| Subject | Date Asked |
|
| F2 to H4 | 11/16/2009 |
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 |
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 |
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 ...
|
| Change of Status | 11/9/2009 |
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 |
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 ...
|
| H1B - No payslips | 11/3/2009 |
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 |
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 |
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 ...
|
| H1B denial and H4 | 10/26/2009 |
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 ...
|
| H1B to H4 | 10/20/2009 |
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 ...
|
| Citizenship | 10/19/2009 |
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 ...
|
| Citizenship | 10/14/2009 |
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 |
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 ...
|
| Naturalization--married to US Citizen | 10/6/2009 |
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 ...
|
| L1B status and H1B withdrawal | 10/1/2009 |
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 |
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 ...
|
| Awaiting Spouse's I 485 approval | 9/28/2009 |
Q: I received by GC (i -485 approval & Card) on August 18 through EB-2 employment; I was the primary ...
A: Your I-485 approval will not be in any jeopardy. Each I-485 is considered independently and that is ...
|
| EAD-individual vs attorney | 9/24/2009 |
Q: Ajay I am on L2 visa and have been here for a month now.I want to apply for EAD.Is there any ...
A: The processing time is the same whether filed individually or through an attorney. Of course, if ...
|
| N400 and I130 | 9/23/2009 |
Q: Can I file N-400 (Citizenship) for myself together with I-130/485 for wife?
A: You can only file I-130 at this time since you are not yet a U.S. citizen. When you file N-400 ...
|
| divorced perminent resident? | 9/21/2009 |
Q: i received my perminent resident cadr and my social in 2006. our mariage did not last due to him ...
A: You can apply for naturalization (U.S. citizenship) 4 years and 9 months from the date that it ...
|
| Change name in the U.S. upon marriage | 9/18/2009 |
Q: I'm an F-1 Student from Vietnam. I'm getting married soon and I want to change my last name to my ...
A: Yes, you can change your last name to your husband's last name at time of marriage in the U.S. At ...
|
| OPT to B2 Visitor | 9/16/2009 |
Q: My OPT expires Sept 23rd but I want to change my status to a tourist visa before that so I can ...
A: Form I-539, which can be obtained here: http://www.uscis.gov/files/form/i-539.pdf should be ...
|
| J2 to H1 | 9/15/2009 |
Q: I was on J2 Visa (dependent of my spouse's J1 Visa) and was working in anon-profit organization on ...
A: There is a 30-day grace period in J visa status. Thus, you are able to remain legally in the U.S. ...
|
| Marriage with J-1 Visa | 9/9/2009 |
Q: I recently got married to a girl from Russia that is here on a J-1 Visa. Her visa is set to expire ...
A: All sponsorship paperwork such as Forms I-130, I-485, I-765, etc. can be filed concurrently based on ...
|
| Vacation to USA while GC pending? | 9/8/2009 |
Q: My wife is German and I am a US military service member. My wife has a valid German passport; if we ...
A: Your wife should not enter the U.S. as a visitor. She is an intending immigrant, but entering on ...
|
| h-1b visa six years | 8/31/2009 |
Q: does the 2 times 3 years rule for h-1b visas that you had described in an earlier answer also apply ...
A: You will not be subject to the visa cap if being sponsored by a university, but you will still be ...
|
| H1B to B2 and back to H1B | 8/26/2009 |
Q: 1) I came to USA in 2001 on F1 visa and then got H1B 2) I was laid of in Feb 2009 and my employer ...
A: Since you currently are maintaining valid nonimmigrant visa status, an H1B petition can be filed ...
|
| U.S. green card | 8/15/2009 |
Q: My uncle sent me an invitation letter to visit him.I would like to know if there is any way that I ...
A: The two regular methods of obtaining permanent resident (green card) status in the U.S. is through ...
|
| advance parole with green card | 8/14/2009 |
Q: I left the US in Nov. last year and cannot return till Dec. this year. Since I will be away from the ...
A: You should be present in the U.S. when applying for reentry permit. Also, the USCIS will schedule ...
|
| Travel outside US--GC pending | 8/10/2009 |
Q: My husband has a h1b visa and travels worldwide for his job, if he applies for a green card will my ...
A: H4 (dependent) status does not allow for employment. However, when your husband files I-485 ...
|
| I485--adjustment of status | 8/4/2009 |
Q: plz help. Today I got my i485(empoyment based) approved in my interview but my wife and son's was ...
A: If your family was maintaining their H4 status (in other words their I-94 had not expired) at the ...
|
| H4 to F1 COS | 7/29/2009 |
Q: My Wife is currently in H4. I would like to make a change of staus to F1 for her to study and work. ...
A: An application for change of status to F1 is filed on Form I-539: ...
|
| L1 to F1 to apply for OPT | 7/23/2009 |
Q: I changed my status from H1B to L1A last year. Altogether I have been in Us for 4 years 5 months ...
A: You can change to F1 status after completing an aggregate of six years in H1B/L1A. However, you will ...
|
| regarding my visa | 7/21/2009 |
Q: I am a french citizen and my husband is an Indian . he is H1B visa and i am in H4. and i would like ...
A: You need to find an employer willing to support you for permanent, full-time employment. The green ...
|
| H4 Dependent Visa advice | 7/9/2009 |
Q: Arora, I am currently on H1B visa (non-profit organization i.e. cap exempt), my wife is on H4 visa ...
