 @ d same time2/3/2008
  Q: recently my husband got his L2 visa, he is planning to come here in March for a week,apply for EAD ...
  A: Your husband does not have to be in the U.S. after the EAD application is filed. A company can file ...
Filing of PERM labor certification2/2/2008
  Q: The employer filed a labor as Programmer Analyst in 2003 which was approved by backlog center and ...
  A: Your employer can file a PERM application for you. However, the PERM application will have a new ...
Filing for 16-year-old sister1/30/2008
  Q: I am a U.S. citizen now and want to file the I-130 for my parents, who currently live here in the ...
  A: Yes, file a seperate I-130 for each parent. Your parents are considered "immediate relatives". Re. ...
F-1 marrying US Citizen Needs to leave country for health reasons1/27/2008
  Q: I am an F-1 visa holder in good standing and enrolled in university. My Visa expires in August. I ...
  A: Since it can take 3 or 4 months for advance parole document to be issued, I recommend that after all ...
Son-in-law needs green card1/26/2008
  Q: My daughter met her husband in college 2 years ago, he was on a student visa which was changed to an ...
  A: The relevant forms with application fees are I-130; I-485; I-765; and I-131. There are other forms ...
f1 visa to greencard help fast1/19/2008
  Q: My husband came as an F-1 visa. I am a US citizen and we got married 9/2007/ We just sent his ...
  A: If you submitted both the I-130 (petition for alien relative) and the I-485 (adjustment of status ...
H1B to F21/15/2008
  Q: I am on H1B status in CA and I want to switch to F2 and stay in VA. I want to know when will I be on ...
  A: You should resign from your H-1B job only when the application to change status to F-2 is approved. ...
Need to get my wife legal...1/14/2008
  Q: My wife entered through Mexico about 3 years ago and was entered into the immigration process where ...
  A: Since your wife appears to have entered the U.S. legally, she should be able to adjust status within ...
Query regarding change of status1/11/2008
  Q: I am planning for status change from H1 to H4.I had an H1 transfer done few months back and have not ...
  A: Yes, your H-1B approval notice should be submitted along with recent pay stubs to show that you are ...
Applying for US citizenship and a spousal visa1/8/2008
  Q: First I would like to thank you for your service. I have been a US permanent resident since I was 6 ...
  A: You should apply for naturalization through Form N-400: http://www.uscis.gov/files/form/N-400.pdf ...
Green card question1/7/2008
  Q: This question isn't that specific but I'd be grateful for any advice. I'm a British citizen that ...
  A: If you are planning on entering the U.S. every six months, you will not be asked any questions at ...
L1 to H1 transfer1/5/2008
  Q: I entered US on L1B visa from company A and Company B had applied for my H1B visa. I did not want to ...
  A: In order to work for Co. B, you can either go to a U.S. Consulate outside the U.S. and enter the ...
Family based petition1/1/2008
  Q: I have been in the U.S. for the last 9 years, went to school for all these years and currently ...
  A: When you apply for adjustment of status based on current priority date in the F4 family-based ...
Green card and H1B12/30/2007
  Q: my first stage - labour, second stage - i140 is approved... 3rd stage - 485 applied and pending as ...
  A: When you are married, your wife will be able to file I-485 (and associated applications such as ...
Terminating / Canceling Green Card12/28/2007
  Q: My husband petition for his parents via I-130 to immigrate to the US, they were given their green ...
  A: Since the parents have already received their green cards, only the parents can renounce their green ...
Bringing Spouse to U.S.12/24/2007
  Q: I recently married my boyfriend who happens to live in Jamaica. Will it be difficult to bring him ...
  A: Supporting your spouse for a K-3 visa is a faster method of bringing your spouse to the U.S.: ...
wife of US citizen wants to have tourist visa12/23/2007
  Q: I am a filipino and married to a US citizen for 8 years now, He got already his permanent residency ...
  A: You should apply for a visitor visa (B-2) to enter the U.S. The Consulate is likely to issue the ...
H1B transfer from non profit to profit organization12/21/2007
  Q: For a transfer of H1B visa from Non-profit to profit organization, do I need to wait until the month ...
  A: You will be subject to the H-1B visa cap in this situation. This means that the earliest that the ...
I48512/20/2007
  Q: about 5 weeks ago I had my interview at the local immigration office in Hartford, CT. I was told ...
  A: Yes, the online system is fairly accurate in terms of processing time estimates for most cases. The ...
I48512/19/2007
  Q: about 5 weeks ago I had my interview at the local immigration office in Hartford, CT. I was told ...
  A: Your green card should be coming anytime. You should not get married until you receive your ...
unsure12/17/2007
  Q: Arora, I'm in the USA on a CR1 visa and working at a university here. My marriage is not working ...
  A: A conditional resident such as yourself is normally expected to file a petition jointly with the ...
F2-H1B12/13/2007
  Q: i am with my F2 currently, i volunteer a company which love to sponsor me for H1B visa. so the ...
  A: The company cannot legally pay you any amount either directly or indirectly. Therefore, a stipend is ...
Options12/12/2007
  Q: My fiance and I have beentogether for three years. We have a one child together born in the US. ...
  A: When you are married, your wife will be unable to adjust status in the U.S. since she initially ...
married Canadian citizen, parents applied for F2B visa12/10/2007
  Q: I am Indian Born and now Canadian citizen (married). My parents are US Citizen , they did my ...
  A: You are now in the F3 category based upon your marriage. I recommend the filing of another I-130 ...
trying to help a friend12/8/2007
  Q: A friend of mine is married to women from USA and is here on a F2 visa,his greencard still has not ...
  A: A divorce prior to your friend's adjustment of status interview (based on marriage to a U.S. ...
K4 Visa12/6/2007
  Q: I have a friend who has recently come to the United States with a K4 visa. As his mother got married ...
  A: Before your friend turns 21, he will need to change to another nonimmigrant visa category such as ...
change of employer -H1B extension approval pending12/4/2007
  Q: My H1B expires by 31st dec 2007 and i have applied for extension and the application status is ...
  A: You can change your employer anytime. You can also have multiple H-1B approval notices, and as long ...
Married to green card12/3/2007
  Q: My brother in law entered the US on a Student visa and has expired for over 4 years. He is afraid ...