A: Your wife will continue to maintain her H4 status until her I-94 expires (October, 2010). Thus, she ...
|
| SOC code change on Labor Certification | 7/8/2009 |
Q: Arora: I have pending I-485. I have post graduation in Molecular biology and work in a biotech firm ...
A: The SOC code cannot be changed after the Labor Certification has been filed. The only alternative ...
|
| immigration | 7/1/2009 |
Q: i came here from uk in 2001 on a tourist visa, i just got married to us citizen, will i be made to ...
A: You can adjust status in the U.S. since you entered the U.S. legally (even if your authorized stay ...
|
| International travel on OPT with approved H1-B but no stamp | 6/30/2009 |
Q: First of all thank you for this free service it is really appreciated. My question is: I am ...
A: It is OK to travel on unexpired F1 visa stamp. I recommend that you inform the DSO (also known as ...
|
| H1B visa stamp in another country | 6/29/2009 |
Q: I got my H1B, and i am planning on wanting to go to Greece; however, i am lebanese. Can i still get ...
A: The general rule is that you can apply at a U.S. Consulate for visa stamp only in your home country, ...
|
| Green Card Process--Marriage to U.S. Citizen | 6/24/2009 |
Q: I am a US citizen and my fiancée is a South Korean national here on a student visa. We are getting ...
A: All paperwork such as petition for alien relative (that you sign) along with your wife's (after you ...
|
| Change of status from H1 - H4 - H1 | 6/23/2009 |
Q: I came to U.S. on H4 visa & processed my H1B premium last year. My H1B started from 1 Oct 2008. ...
A: You are currently violating H1B status by not being employed at the agreed upon salary by the H1B ...
|
| Expiring H1B with pending family-based I-485 and work authorization | 6/22/2009 |
Q: My 6th year of h1-b is expiring on July of this year but I recently filed for I- 485 and work ...
A: You can remain legally in the U.S. after your H1B status expires in July based on already filed ...
|
| L2 visa when H1-B petition approved | 6/15/2009 |
Q: I recently got to know that mine and my husband's H1-B has been approved and we can start working ...
A: I am assuming that the H1B approval notices take effect on October 01, 2009 due to the visa cap. ...
|
| Permanent Resident Parents Abroad | 6/14/2009 |
Q: My parents were petitioned by my brother last September, 2007 and eventually got their green card on ...
A: Your parents can stay outside the U.S. for up to one year and still enter the U.S. without a problem ...
|
| L1 B extension RFE response | 6/12/2009 |
Q: I stayed in US for around 2 years(not continously) on L1B visa, it got expired on may 1 2009, we ...
A: The probability of approval is quite high if a response is made to the RFE. The USCIS wants ...
|
| H1 - H4 - H1 Change of status | 6/10/2009 |
Q: I am in H1B valid till Sep 2010 and I am in payroll now. Since I am pregnant, I planned to change ...
A: I recommend that you continue to maintain H1B status by being paid at least the agreed upon salary ...
|
| H1B visa transfer | 6/8/2009 |
Q: I have been working with company A in India for more than 6.5 yrs. I got H1B visa from another ...
A: Co. A can file an H1B petition with the USCIS through its U.S. branch or subsidiary. You will not be ...
|
| I-130 petition denied | 6/2/2009 |
Q: Last year, I applied for the I 130 for my son. In January of this year, USCIS sent a notice ...
A: I recommend filing a new I-130 petition. A previous denial will not negatively effect the filing of ...
|
| H1C to H4 | 5/28/2009 |
Q: I am currently working under H1C visa and planning to change to H4. I heard it takes about 6 months ...
A: You can continue working for the H1C employer. However, when the H4 application is approved by the ...
|
| L1 transfer to H1B | 5/20/2009 |
Q: i am working on L1to company A have a H1b visa with out cos not stamped .from consultant b ...
A: It appears that you are still in L1 status since you were not granted "change of status" to H1B. ...
|
| L1A extension denied | 5/19/2009 |
Q: I am an owner of a small buisness in USA on L1A blanket visa initially they approved me a 1 year ...
A: Filing an appeal will not give you the right to remain legally in the U.S. while the appeal is ...
|
| Absence from the USA--green card revocation | 5/14/2009 |
Q: I have heard that it is possible to get your Green Card revoked, if you travel and remain outside ...
A: If you are continuously outside the U.S. for 365 days or more, you will be considered to have ...
|
| Resident divorced from U.S. citizen | 5/11/2009 |
Q: I am English and married an american I have been married for 4 years and our marriage unfortunately ...
A: Since you are a permanent resident, divorce will not affect your immigration status in the U.S., and ...
|
| H1 to F2 transfer | 5/7/2009 |
Q: I am currently on H1B visa and employed. I plan to move in with my husband and will have to leave ...
A: You should continue to be employed by the H1B employer until the application to change your status ...
|
| H1B1 to Green Card | 5/6/2009 |
Q: I am a Singaporean and currently on a H1B1 Visa Status. I would like to find out if I ...
A: The regular method of sponsorship through employment is initiated with the filing of an application ...
|
| which visa should i apply for my spouse? | 4/29/2009 |
Q: i am us citizen and i want to apply for my husband we got married 3 years ago in canada.and after ...
A: A withdrawal cannot generally be reversed. Therefore, a new I-130 petition should be filed. Since ...
|
| COS from H-1B to H4 with old paystubs | 4/27/2009 |
Q: My spouse was working on H1 till mid March, but now wants to convert to H4. She has paystubs till ...
A: I recommend that change of status (COS) application be filed by your wife requesting H4 status. She ...
|
| H1 Transfer | 4/23/2009 |
Q: Hope you are doing good. Let me explain my problem. I came to US on July, 08 and till now (April, ...
A: In order to maintain H1B status, you should be paid by at least the agreed-upon salary as noted in ...
|
| Change of status denied | 4/20/2009 |
Q: My friend tried to change from G1 status (in Jun 08 when her diplomat mother left) to F1. USCIS ...
A: Your friend is out of status starting on the day of the denial. Therefore, your friend should depart ...
|
| Use of Advance Parole | 4/16/2009 |
Q: I am on h1b and also an Advance Parole obtained after filing I-485, the Advance Parole is good till ...
A: Sorry for the delay in responding. The advance parole document remains valid. There is no ...
|
| Reentry with B2 visa | 4/15/2009 |
Q: I have a B2 visa in my passport which is valid until 3 Dec 2009. I entered the US on 6 Jan 2009 and ...
A: You can do so, but this depends upon the discretion of the admitting officer at the port-of-entry. ...
|
| H4 to H1 | 4/13/2009 |
Q: I am working in India for an MNC. My husband works in US on H1. I've entered us on H4 for a couple ...
A: You can enter the U.S. using H4 visa stamp. At the port-of-entry, you will be issued an I-94 stating ...
|
| I-130 for parent--U.S. citizen child sponsoring | 4/7/2009 |
Q: I'm US citizen filing I-130 for my father. He stayed his tourist visa 4 years ago. In question 15 is ...
A: Both the I-130 (petition for alien relative) that you sign along with I-485 (adjustment of status ...
|
| H1-H4-H1 | 4/6/2009 |
Q: My Wife who was a F1 Student applied for a H1 after her graduation and got it approved which was ...
A: Since your wife's employment is terminated, an application to change her status to H4 should be ...
|
| Part time H1B and school full time? | 4/2/2009 |
Q: I am currently working with full time H1B, I am planning to go back to school, and I am wondering ...
A: An amended H1B petition can be filed to convert from full-time to part-time employment. You will ...
|
| B2- H1B | 4/1/2009 |
Q: I am here in the US in B1 visa and my I-94 will expire on August 2009. I am also waiting for the ...
A: Since the H1B approval notice will take effect on October 01 (I am assuming that this is a ...
|
| K3 visa and entry on visa waiver | 3/30/2009 |
Q: I am a US citizen residing in the US...if after I submit an I-130 and then an I-129F for consular ...
A: Entry on a visa waiver is not permitted for persons who have an intention to immigrate to the U.S. ...
|
| I-130 Petition and marriage to U.S. Citizen | 3/26/2009 |
Q: I am a German citizen and came to the US as a short term scholar with a J1 visa at a university for ...
A: Since you are an "immediate relative" based on marriage to a U.S. Citizen, both the I-130 petition ...
|
| content of H1b revocation letter | 3/19/2009 |
Q: When an employee working on H1B visa leaves the employer, the employer needs to send a letter to ...
A: Simply a one or two sentence letter stating that [name] no longer works at the company as of [date] ...
|
| I-539 for B2 extension was denied | 3/17/2009 |
Q: i applied application for my mom and sis for I-539 last DEC,their port of entry is Los Angeles on ...
A: I strongly recommend that your mother and sister leave within 30 days of the denial decision dated ...
|
| OPT employment under STEM | 3/11/2009 |
Q: Sir, Is it possible to start working for an employer on OPT who is not e-verify employer? I have ...
A: The employer must be enrolled in e-verify before you start OPT period under STEM program. Regular ...
|
| H1B and TN visas | 3/10/2009 |
Q: I am in USA with H1B visa. If I decide to join another part time job can I do it with TN visa, ...
A: You can have multiple H1B approval notices in the U.S., and as long as you work for at least one H1B ...
|
| H1 Extension - Status | 3/9/2009 |
Q: My H1B extension (4th year) was filed with the same employer on June 20, 2008.Till now the case ...
A: You will need to discontinue employment on May 29, 2009. You can remain legally in the U.S. after ...
|
| sponsoring parents | 3/4/2009 |
Q: My husband is a naturalized u.s. citizen and he wants to petition for his mom to get a green ...
A: A U.S. citizen can sponsor parents, children, or spouse as "immediate relatives". As long as the ...
|
| H4 to H1B and consular processing vs. COS | 3/3/2009 |
Q: I have a Question. I want to apply for H1 this year. I am planning to go to India Dec 2009. I am ...
A: I will assume that you are currently in H4 visa status. Your employer will sign and file the H1B ...
|
| change from L1 Visa to H1B | 2/26/2009 |
Q: My wife is currently on L1A Visa and i am on L2 and working on EAD. This year we both are planning ...
A: Your L2 status is dependent on your wife maintaining her L1 status. Thus, if your wife does not ...
|
| I-94 renewal | 2/24/2009 |
Q: Can you tell me if you ever heard of I-94 renewal? My husband is enrolling in school and he is ...
A: Your husband is able to remain legally in the U.S. based on the filing of I-485, etc. He is not ...
|
| Recapture time H1B | 2/23/2009 |
Q: Can I file myself an extension to recapture time (that I was abroad for trips). Or does it have to ...