  A: If your brother-in-law is married to a U.S. citizen, he can be sponsored and adjust status in the ...
U.S. Citizen marrying a Japanese citizen11/29/2007
  Q: My friend is a U.S. citizen. He married a Japanese woman whose visa was about to expire while she ...
  A: The Japanese spouse would apply for a K-3 visa at a U.S. Consulate in Japan once the initial ...
First name problem in passport11/23/2007
  Q: The first name in my passport is having space in between it. i.e my actual name is YUVRAJ (as per ...
  A: On the application I recommend that you specify YUVRAJ (your actual name). If possible, try to ...
Visa Wavier program11/19/2007
  Q: my name is Robert. I have been in america twice now, both times for a summer camp - On j1. last ...
  A: There is a 30-day grace period in J-1 visa status, so it is OK if you remain for 30 days after your ...
H1 transfer without ever been to US11/17/2007
  Q: I have got my H1 stamping from company A; and now I switched to the company B. Company B now likes ...
  A: You would be subject to the visa cap again since you were never actually in H-1B status (you never ...
I had a baby in USA with a Visa, Now I´m going to ask for a J1 visa, what could happen?11/16/2007
  Q: I am going to apply for a visa J1 (I already have my employment contract) I have to fill out the ...
  A: You must tell the truth about any family members. Having a baby in the U.S. should have no bearing ...
H4 to H1 Status11/14/2007
  Q: My wife has joined me on H4 visa this February. She applied for H1B on April. Later she became ...
  A: Due to your wife's medical condition, it is OK if she starts work in Jan. '08. She can apply for ss# ...
immigration11/13/2007
  Q: 1)whether it is necessary for green card holder to inform immigration authority(AR-11) about change ...
  A: Form AR-11 should be filed. If a person entered on an immigrant visa (not on a nonimmigrant visa ...
F1 to marriage11/9/2007
  Q: I am a Spanish citizen on an F1 Visa currently taking my first semester at College. I have been ...
  A: Once you are married to a U.S. citizen, you can be sponsored by your spouse and will receive ...
OPT expiring11/6/2007
  Q: I finsihed my B.S in Electrical Engineering in Jan'07 and one consulting compnay applied for my H-1 ...
  A: Prior to Jan. 14, '08, you should either extend student status by being issued another I-20 and ...
F1 student and arrest11/4/2007
  Q: I am an F1 student married to a Citizen for 5mths now. My husband is abt to send off the I485 form, ...
  A: Since there was no conviction, your I-485 should be approved. On page 3 of the I-485 you should ...
H1B transfer issue11/2/2007
  Q: I need to discuss about my H1b extension petition denial case. Here is the background and current ...
  A: Since you are unable to work for Employer C legally without the H-1B visa stamp in Employer C's name ...
FBI background check11/1/2007
  Q: I lost my legal status when my husband divorced me. It has been almost a year and a half since I am ...
  A: There is no risk of deportation based on sending fingerprints for FBI check. However, do not ...
H1 TO L1, L1 TO H110/29/2007
  Q: Currently I am on H1 for last 9months and my company wants me to change from H1 to L1. On this ...
  A: You would need to have worked for the company in India for at least one year during the past 3 years ...
Adding spouses application10/27/2007
  Q: Can you please help me with this question? I applied for my I-140 and AOS concurrently this year ...
  A: You must be married before your I-485 is approved in order for your spouse to be able to file AOS ...
Wife and Son10/25/2007
  Q: I married Chinese woman in Aug. 07. I am filling out I-130 petition and she filled out with her 19 ...
  A: Since the child was not less than 18 years old when you married his mother, you will be unable to ...
Illegal marries US citizen10/23/2007
  Q: my name is Donald and I was wondering if I could marry my girlfriend here in the USA? Well I came ...
  A: You can marry at any time. However, for you to obtain legal residency in the U.S. through spousal ...
H1b1 Stamping10/21/2007
  Q: A small consulting applied for myH1b1 thsi year in April 2007 and it got approved but when I went ...
  A: I will not comment on the first question, as I cannot predict whether the Consulate will issue the ...
H1 options: renewal and transfer, or green card?10/14/2007
  Q: I have been in the states studying since 95. Afterwards, I have been working in company A for 2.5 ...
  A: You are totally dependent on Co. B to file H-1B petition for you. Co. B would request 3-year ...
H1 as a consultant10/6/2007
  Q: I am a student on F1 visa and will start my OPT soon. I want to know if it is possible to work in ...
  A: You can open your company (even if you are the only employee). Please see an Accoutant as to what ...
H1 b transfer10/3/2007
  Q: I have approved H1b (under MS quota) with effective date as 1st Oct 2007.My OPT is valid till 30th ...
  A: Since you have been granted change of status to H-1B, you can transfer your H-1B to another employer ...
H1 Transfer10/2/2007
  Q: I was working for some company A, after a while company A didn’t had any good projects in USA so ...
  A: Since Co. B has filed for you, it is OK if Co. A revokes its H-1B petition. You can start working ...
H1 b transfer9/30/2007
  Q: I have approved H1b (under MS quota) with effective date as 1st Oct 2007.My OPT is valid till 30th ...
  A: If there is an I-94 attached to the bottom of the H-1B approval notice, you have been granted ...
Sponsoring a Spouse a 2nd time9/28/2007
  Q: I have a question. I'm married and alien and sponsored him to the US. It didn't work out but we ...
  A: There is no problem in marrying the second individual. There is no minimum period of time (after ...
US Citizen filing for spouse with F1 Visa currently living in the USA.9/27/2007
  Q: US Citizen filing papers for spouse with F1 Visa currently living in the USA. First and foremost ...
  A: Your husband should have a medical exam completed on Form I-693: ...
I-1409/25/2007
  Q: My case is not your usual H1b with big corporate sponsorships. After I got my MBA here in the US, ...
  A: It is good that you are filing I-140 separately from I-485 for two reasons: a). your wife's F-1 will ...
my chinese wife9/20/2007
  Q: me and my wife were married in china for about 2 years and she has passed her visa and now holds a ...
  A: Once 2 years and 9 months have passed since your wife became a resident (her green card will state ...
I-130 cancellation9/16/2007
  Q: I'm an F1 student married to Permanent Resident for almost two years and I filed for I 130 in july ...
  A: There is no problem. There may be some questions about whether you marriage with the permanent ...
Immigration to US9/14/2007
  Q: My family have been petitioned by my fathers sister living is US , Our priority date is March 31 ...
  A: Once your parents are permanent residents, they can sponsor you (provided you continue to remain ...
My Mother green card application9/11/2007
  Q: I am a U.s citizan and my mother just arrived U.S to visit us. I would like to apply green card for ...
  A: The I-485 can be filed at the same time. You are also required to file G-325A (Biographic ...
Mat9/10/2007
  Q: Is there a regulation or restriction that H1B employee cannot get sponsored/applied a green card by ...
  A: Your lawyer is correct that you cannot use any of the skills or experience gained as a requirement ...
notify embassy9/9/2007
  Q: i went here in the United States as a tourist visa, and changed my status to student visa, taking my ...
  A: Since the H-1B petition that was filed apparently requested consular notification rather than change ...
REGAINING GREEN CARD9/3/2007
  Q: Greetings! I would like to ask the expert about my status. I became a resident in the united ...
  A: Your husband would need to sponsor you again. Upon entry into the U.S. on visitor visa status, wait ...
I-948/29/2007
  Q: I have a domestic employee working for me in my home. She is here legally, and has an employment ...
  A: As long as her extension was filed before expiration of her I-94, she is able to remain legally in ...
H1B versus EB Green Card8/27/2007
  Q: I am currently under OPT and work as a music publishing administration manager in New York. I would ...
  A: There is no disadvantage (other than cost/time) in applying under the EB-1 category now. Filing will ...
B1-B2 to any permanent visa..8/22/2007
  Q: I am in the US now, its been about 20 days, my I-94 expires at feb-2008, and I would like to be ...
  A: Employer sponsorship is covered here: http://www.foreignlaborcert.doleta.gov/perm.cfm Basically, ...
H1b change of status denial8/20/2007
  Q: My H1b change of status got denied with the reason stated that I did not have status from the time ...
  A: Yes, a Motion to Reopen should be filed. Obtain a letter from the International Student Advisor at ...
Legal issue question?8/19/2007
  Q: I'm in US with H-1B Status and working for company-A, Got new H1 with Company-B. Went out of country ...
  A: The I-94 issued at the POE was the latest action by the USCIS, and took precedence over the H-1B ...
US naturalization and citizenship8/15/2007
  Q: I have 2 questions. 1. I came to US first on sept 19 2000 as a permanent resident and went back on ...
  A: You can file N-400 up to 3 months before Oct. 28, 2007. In other words, it is OK to file now ...
Desicion I need to take8/14/2007
  Q: I have a Girl Friend that is going to have a child of mine. I came to this country at the age of 2. ...
  A: If you entered the U.S. legally, then marriage to a U.S. citizen (even if you overstayed your visa ...
OPT- H1B Gap8/10/2007
  Q: My opt ended on july 31st. my H1B visa is approved and COS is approved from oct 1st.I have a gap of ...
  A: Since you were granted change of status (there is a new I-94 attached to the bottom of the H-1B ...
OPT to H!B8/7/2007
  Q: I have received my H1B approval valid from 1st of oct, 2007.I graduated on 11th june 2006 and my OPT ...
  A: Since you were granted change of status to H-1B (effective automatically on October 01), you can ...
Lost EAD8/6/2007
  Q: I recently lost my EAD card.My H1 visa has been approved and will be effective from October 9 2007.I ...
  A: I recommend applying for a duplicate EAD card before your departure by submitting Form I-765 again: ...
wy wifes overstay issues7/31/2007
  Q: im active duty military and met my wife (japanese national) in Japan while stationed there. We ...
  A: Although she cannot extend her nonimmigrant status since she entered on a visa waiver, she can ...
l-947/27/2007
  Q: l came legally to the u.s 10yrs ago with b1/b2 visa.l lost my 1-94 but still have still have my ...
  A: You can get married anytime. In order to adjust status in the U.S., however, you need proof of legal ...
H-1B NOT FOR PROFIT7/25/2007
  Q: I WAS GOING TO START WORKING WITH A BIG FIRM ON AUGUST 2007, UNFORTUNATELY I WENT THROUGH A LOTTERY ...
  A: The non-profit would need to file an H-1B petition for you. Incidentally, not all non-profits are ...
fiancee7/13/2007
  Q: Can a fiancee marry another man other than her petitioner if the relationship didn't work out?can ...
  A: If the fiancee does not marry the petitioning fiance within 90 days of entry, there is no way to ...
L1 and H1 visa7/4/2007
  Q: I am now in India. My present Indian employer is processing my L1 visa which will be ready next ...
  A: If you enter on L1 visa, you must work only for the L1 employer. If you wish to work for the H-1B ...
F1 - OPT7/2/2007
  Q: I've just received my OPT. I want to form and LLC and run it but not obtain any form of ...
  A: Although you can open a company, you cannot receive a salary or even be involved in "actively ...
F1 to L1 or E17/1/2007
  Q: I am on a student's visaand I am in my 5th semester in college, is there a way change my status to ...
  A: L1 requires you to have worked abroad for a branch or subsidiary or affiliate of the U.S. company in ...
I-30 receipt6/30/2007
  Q: How long does it take to get a receipt showing they received your I-30 and other related forms? I ...
  A: If you have only filed I-130, your wife would need to maintain her nonimmigrant status (such as ...
L1-L2 visa change6/28/2007
  Q: My wife is currently working in L1 visa and her company says she needs to go back to India in ...
  A: Since the L2 was filed while she was still maintaining L1 status, it is OK if she is removed from ...
Friend cant get his visa, wants to stay6/24/2007
  Q: one of my best friends was sponsored to go to the same college as i did from Antigua. He graduated ...
  A: Your friend would need to be sponsored by an employer for a position which requires a relevant ...
Filing instruction of form I-7516/18/2007
  Q: Currently I am a conditional permanent resident. I would like to file I-751 now. Last year I ...
  A: I recommend checking yes. If there is an interview, you should be ready to state that your primary ...
Your contradictory answers on H1B usage6/15/2007
  Q: I had a query regarding H1B. I have an H1B visa stamped sponsored by Company A. Its been 7 months ...