A: Only your employer can file an H1B petition requesting extension of status. You can go to Canada ...
|
| reactivation of H1B | 2/18/2009 |
Q: I got H1B visa in 2005, while I was in India. But, I never entered US with that visa. Later, I ...
A: Since an H1B petition was approved within the past six years, another H1B petition can be filed for ...
|
| Marrying to f1 visa holder | 2/17/2009 |
Q: How are you? I am from India.I have greens card. And still 3 years left for become U.S. citizen. I ...
A: F1 visa status is not consistent with intention to immigrate to the U.S. There is no problem in ...
|
| L1 to H1 | 2/16/2009 |
Q: I am currently working on L1 B visa from company A and plan to file an H1 B visa from company B. ...
A: The assumptions in your email are correct. The H1B petition at time of filing should request ...
|
| H1B visa subject to visa cap? | 2/12/2009 |
Q: Arora, I had talked to you in your office also about my case....I cam to US on F2 visa(in Sept ...
A: Another company can file an H1B petition for you based on earlier H1B approval, even if it was ...
|
| H1 to L2 and requirements for EAD | 2/9/2009 |
Q: Mr. Ajay Iam on H1B status from Oct 1st 2008, but recently I lost my job. Before going onto H1B I ...
A: The I539 form should be filed as soon as possible since there can be violation of H1B status if you ...
|
| I-94 extension beyond 6 yrs --Wife is US Citizen | 2/5/2009 |
Q: Sir, I'm on H1 B visa currently. It will expire in 8 months from now. My wife is a US citizen and ...
A: You can work on EAD when your H1B expires, but you will be unable to extend H1B beyond six years. If ...
|
| I-94 extension beyond 6 yrs --Wife is US Citizen | 2/4/2009 |
Q: Sir, I'm on H1 B visa currently. It will expire in 8 months from now. My wife is a US citizen and ...
A: You will be unable to extend H1B status beyond six years since a PERM application (also known as ...
|
| k2 visa | 2/3/2009 |
Q: i just want to ask what are the requirements of k2 visa, my kids ages are 4 and 8 , do i have to ...
A: Please include the names of your children on the petition (I-129F) that will be signed by your ...
|
| family petitions | 1/28/2009 |
Q: My wife has her perm. res. and is going to be applying for U.S. citizenship in a couple months. ...
A: When your wife is a U.S. citizen, she can sponsor her siblings and mother. The various family ...
|
| K3 visa | 1/27/2009 |
Q: I am a Canadian Citizen, married to a U.S. Citizen. While recently traveling from Canada to the ...
A: If you are married to a U.S. citizen, the immigration officer at the port-of-entry will assume that ...
|
| Revocation of H1B petition | 1/26/2009 |
Q: Sir, We recently filed an H1 transfer for a prospective employee and after getting the transfer ...
A: The petition can be revoked anytime. I recommend waiting until the receipt notice has been issued ...
|
| H1-H4-H1 | 1/22/2009 |
Q: I received my H1 with a COS from H4 and I94 effective Oct 01,08. I have since not been employed and ...
A: Yes, it is a good idea for your spouse to not include you as a dependent since you are in H1B ...
|
| Adjustment of status fthrough U.S. citizen spouse | 1/21/2009 |
Q: My case is an immigration case. I came to the us with my b1/b2 visa(10yrs multiple entry) and got ...
A: Since the immigrant petition (I-130) along with adjustment of status application (I-485) as well as ...
|
| H1B Transfer to Company B | 1/20/2009 |
Q: I have applied for H1b transfer to company B and it is still under process . But now due to some ...
A: You can have multiple H1B approval notices, and you will maintain your H1B status as long as you ...
|
| I485 status changed | 1/19/2009 |
Q: Here are some facts that might help. 1- 01/03/08 I applied for I140 & I485 as EB2. 2- 04/12/08 went ...
A: The transferring of the case to another processing center within the USCIS is quite common as the ...
|
| marriage interview based on spousal sponsorship | 1/15/2009 |
Q: i have an interview coming up. my case is that i had a petition before through my father and my step ...
A: I am assuming that you have an interview based on sponsorship by your spouse. Both spouses attend ...
|
| H1B petition cap exempt premium processing | 1/13/2009 |
Q: My question to you is that, if my employer is a non-profit organization such as a hospital applying ...
A: If a credentials evaluator determines that you have already completed the equivalent of a four-year ...
|
| l1b-h1b | 1/12/2009 |
Q: I have L1 b visa from Company X , I came to us on L1 b on SEP 2007. In 2008 , I applied h1B through ...
A: If the H1B approval notice states that you were granted change of status, then you are automatically ...
|
| F1-L2 | 1/5/2009 |
Q: I am on F1 visa now. I will go for a CPT next semester. My question is , if being on CPT, my status ...
A: Since you can hold only one immigration status at a time in the U.S., and since the latest action by ...
|
| H1-L1 query | 12/29/2008 |
Q: I am currently working on H1B visa and my I-94/H1 visa is expiring in March 2009. My current ...
A: When the Consulate issues you the L1 visa stamp, they will normally cancel the H1B visa stamp. You ...
|
| F1 to I485 based on marriage to U.S.C. | 12/23/2008 |
Q: HERE IS THE TIMELINESS OF MY WIFE SHE GOT F 1 ISSUED JUNE 2006 ,we were not in any relation WE GOT ...