  A: Since your intention upon entry into the U.S. would be to work for Co. B only, this company (Co. B) ...
Change of Status6/10/2007
  Q: I have a question regarding my visa.I am in USA.I am currently on F2 visa.I have applied for the H1B ...
  A: If your H-1B petition is approved, you will be granted change of status automatically on October 01, ...
Reg H1B6/5/2007
  Q: I already have a valid H1-B visa stamped from Company "A" . It was stamped on November 2006 . ...
  A: I agree with Company B's advice. When entering the U.S., show the approval notice for Co. B. There ...
immigration issue5/28/2007
  Q: my son is green card holder got through EB1 multinational executive /manager catagorey /was directly ...
  A: As long as your son get married before his I-485 is approved, his wife will be able to adjust status ...
I-130 Recipet time5/26/2007
  Q: I am a U.s Citzen petitioning for my Pakistani spouce using the I-130 and will use the I-129F for a ...
  A: Yes, recently the USCIS VT Service Center has been taking 3 weeks to issue a receipt notice for any ...
I-751 Form and Biometrics5/23/2007
  Q: Question 1: Did the new I-751 form change the requirement to include the $70.00 Biometrics fee at ...
  A: The USCIS filing fee is $205, so the I-751 should have been mailed with that fee. Occasionally a ...
sealed arrest5/21/2007
  Q: Do arrests that result in dispositon in your favor ( sealed/dismissed ) appear in CIS checks for ...
  A: You must disclose all arrests on the naturalization application, even if sealed and/or dismissed. ...
H1 B5/20/2007
  Q: I am currently working for employer A in US. I came to India on a vacation.Before i came to India i ...
  A: Employer B can file during your absence from the U.S., but if you enter the U.S. prior to H-1B ...
expat brother married chinese wife5/14/2007
  Q: My brother is an American citizen living in China where he teaches English. He recently married a ...
  A: The appropriate category for entry of your brother's wife is K-3 visa. Both an I-130 and an I-129F ...
EAD for spouse of H1-B holder just applying for Green Card5/13/2007
  Q: I am a single unmarried male from India, presently in US on H1-B visa. My employer has just started ...
  A: The I-140/I-485 cannot normally be filed together for Indian nationals. The priority date must be ...
H1B and Canada work permit5/12/2007
  Q: I am outside US with L1B visa supported by my current employer A and waiting for the approval of H1B ...
  A: Employer B's H-1B petition, effective on October 01, will be activated only if you obtain H-1B visa ...
work permit5/10/2007
  Q: My father brought me to the u.s. when I was only 5 years old and have had my petition approved since ...
  A: The quickest way to obtain your green card is to marry your fiancee. Within 3 months you will ...
Perm- labor certification5/9/2007
  Q: I am in US on F2 visa, my husband is still in F1 status. An american citizen is willing to sponsor ...
  A: A PERM application on Form ETA 9089 can be filed even though you are in F visa status. However, the ...
Immigration and Divorce5/7/2007
  Q: I am an immigrant and my american citizen husband and I want to get divorced. I do not have my green ...
  A: If you get divorced before you receive either the conditional or permanent resident status, the ...
Green Card5/5/2007
  Q: I have a question regarding to my OPT. My Opt is experied on3/23/07.I know I have 2 months grace ...
  A: As long as you initially entered the U.S. legally, and as long as you marry a U.S. citizen, you will ...
H1B transfer in OPT status5/3/2007
  Q: I currently in OPT status (expires in dec 07) My H1B has been approved by Employer A (NY) and is ...
  A: The regular visa cap has been reached, and the U.S. Master's degree cap will be reached any day ...
Am I qualify for citizenship?5/2/2007
  Q: I was out of the country 3 times back in year 2002, 2003, 2004 but none of those trip were staying ...
  A: Since you have been physically present in the U.S. for more than 50% of the time in the 5 year ...
Green Card and L2 application5/1/2007
  Q: I am currently working at Chicago, on L1 visa. I am engaged to a girl,who works in Ireland, and her ...
  A: Once you marry your girlfriend, she can apply for and receive L2 visa. This visa status allows for ...
student visa into a green card4/30/2007
  Q: My daughter's friend is here on a student "F" visa.. she has a 4 year scholarship to a school here ...
  A: Your daughter's friend can work on-campus part-time while she is a student. In addition, she would ...
application for naturalisation4/26/2007
  Q: I have a question about the naturalisation application. I had an arrest which was dismissed in my ...
  A: I recommend sending a letter to the USCIS (attach copy of the N-400 receipt notice with case number ...
B2 to H14/20/2007
  Q: my B2 is valid until June 4th/2006. I found an employer who is ready to sponsor an H1 to me, the ...
  A: The H-1B visa cap has been reached for all employers ...
help me4/15/2007
  Q: im dating a guy who just told me he married a woman from gutamala so she could stay in the us. now ...
  A: A person can file for divorce anytime; there is no minimum amount of time that a person must be ...
criteria of approval: i-90 vs. i-1304/8/2007
  Q: Me, and my brother, are U.S. citizens, but my parents, who have been staying here only for couple of ...
  A: I-90 is better as maintaining residency is not an issue if entry is made once a year (once every six ...
Spousal Sponsorship4/4/2007
  Q: I met my fiance while living in France. He is a citizen of Tunisia but currently living in France ...
  A: You can be married anywhere outside the U.S. and the USCIS will recognize it as a valid marriage. ...
What to do after Associates Degree...3/28/2007
  Q: I am in USA from last 2 years now. And I am almost done with my Associates Degree in Radiology ...
  A: The standard working visa (H-1B) requires a bachelor's degree. You can work on-campus for 20 hours ...
reentry with green card3/26/2007
  Q: how many months/year can u stay out of country if u have a green card. i am from phillipines. but ...
  A: You can stay outside the U.S. for up to one year. If you will be outside the U.S. for between 1 and ...
Question on how much money I need3/21/2007
  Q: I would like to know if I don't make enough money to sponsor my wife to come to the USA, how much ...
  A: In order to qualify based on the value of your assets, the total value of your assets must equal at ...
change of status3/19/2007
  Q: i am just wondering i have a 10years b2 visa now, in case my change of status is denied (i hope not) ...