A: Your wife should now file adjustment of status (AOS) application. She will come a permanent ...
|
| L2 - H1B and EAD Immigration Query | 12/22/2008 |
Q: I am on L1B. I want to apply for H1B for my spouse who will be on L2 Visa. Q1. If he gets his H1B ...
A: L2 status with EAD allows for employment with no restrictions. If your husband's H1B petition is ...
|
| will I be subjected to H1B visa cap again? | 12/17/2008 |
Q: My H1B visa will be terminated by my current employer in next couple of days. I wanted to understand ...
A: You will still not be subject to the visa cap even if your employer revokes the petition and you ...
|
| OUT OF STATUS | 12/16/2008 |
Q: Ajay, I am transferring my H-1B visa from employer A to B but it is unlikely to get approved and my ...
A: Even if Employer A has revoked the petition, you are currently maintaining H1B status since Employer ...
|
| L1A question | 12/15/2008 |
Q: I am currently in USA with L1A visa for the last 3 years. My visa is up for renewal in March 2009. ...
A: The L1 petition that is filed should request "extension of status" so that the approval notice (Form ...
|
| Regarding change from F1 to green card | 12/11/2008 |
Q: I have 2 questions. 1) I am on my F1 visa and married to a green card in jan this year in India. I ...
A: If your husband files an I-130 petition, you will have shown an intent to immigrate to the U.S., ...
|
| Extension for H1 beyond 6 years | 12/8/2008 |
Q: Sir, My company is applying for 1 year extension of H1B as i am completing six years of issuance of ...
A: You can request the one year extension beyond six years at the same time that you recapture time ...
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| adjustment of status | 12/4/2008 |
Q: My fiance and I are about to be married we have a child together, he is from Trinidad Tobago we met ...
A: Upon marriage, you can sponsor your husband so that he can continue to remain in the U.S. until his ...
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| COS and Visa change from H1 to L2 | 12/3/2008 |
Q: I was on L2 visa since my Husband is on L1 visa. I applied for my EAD and took up a job here in US. ...
A: Since the EAD application is not a request for change of status, An EAD application can be filed and ...
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| COS and Visa change from H1 to L2 | 12/2/2008 |
Q: I was on L2 visa since my Husband is on L1 visa. I applied for my EAD and took up a job here in US. ...
A: Since you can hold only one status at a time in the U.S., and since the latest action by the USCIS ...
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| Canadian student in US | 12/1/2008 |
Q: I am returning to the US after holidays, and I forgot to bring the paper I-94(? )study permit/ form ...
A: You may have meant Form I-20, which is required for students in F1 or M1 status. You must have this ...
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| Immigrant Intent | 11/24/2008 |
Q: could you explain immigrant intent? When is it established?
A: When you enter the U.S., your intention should comport with the visa stamp in your passport. For ...
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| re -entering US with H4 when H1 rejected | 11/20/2008 |
Q: My wife got H4 ext in July and H1 in OCt.she did not got the job yet and she has got only one pay ...
A: Your wife is technically violating H4 status if she is not employed by her H1B employer. I recommend ...
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| H4 stamping with valid L1 | 11/19/2008 |
Q: Rightnow I'm in India and I have a L1 visa stamp valid till 2011 for my employer in india. I ...
A: In most cases, the Consulate will cancel the L1 visa stamp if it issues you the H4 visa stamp. If ...
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| I-485 | 11/17/2008 |
Q: I have been on H1 for one year, before that I was on F1 visa. For the last three months I have been ...
A: Apply at this time as a regular AOS applicant. If the USCIS later determines that you were in ...
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| EAD and Leave | 11/13/2008 |
Q: I am the primary applicant of my GC which is filed on the basis of employment. My 140 is cleared and ...
A: It is OK to have gaps in your payroll. The I-485 will be approved based on an offer of permanent, ...
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| EAD and Leave | 11/12/2008 |
Q: I am the primary applicant of my GC which is filed on the basis of employment. My 140 is cleared and ...
A: We cannot comment on the FMLA as it is not directly connected with immigration law. However, as a ...
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| 485 & AC 21 | 11/6/2008 |
Q: I was working with Company A from Jan 2004 and had my I-140 approved in Oct 2006. I moved to another ...
A: Your I-485 should be approved, if you have the support of Employer A (they have not revoked the ...
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| H1 Extension pending | 11/4/2008 |
Q: Below are my details, H1 expiry date - 30Mar 2008 Extension applied - Feb 2008 Got RFE - July 2008 ...
A: You must temporarily suspend employment with the company after 240 days, but you can still remain ...
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| Immigration issues | 11/3/2008 |
Q: I am married to a H1B visa holder and I have been to US on H4. Later I got separated and living ...
A: If your H1B approval notice states that you have been granted change of status, then you are ...
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| H1B Stamping - Need Advice | 10/30/2008 |
Q: My status was changed from L1 to H1 on october 2008. i need my H1 visa stamped . am getting married ...
A: You can go to either your home country, or to any U.S. Consulate in Canada or Mexico, for H1B visa ...
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| L2-H4-F1 | 10/28/2008 |
Q: I came in July,2008 on L2 visa as my husband was on L1B. My husband got a H1 COS approval on ...
A: An application to change status to F1 can be filed now, but the USCIS will not grant change of ...
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| H1B Transfer at the time of H1B extension | 10/20/2008 |
Q: My present H1B visa expired on March 30,2008,I-94 on April 10 2008.My company has applied my ...