  A: Although you sign the I-539, the school should send the application. The probability of approval is ...
Family Based Immigration3/17/2007
  Q: Sir, My Brother is a US Citizen, He filed a petition for my parents , the process took about a year, ...
  A: Yes, apply for a F-1 (student visa) upon admittance to a University. You will be issued Form I-20 by ...
L1 - L2 visas3/12/2007
  Q: My husband has an L1 visa and as a result I have an L2 visa, howver we seperated 6 months ago and ...
  A: Since you are not divorced, you continue to maintain L-2 visa status. There is no action to be taken ...
change of status3/8/2007
  Q: i am just wondering i have a 10years b2 visa now, in case my change of status is denied (i hope not) ...
  A: If the F-1 application is denied, you will be considered to have been in legal status while the ...
Green Card3/6/2007
  Q: My wife received her green card after we were married in 1981 and it was never renewed. Does that ...
  A: Your wife continues to be a permanent resident. However, my recommendation is that she not travel ...
difficult to enter us?3/5/2007
  Q: My boyfriend will be traveling over here to the US next month and he is planning on staying for 90 ...
  A: As a citizen of the U.K., your boyfriend can enter the U.S. without a visa under the visa waiver ...
H1B out of status3/3/2007
  Q: My contract with company A will be terminated on March 7. Meanwhile, company B is going to start ...
  A: There is only a 10-day grace period in H-1B status, so Company B should file you for within 10 days ...
I751 and divorce2/26/2007
  Q: I have found myself in a somewhat unique situation. I am involved with a woman who was sponsored by ...
  A: She should file the I-751 after the divorce. I recommend that she start collecting evidence of the ...
opt gap2/24/2007
  Q: I had a query about OPT gap . My opt expires July,14th of 2007 and my company is applying for my h1 ...
  A: The USCIS will approve the H-1B petition, which will have an effective start date of October 01, ...
H1B1 for Singaporean2/11/2007
  Q: actually I have two questions. 1) I'm now working in company A on H1B1 visa for singaporean. I ...
  A: You cannot change to H1B (with the same employer) until your H1B1 status is about to expire. Then ...
Green card2/10/2007
  Q: Mr Arora: I am asking this question for a friend who is limited in English. She has a green card, as ...
  A: Leong, Your friend can travel outside the U.S. for up to one year at a time. If she will be ...
Employment2/8/2007
  Q: My friend isn't a citizen but her mother a U.S. citizen. She wants to get a good job but she is ...
  A: Unless your friend is here illegally, it really should not matter whether she is a U.S. citizen or a ...
Wifes Papers2/6/2007
  Q: My wife and I are trying to get her papers. My wife is on a scholarship for school in a different ...
  A: It is OK if you have separate addresses. You will be able to explain the situation at an interview, ...
H1B2/5/2007
  Q: In 2005, I worked for a private company A with H1B. In 2006, my H1B got transferred from Company A ...
  A: Since the organization that initially filed H-1B for you was a private company, you are not subject ...
N400 Approved but oath letter not rcvd2/4/2007
  Q: My wife cleared the N400 interview and was approved for citizenship 3 months back. However, she ...
  A: Your wife should contact the office of the USCIS where the N400 interview took place to follow up on ...
Tourist Visa2/2/2007
  Q: I would be grateful to you for informing me whether a person can sponsor his mother-in-law to come ...
  A: You cannot sponsor your mother-in-law and assure that she will actually be issued a visitor visa. ...
Conversion1/29/2007
  Q: Can a person here on a H-1 visa in any way qualify for conversion to any type of Education visa if ...
  A: Yes, you can change status to a student visa (the most common categories are F-1 and M-1) if the ...
K-3 visa question1/28/2007
  Q: I am an American citizen and my wife is a Chinese citizen. We've been married for 3 years and 6 ...
  A: The affidavit of support by your sister should be OK as long as the minimum income requirements are ...
Naturalization, I-130, I-485.1/27/2007
  Q: I am an unmarried 18 year old living in southern california. My mom brought me here from Hong Kong ...
  A: Your Mom can sponsor you through I-130/I-485 as soon as she becomes a naturalized U.S. citizen. ...
I-131 info1/26/2007
  Q: I was just wondering about the I-131 form(travel).I am in the process of adjusting my status and ...
  A: If you mail in the form, you can expect to wait for about 3 months before advance parole document is ...
i1401/24/2007
  Q: I petitioned for my brother several years ago.We have recieved a transfer notice this Dec/06.My ...
  A: I am assuming that you are a U.S. citizen, and that your brother has been sponsored in the F4 (4th ...
Re-entry with "old card"1/23/2007
  Q: I applied for a "replace alien registration card"; did the biometrics. I've received an approval ...
  A: I recommend that you go to the local USCIS office and obtain a temporary green card stamp in your ...
Moving back to US1/20/2007
  Q: I am married to a US citizen (married 1993) and until September 2003 we lived in the States. Since ...
  A: Since you have been continuously outside the U.S. for more than one year without a re-entry permit, ...
visa to US from UK for a Chinese1/14/2007
  Q: my siter ( Chinese from mainland china,) she is in UK now. she wants to come to US . if she gets ...
  A: The U.S. Consulate in the U.K. will be unlikely to issue your sister a student (F-1) visa unless she ...
marriage1/10/2007
  Q: 19 yr old daughter wants to marry young man she met in high school who we found out is illegal. what ...
  A: Your daughter can marry and then sponsor her husband. However, her husband will be unable to adjust ...
h1 application1/9/2007
  Q: I have done my masters in Economics in 2005 on h4 status. I have got a job and my company is ready ...
  A: Since you possess a U.S. master's degree, you are included in the master's quota. The company can ...
Marriage question1/5/2007
  Q: I came to USA 5 years ago with F-1 from Latvia and never went to college.On I-94 no exp.date. I am ...
  A: You can be sponsored through marriage to a U.S. citizen, and adjust status in the U.S. without any ...
Naturalization number12/31/2006
  Q: I AM A USA BORN AMERICAN CITIZEN AND I AM BEING ASKED WHAT MY NATURALIZATION NUMBER IS HOW DO I ...
  A: You can answer "not applicable" and add a note that you were born in the U.S. The naturalization ...
Having part time job with H1B visa?12/28/2006
  Q: I am currently working in the States on H1B visa for a company. I am wondering whether I can get a ...
  A: H-1B status is employer specific, and therefore if you want to work elsewhere the new employer must ...
Applying to AOS during F1 grace period12/21/2006
  Q: My F1 OPT expires on 01/02/2007. I have applied for a COS to H4 (based on my husband's approved H1B ...
  A: If your husband's I-140 under EB1 category is approved, AOS for you and your husband can be filed ...
H4 to H1 conversion12/20/2006
  Q: I have a question for you. I'm on H1 status. My wife is on H4. She has enough experience to work on ...
  A: Your wife's employer in the U.S. should file an H-1B petition requesting change of her status from ...
H1 visa12/19/2006
  Q: My dad has an H1 visa and he filed an I-130 for me but it got approved November 4, 2006. I turned 21 ...
  A: The I-130 can be filed only by a permanent resident or U.S. citizen. If your dad has H-1 visa, ...
H1 Transfer12/17/2006
  Q: I am currently on an H1b visa and i moved to another state and would like to transfer my H1 to ...
  A: The H-1B petition can be filed by the new company. However, since you do not have recent pay stubs, ...
Immigration Question12/15/2006
  Q: Q-After divorce, can my wife immediately marry a citizen and get green card sponsored from her new ...
  A: Yes, your wife can marry another U.S. citizen immediately after the divorce, and the U.S. citizen ...
J-1 to H-1B12/14/2006
  Q: I have a J-1 visa (postdoc)valid until 6/2008 and I am excepted from the 2 years rule. A ...
  A: It appears that you will be subject to the H-1B visa cap. Therefore, the earliest that the H-1B ...
Just filed I485 and got dream job offer overseas12/12/2006
  Q: Mr. Arora, First of all, I appreciate your kind help. I just filed I 130 and I-485 after I married ...
  A: If you depart the U.S. without being granted either conditional or permanent resident status, or ...
H-1B and L-212/11/2006
  Q: currently i have an H1-B visa stamped last month.My wife has gone to U.S last month on L-1.she has ...
  A: You will be issued the L-2 visa without a problem, but the Consulate will probably cancel the H-1B ...
I-94 from H4 to H112/10/2006
  Q: My H1 application was filed from India in May, 2006 and has been approved in Oct, 2006 but meanwhile ...
  A: Yes, you can apply for H-1B visa at any U.S. Consulate in Canada or Mexico, or in your home country. ...
advance parole12/8/2006
  Q: I have an i -485 pending and changed employers in the same profession after I-485 pending for over a ...
  A: Even though it is recommended that you inform the USCIS that your new job is in the same or similar ...
H4 Visa12/4/2006
  Q: Iam living in US on H4 visa. My H4 and my husband's H1 is valid till 2008. My husband is planning to ...
  A: I understand that your husband and yourself have respective H-1B and H-4 visa stamps in your ...
Different Addresses12/1/2006
  Q: While filling I-129F for his fiancee, he wrote an address which was different from that that was ...
  A: There is no problem with having different addresses if there is an explanation. For example, the ...
H1B1 (USSFTA) Transfer11/30/2006
  Q: I am on H1B1 visa which was issued under US-Singapore FTA. If I want to change job, new company will ...
  A: You can work for the new employer as soon as the H-1B petition has been filed by the new employer. ...
Hi to L1 Transfer11/29/2006
  Q: My situation is similar to http://experts.about.com/q/Immigration-Issues-344/L1-H1-L1-1.htm I ...
  A: You are now automatically in H-1B status. It cannot be changed unless you either: a). depart the ...
Difficult situation11/28/2006
  Q: My wife who is Colombian descent and british citizen last November 30th 2005 were married. We ...
  A: I am assuming that the marriage interview with the USCIS where you are both present has not yet ...
L1 to H111/21/2006
  Q: 1) I am currently on L1 visa and i do have a valid H1B which was valid from 2005 till 2008 but i did ...
  A: In order to active H-1B status, you need to apply at a U.S. Consulate abroad for an H-1B visa, and ...
F-1 filing for AOS11/20/2006
  Q: I will be getting married to a US citizen. I am currently in good status. Do I have to continue ...
  A: After marriage to a U.S. citizen, your husband will file the appropriate paperwork (which includes ...
US child11/18/2006
  Q: I have an American baby (months old). My husband is here on H1B but I had her on a visitors visa. I ...
  A: Your daughter is automatically a U.S. citizen and can enter and stay in the U.S. without any ...
L2 visa11/17/2006
  Q: the fact is as follows: Wife went to U.S. under L1 visa. Afterwards, husband filed L2 visa ...
  A: Since the husband is outside the U.S. at this time, he should apply for an L-2 visa directly at the ...
Nunc Pro Tunc denied11/16/2006
  Q: Respected sir, I am on H4. my visa expired on 2nd jan’2006. my husbands company forgot to file my ...
  A: You should depart the U.S. before 365 days are reached. If you fail to do so, you may be subject to ...
foreign national marriage11/12/2006
  Q: I am a legal, permanent US resident. As such I do not qualify to apply for a Fiance Visa for ...
  A: You must be a U.S. citizen in order to file a fiance petition for a fiance. Your spouse would then ...
H4 extension, out of status for more then 180 days11/9/2006
  Q: We have recently filed for H4 extension approval after realising my husband's company didn't file ...
  A: If the extension is not granted by the USCIS, there is no appeal. You will need to depart the U.S. ...
L1 to H1 -ina dilemma11/8/2006
  Q: Sir,thank you for the prompt reply. She wants to work on H1 for company B. Is it necessary for her ...
  A: If your friend does not want to apply for H-1B visa at a Consulate, then the alternative is for Co. ...
L1 to H1 back to L111/7/2006
  Q: I want to know how soon should i change my status back to L1. It is already a month now and is there ...
  A: You cannot legally work for Co. A at this time. (Please see our response to your earlier email). ...
L1 to H1 -ina dilemma11/5/2006
  Q: This is for one of my friend. She was working on L1 in company A and her L1 was going to expire on ...
  A: Your friend is currently on L-1 status since the L-1 extension approval was the last action taken by ...
L1 to H1 back to L111/3/2006
  Q: I am in same situation as this thread ...