A: You can work for your present employer (Company A) for up to 240 days after March 30, 2008. Company ...
|
| H1 transfer | 10/16/2008 |
Q: I have a question for you, i have come to US on a H1b of a company A 2months ago and have not been ...
A: When Co. B files an H1B petition for you requesting extension of your H1B status, the USCIS would ...
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| no interview letter yet | 10/9/2008 |
Q: .. i got married sept 2006 and in january i applied for a change of status, and my husband filed a ...
A: You should have received a receipt notice from the USCIS for Forms I-130 (Petition for alien ...
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| H1B TRANSFER, PERM | 10/8/2008 |
Q: I'm under H1B one year already, and three months ago my employer filed a Labor Certification (no ...
A: Unfortunately, the Labor Certification (also known as PERM) cannot be transferred to the new ...
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| Student | 10/7/2008 |
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 ...
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| L1A - H1 & H4 | 10/2/2008 |
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 ...
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| 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 ...
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| J-1 to F-1 | 9/25/2008 |
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 ...
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| 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 ...
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| Graduate studies during Green Card processing | 9/18/2008 |
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 ...
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| permanent green card | 9/15/2008 |
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. ...
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| Change of Status | 9/10/2008 |
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 ...
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| H1B transfer to H4 | 9/9/2008 |
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 ...
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| L1B to H1B | 9/8/2008 |
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 ...
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| Employment / family immigration | 9/3/2008 |
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 ...
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| EB2 | 8/29/2008 |
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 ...
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| Petition I-130 for Adult Daughter | 8/26/2008 |
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 USA | 8/21/2008 |
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 ...
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| 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 ...
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| f 1 rejected ,can re enter on h4 | 8/13/2008 |
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 ...
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| OPT to H1B | 8/12/2008 |
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 ...
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| Immigration | 8/7/2008 |
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 ...
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| F-1 student visa seeking to marry U.S. citizen | 8/5/2008 |
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 ...
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| B2 to F1 | 8/4/2008 |
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 ...
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| Immigration | 7/29/2008 |
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 ...
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| f2/h1 visa | 7/22/2008 |
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 ...
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| 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 ...
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| F1 stamping in mexico | 7/19/2008 |
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 ...
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| immigration issue | 6/30/2008 |
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 ...
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| H4 Visa - Required Documents | 6/24/2008 |
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 ...
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| EB2 Query | 6/23/2008 |
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 ...
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| Immigration issue | 6/17/2008 |
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 ...
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| H1B Transfer | 6/16/2008 |
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 ...
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| Immigration | 6/12/2008 |
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 ...
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| L1 VISA issue | 6/11/2008 |
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 ...
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| Change of Status | 6/5/2008 |
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 ...
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| Immigration | 6/3/2008 |
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 ...
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| Priority Date Transfer | 5/30/2008 |
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 ...
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| Immigration | 5/29/2008 |
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 ...
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| Canadian F1 marrying US Citizen | 5/28/2008 |
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 ...
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| spouse visa | 5/21/2008 |
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 ...
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| H1B Transfer query | 5/20/2008 |
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 ...
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| J1 Visa to Visiting Visa | 5/16/2008 |
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 ...
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| immigrant marriage | 5/15/2008 |
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 ...
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| h1b Transfer | 5/13/2008 |
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 ...
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| 90 day rule and US re-entry | 5/11/2008 |
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 ...
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| Regarding location for H1b Visa Interview | 5/6/2008 |
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 ...
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| h1b status | 5/5/2008 |
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 ...
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| 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 ...
|
| citizenship | 5/1/2008 |
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 ...
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| h1b and grace period | 5/1/2008 |
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 ...
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| I751 Approved - Divorce Pending | 5/1/2008 |
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 ...
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| Last Name Issue | 5/1/2008 |
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 ...
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| Last Name Issue | 4/30/2008 |
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 ...
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| I-131 | 4/30/2008 |
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 ...
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| I-148 and F1 Visa | 4/26/2008 |
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 H1 | 4/25/2008 |
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 ...
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| reg F2 and H1 | 4/23/2008 |
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 Immigration | 4/21/2008 |
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 date | 4/17/2008 |
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 join | 4/16/2008 |
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 2008 | 4/12/2008 |
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 pending | 4/11/2008 |
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 ...
|
| Immigration | 4/3/2008 |
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 ...
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| SOC CODE | 3/31/2008 |
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, ...
|
| Immigration | 3/29/2008 |
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 Stubs | 3/25/2008 |
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 status | 3/23/2008 |
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 H1 | 3/22/2008 |
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 Gap | 3/21/2008 |
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 american | 3/20/2008 |
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 conversion | 3/19/2008 |
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 ...
|
| Immigration | 3/18/2008 |
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 date | 3/17/2008 |
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 renewal | 3/15/2008 |
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 H1 | 3/12/2008 |
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 resident | 3/11/2008 |
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 ...
|
| Immigration | 3/8/2008 |
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 issue | 3/7/2008 |
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. ...
|
| Immigration | 3/5/2008 |
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 ...
|
| Immigration | 3/3/2008 |
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 ...
|
| Immigration | 2/28/2008 |
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 Immigration | 2/25/2008 |
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 ...
|
| Immigration | 2/23/2008 |
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 ...
|
| Immigration | 2/21/2008 |
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 paystubs | 2/18/2008 |
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 ...
|
| Immigration | 2/17/2008 |
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 ...
|
| Immigration | 2/16/2008 |
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 ...
|
| Immigration | 2/14/2008 |
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 Canadien | 2/10/2008 |
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 conversion | 2/9/2008 |
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 ...
|
| Immigration | 2/7/2008 |
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 ...