  A: You can depart the U.S. and apply for an L1 visa at a U.S. Consulate abroad. When you enter the U.S. ...
H1 Transfer Question11/2/2006
  Q: My OPT started from January 2006. I started working for company X from February 2006. My H1 with ...
  A: Be ready to submit paystubs spanning a period of at least two months from Company X. These paystubs ...
Green card from abroad10/27/2006
  Q: From January 2000 to October 2006 I have been working in USA on H1B visa. I was working for 3 ...
  A: It is OK if you exceeded 6 years in H-1B status because H-1B status can be extended beyond six years ...
L1 to H1 transfer10/26/2006
  Q: . I'm in real trouble. Not knowing what to do. I need your help. Please reply to ...
  A: If you were granted change of status to H-1B (in other words, there is an I-94 attached to the ...
485 family based denial10/22/2006
  Q: Ajay, my 485 was denied because we requested the wrong document, ( checked the wrong box, travel ...
  A: An entire new filing with new forms, etc. will need to be done with new filing fees. If the USCIS ...
H1B question10/21/2006
  Q: I already have H1B visa stamping on my passport through my present company. but i am not getting the ...
  A: You will need to go to the Consulate for a new visa stamp in the name of the second employer. You ...
I-48510/19/2006
  Q: I've been in this country for almost 14 years and still struggling for my Green Card. After many ...
  A: You and your wife are both covered under sec. 245(i) based on your wife's labor cert. filing. You ...
Will my sister have to wait for her papers in HAITI10/16/2006
  Q: I am a US citizen wanting to apply for my adult sister to become a resident. She is already in the ...
  A: You can sponsor your sister now--she will be in the 4th family preference category: ...
F2 to H1 transfer10/12/2006
  Q: I am presently on F1 student visa. I am marrying in march 2007. My fiancee presently in India wants ...
  A: Your wife will apply for F-2 visa directly at the Consulate after marriage. There is no visa ...
Changing employer while on GC process10/11/2006
  Q: I'm currently working for company A and may change to work for company B. I just got my H1-B renewed ...
  A: You can work for Co. B as soon as the company files an H-1B petition for you; you do not need to ...
Immigration of a spouse10/8/2006
  Q: I am inquiring for a US citizen who has married a person in the country without documentation. They ...
  A: If the immigrant spouse entered the U.S. on a visa (even if that visa has expired) then an I-130 ...
immigration10/1/2006
  Q: I am a us citizen and am currently trying to immigrate my fiance who is in france. we met two ...
  A: If you wish to bring your fiance to the U.S. for the purpose of marrying him in the U.S., you need ...
Termination of J1 visa9/29/2006
  Q: I am a Post-Doctoral fellow in the Penn State Uty on J1 visa. My job has been terminated with a 7 ...
  A: The 30-day grace period allows you to remain legally for 30 days beyond Nov. 30. The J-1 transfer ...
F-1 Visa9/26/2006
  Q: I'm on a F-1 Student Visa expiring in a year. Want to know that CAN I MARRY A GREEN CARD HOLDER? Or ...
  A: You can free to marry anyone. However, to be sponsored and continue to stay legally in the U.S. ...
Divorce9/24/2006
  Q: My husband and I have been married for over 2 and a half years now. He is from Lebanon and ...
  A: It is not clear from your email if the petition to remove the conditions on residence (Form I-751) ...
H-1 Transfer9/23/2006
  Q: I'm a physician currently working on H-1 visa for a private employer after getting J-1 waiver in ...
  A: You will not be subject to the visa cap since you are no longer a J-1 nonimmigrant; you are an H-1B ...
Employer x Social Security9/22/2006
  Q: My friend has been working in an Office for 7 seven years being paid under the table. His boss told ...
  A: A social security number is not enough to work legally. The person must be authorized by the USCIS ...
Conversion from F1 to H1 visa9/18/2006
  Q: I am now in USA on F1 visa and I have a job offer from a company in USA nad they would file for my ...
  A: You have the option of getting the H1 visa stamp either in Canada or Mexico as per ...
work visa9/17/2006
  Q: My name is Maria Giudici I'm from Argentina. I finished an Associate degree in Computer Sciences at ...
  A: You need the equivalent of a 4 year U.S. degree. You probably have the equivalent based on a ...
L2 Visa change to H1B9/16/2006
  Q: Will my time in U.S as a L-2 visa count against the six years I'm allowed in H1-B temporary ...
  A: You will have only 3 years in H-1B status, and will not be allowed to extend it. The time that you ...
i485???9/14/2006
  Q: I am a US citizen my husband and I were married here last year he returned to Mexico due to a family ...
  A: I am guessing that you have applied for K-3 visa. Once the I-129F is approved, your husband will ...
N-400 traffic tickets9/12/2006
  Q: Do minor traffic violations (such as speeding tickets) have to be reported on form N-400 where it ...
  A: You can answer "no" on the N-400 for minor traffic violations where you have not been arrested ...
Visa9/11/2006
  Q: I have j-1 visa and i want to exchange it on B-2 or h2b visa,can i do it in the US? My j-1 visa will ...
  A: First you need to determine if you are subject to the 2-year home country requirement. This will be ...
EAD and H19/10/2006
  Q: I came to USA with my wife on April 28th 2006 on J2 visa. I have applied my Emlpoyment authorisation ...
  A: Rawat, You should have received a receipt notice from the USCIS with a case number about two weeks ...
H1B employee9/8/2006
  Q: I forgot to ask this the first time. Can I travel out of the country while the transfer from the H1 ...
  A: You can travel outside the U.S. if you wish, but if you do so, you will need a valid visa to enter ...
K-1 Visa Adjustment of Status9/2/2006
  Q: I arrived in the States on a K-1 visa and have now married my fiancee and submitted my I-485 along ...
  A: It will take close to 3 months to be issued employment authorization card after you submitted I-765. ...
I-485 Application9/1/2006
  Q: My friend wants to file I-485. However, he was asked to submit I-797 Notice of Action on Form-129F ...
  A: I recommend filing I-130, obtaining a receipt notice, and then attaching the I-130 receipt notice in ...
personal debt before marriage.8/29/2006
  Q: I am due to get married to a US citizen.I am a UK citizen. as I have not been married before I am ...
  A: I do not specialize in bankruptcy or divorce law, and so therefore I cannot assist you with the vast ...
L-2 visa8/28/2006
  Q: I have a L-2 visa.My husband is on L-1 visa in US. I am working in a company in India.Can i take ...
  A: You can enter the U.S. on the L-2 visa status, apply for EAD, and then leave the U.S. anytime you ...
Travel with a valid AP-Applied for new AP8/27/2006
  Q: I have a valid AP till Nov 2006 and have recently filed for a new AP application. Can I travel ...
  A: Yes, you can enter the U.S. on your existing advance parole document as long as you physically enter ...
marriage under F1 Visa8/23/2006
  Q: My daughter came to USA in Jan 2004 on F1 Visa to do her MS,which she has yet to complete. We have ...
  A: After marriage, your daughter can either maintain her F-1 status, or change status to H-4. The ...
OPT grace period and H-1B8/22/2006
  Q: To Ajay K Arora, I am an international student and my OPT will expire on 7/19/07. Even if I can ...
  A: Since October 01, 2007 will not be within the 60-day grace period, you are required to leave the ...
late filing of I-7518/19/2006
  Q: I will not be able to meet the deadline for filing the I-751 due to ongoing divorce proceeedings. ...
  A: My recommendation is to file the I-751 singly (not jointly, as your spouse will surely not sign the ...
Visa stamping8/18/2006
  Q: I'm in US right now. My company A (who sponsored BL1) is asking me to go for BL1 stamping in ...
  A: In your scenario, you will enter the U.S. on L1B visa status. You should then work only for the L1B ...
spouse8/17/2006
  Q: I am an american born citizen, and my wife is in El Salvador, how would i go about sending for her ...
  A: The following website is very helpful: http://www.uscis.gov/graphics/howdoi/spouselive.htm In ...
I864 Support8/11/2006
  Q: I am about to sign an I864 for a relative in China. I understand that I am responsible to ...
  A: The person signing the I-864 is responsible for medical bills if the hospital is part of a state or ...
L1 - H1B stamping query8/8/2006
  Q: I'm on L1B visa in US through Company A. I'm in I-94 since my visa was expired. Another company B ...
  A: Once your H-1B petition is approved, and you are granted "change of status" to H-1B visa status, you ...
Family Petition8/7/2006
  Q: I am from the Philippines and currently here on a visitor visa. I am trying to find a way to stay ...
  A: You are 21 or over, so you cannot be included with your family's case. Your sister can sponsor you ...
PERM and health issue7/31/2006
  Q: I hired a lawyer for a PERM case about 14 months ago, I know we have spent a few month to deal with ...
  A: PERM will take about 2 or 3 months for approval after filing. Then the I-140 petition (petition for ...
H1B Change of Status7/30/2006
  Q: In a previous answer to my question you had stated : "The person can change status from F-2 to H-1B ...
  A: You should wait until H-1B is approved before starting work for the H-1B employer (since the H-1B ...
H1B Queries ( Termination and all)7/28/2006
  Q: I have a few queries about the details when a person on H1 B gets laid off. A) Does he/she have a ...
  A: There is only a 10-day grace period. Therefore, for a person to be granted extension of H-1B status ...
Re-stamping for H1 if employer is changed.7/27/2006
  Q: My current H1 visa is valid till Oct 2008. I plan to change my employer this month. In October, I am ...
  A: You can travel on your existing visa if you carry the H-1B approval notice through the new employer. ...
Fiancee7/25/2006
  Q: According to USCIS, a person must have met with his fiancee in person within the last two years ...
  A: Your friend meets the requirements since he met his fiancee within the past 2 years of filing the ...
Visa Retrogression7/24/2006
  Q: In the Visa Bulletin for April 2006, the cut-off date for Family First preference was April 22, ...
  A: If a beneficiary was unable to file in April, 2006, he or she will be unable to file now unless ...
immigration7/22/2006
  Q: I am a 34 year old who over stayed my visa. My mother petitioned for me in December 2001 i am ...
  A: You will need to sponsor your child directly when you receive your green card. You will not receive ...
F-1 to H-1B and travel7/20/2006
  Q: I will be graduating with my masters on aug 31st 2006. I have a job offer and my company has applied ...
  A: I do not recommend traveling while H-1B is pending. If you try to enter on your F-1 visa on 23 Aug., ...
Perm and H1B7/19/2006
  Q: I am working with company A on a H1B visa. Company B wants to hire me. Can they file my H1 transfer ...
  A: Yes, Co. B can file H-1B concurrently with PERM. H-1B will be a "temporary" job (your H-1B status ...
Can I work with 1099 while I am in H1B status7/18/2006
  Q: Ajay, I recently transferred my HIB to a new employer (since 4 months).My new employer issues me ...
  A: In order for you to maintain H-1B status, you must be a W-2 employee rather than a 1099 contractor. ...
inviting parents to USA7/16/2006
  Q: My name is Kamal,I am green card holder (Diversty lottery winner).I am 1 year here in USA and i was ...
  A: You can sponsor your parents for a green card only if you are a U.S. citizen: ...
L1 to L2 (while spouse L2-> L1).7/8/2006
  Q: I have question about changing visa from L2 to L1. I have been working for company X in india for ...
  A: You can change status to L1 through Co. X and your wife can either change status to L2 or she can ...
F1 to H17/4/2006
  Q: I am currently on F1 and will be graduating with a Ph.D. on Sep 28. I have done my MS from the US as ...
  A: You can go anytime for stamping either in India or Canada (assuming that you are able to make the ...
M-1 status and work7/2/2006
  Q: I am here on an F-1 visa but my husband is here on an M-1 visa becouse his study is vocational. My ...
  A: Your husband can change status directly to H-1B (depending to visa availability, as there is a ...
Visa for Medical Treatment in the US6/29/2006
  Q: Can a person apply for a visa to come to the USA for medical treatment? Does he have to prove that ...
  A: Yes, a visitor visa can be issued based on medical treatment in the U.S. The applicant should apply ...
Petitions for Parents and Siblings6/26/2006
  Q: I have a friend who is a US citizen and who is filing petitions in order to bring her parents and ...
  A: Unfortunately, a new priority date will be established when the parents sponsor their children. ...
F-1 to H-1B transfer</