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| travel during H1b processing | 2/5/2008 |
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 ...
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| married and in U.S. and got visa form for F2B process | 2/4/2008 |
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 ...
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| Reg EAD and H1 @ d same time | 2/3/2008 |
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 ...
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| Filing of PERM labor certification | 2/2/2008 |
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 ...
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| Filing for 16-year-old sister | 1/30/2008 |
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. ...
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| F-1 marrying US Citizen Needs to leave country for health reasons | 1/27/2008 |
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 ...
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| Son-in-law needs green card | 1/26/2008 |
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 ...
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| f1 visa to greencard help fast | 1/19/2008 |
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 ...
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| H1B to F2 | 1/15/2008 |
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. ...
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| 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 ...
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| Query regarding change of status | 1/11/2008 |
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 ...
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| Applying for US citizenship and a spousal visa | 1/8/2008 |
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 ...
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| Green card question | 1/7/2008 |
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 ...
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| L1 to H1 transfer | 1/5/2008 |
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 ...
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| Family based petition | 1/1/2008 |
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 ...
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| Green card and H1B | 12/30/2007 |
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 ...
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| Terminating / Canceling Green Card | 12/28/2007 |
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 ...
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| 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.: ...
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| wife of US citizen wants to have tourist visa | 12/23/2007 |
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 ...
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| H1B transfer from non profit to profit organization | 12/21/2007 |
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 ...
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| I485 | 12/20/2007 |
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 ...
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| I485 | 12/19/2007 |
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 ...
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| unsure | 12/17/2007 |
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 ...
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| F2-H1B | 12/13/2007 |
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 ...
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| Options | 12/12/2007 |
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 ...
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| married Canadian citizen, parents applied for F2B visa | 12/10/2007 |
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 ...
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| trying to help a friend | 12/8/2007 |
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. ...
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| K4 Visa | 12/6/2007 |
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 ...
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| change of employer -H1B extension approval pending | 12/4/2007 |
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 ...
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| Married to green card | 12/3/2007 |
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 ...
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| U.S. Citizen marrying a Japanese citizen | 11/29/2007 |
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 ...
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| First name problem in passport | 11/23/2007 |
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 ...
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| Visa Wavier program | 11/19/2007 |
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 ...
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| H1 transfer without ever been to US | 11/17/2007 |
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 ...
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| 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 ...
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| H4 to H1 Status | 11/14/2007 |
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# ...
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| immigration | 11/13/2007 |
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 ...
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| F1 to marriage | 11/9/2007 |
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 ...
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| OPT expiring | 11/6/2007 |
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 ...
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| F1 student and arrest | 11/4/2007 |
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 ...
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| H1B transfer issue | 11/2/2007 |
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 ...
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| FBI background check | 11/1/2007 |
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 ...
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| H1 TO L1, L1 TO H1 | 10/29/2007 |
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 ...
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| Adding spouses application | 10/27/2007 |
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 ...
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| Wife and Son | 10/25/2007 |
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 ...
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| Illegal marries US citizen | 10/23/2007 |
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 ...
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| H1b1 Stamping | 10/21/2007 |
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 ...
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| 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 ...
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| H1 as a consultant | 10/6/2007 |
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 ...
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| H1 b transfer | 10/3/2007 |
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 ...
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| H1 Transfer | 10/2/2007 |
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 ...
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| H1 b transfer | 9/30/2007 |
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 ...
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| Sponsoring a Spouse a 2nd time | 9/28/2007 |
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 ...
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| 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: ...
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| I-140 | 9/25/2007 |
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 ...
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| my chinese wife | 9/20/2007 |
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 ...
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| I-130 cancellation | 9/16/2007 |
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 ...
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| Immigration to US | 9/14/2007 |
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 ...
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| My Mother green card application | 9/11/2007 |
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 ...
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| Mat | 9/10/2007 |
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 ...
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| notify embassy | 9/9/2007 |
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 ...
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| REGAINING GREEN CARD | 9/3/2007 |
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 ...
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| I-94 | 8/29/2007 |
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 ...
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| H1B versus EB Green Card | 8/27/2007 |
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 ...
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| 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, ...
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| H1b change of status denial | 8/20/2007 |
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 ...
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| 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 ...
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| US naturalization and citizenship | 8/15/2007 |
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 ...
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| Desicion I need to take | 8/14/2007 |
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 ...
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| OPT- H1B Gap | 8/10/2007 |
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 ...
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| OPT to H!B | 8/7/2007 |
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 ...
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| Lost EAD | 8/6/2007 |
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: ...
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| wy wifes overstay issues | 7/31/2007 |
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 ...
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| l-94 | 7/27/2007 |
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 ...
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| H-1B NOT FOR PROFIT | 7/25/2007 |
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 ...
|
| fiancee | 7/13/2007 |
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 ...
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| L1 and H1 visa | 7/4/2007 |
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 - OPT | 7/2/2007 |
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 ...
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| F1 to L1 or E1 | 7/1/2007 |
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 ...
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| I-30 receipt | 6/30/2007 |
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 change | 6/28/2007 |
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 stay | 6/24/2007 |
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 ...
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| Filing instruction of form I-751 | 6/18/2007 |
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 usage | 6/15/2007 |
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 Status | 6/10/2007 |
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 H1B | 6/5/2007 |
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 issue | 5/28/2007 |
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 time | 5/26/2007 |
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 Biometrics | 5/23/2007 |
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 arrest | 5/21/2007 |
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 B | 5/20/2007 |
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 wife | 5/14/2007 |
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 Card | 5/13/2007 |
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 permit | 5/12/2007 |
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 permit | 5/10/2007 |
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 certification | 5/9/2007 |
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 Divorce | 5/7/2007 |
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 Card | 5/5/2007 |
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 status | 5/3/2007 |
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 ...
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| 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 application | 5/1/2007 |
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 card | 4/30/2007 |
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 naturalisation | 4/26/2007 |
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 H1 | 4/20/2007 |
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 me | 4/15/2007 |
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-130 | 4/8/2007 |
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 Sponsorship | 4/4/2007 |
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. ...
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| 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 ...
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| reentry with green card | 3/26/2007 |
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 ...
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| Question on how much money I need | 3/21/2007 |
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 ...
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| change of status | 3/19/2007 |
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 ...
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| Family Based Immigration | 3/17/2007 |
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 ...
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| L1 - L2 visas | 3/12/2007 |
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 ...
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| change of status | 3/8/2007 |
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 ...
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| Green Card | 3/6/2007 |
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 ...
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| 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 ...
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| H1B out of status | 3/3/2007 |
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 ...
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| I751 and divorce | 2/26/2007 |
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 ...
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| opt gap | 2/24/2007 |
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, ...
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| H1B1 for Singaporean | 2/11/2007 |
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 ...
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| Green card | 2/10/2007 |
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 ...
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| Employment | 2/8/2007 |
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 ...
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| Wifes Papers | 2/6/2007 |
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, ...
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| H1B | 2/5/2007 |
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 ...
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| N400 Approved but oath letter not rcvd | 2/4/2007 |
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 ...
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| Tourist Visa | 2/2/2007 |
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. ...
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| Conversion | 1/29/2007 |
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 ...
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| K-3 visa question | 1/28/2007 |
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 ...
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| 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. ...
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| I-131 info | 1/26/2007 |
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 ...
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| i140 | 1/24/2007 |
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 ...
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| 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 ...
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| Moving back to US | 1/20/2007 |
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, ...
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| visa to US from UK for a Chinese | 1/14/2007 |
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 ...
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| marriage | 1/10/2007 |
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 ...
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| h1 application | 1/9/2007 |
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 ...
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| Marriage question | 1/5/2007 |
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 ...
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| Naturalization number | 12/31/2006 |
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 ...
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| 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 ...
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| Applying to AOS during F1 grace period | 12/21/2006 |
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 ...
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| H4 to H1 conversion | 12/20/2006 |
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 ...
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| H1 visa | 12/19/2006 |
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, ...
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| H1 Transfer | 12/17/2006 |
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, ...
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| Immigration Question | 12/15/2006 |
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 ...
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| J-1 to H-1B | 12/14/2006 |
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 ...
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| Just filed I485 and got dream job offer overseas | 12/12/2006 |
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 ...
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| H-1B and L-2 | 12/11/2006 |
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 ...
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| I-94 from H4 to H1 | 12/10/2006 |
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. ...
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| advance parole | 12/8/2006 |
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 ...
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| H4 Visa | 12/4/2006 |
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 ...
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| Different Addresses | 12/1/2006 |
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 ...
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| H1B1 (USSFTA) Transfer | 11/30/2006 |
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. ...
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| Hi to L1 Transfer | 11/29/2006 |
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 ...
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| Difficult situation | 11/28/2006 |
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 ...
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| L1 to H1 | 11/21/2006 |
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 ...
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| F-1 filing for AOS | 11/20/2006 |
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 ...
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| US child | 11/18/2006 |
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 ...
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| L2 visa | 11/17/2006 |
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 ...
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| Nunc Pro Tunc denied | 11/16/2006 |
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 ...
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| foreign national marriage | 11/12/2006 |
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 ...
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| H4 extension, out of status for more then 180 days | 11/9/2006 |
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. ...
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| L1 to H1 -ina dilemma | 11/8/2006 |
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. ...
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| L1 to H1 back to L1 | 11/7/2006 |
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). ...
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| L1 to H1 -ina dilemma | 11/5/2006 |
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 ...
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| L1 to H1 back to L1 | 11/3/2006 |
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. ...
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| H1 Transfer Question | 11/2/2006 |
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 ...
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| Green card from abroad | 10/27/2006 |
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 ...
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| L1 to H1 transfer | 10/26/2006 |
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 ...
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| 485 family based denial | 10/22/2006 |
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 ...
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| H1B question | 10/21/2006 |
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-485 | 10/19/2006 |
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 ...
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| Will my sister have to wait for her papers in HAITI | 10/16/2006 |
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: ...
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| F2 to H1 transfer | 10/12/2006 |
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 process | 10/11/2006 |
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 spouse | 10/8/2006 |
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 ...
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| immigration | 10/1/2006 |
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 visa | 9/29/2006 |
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 Visa | 9/26/2006 |
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. ...
|
| Divorce | 9/24/2006 |
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 Transfer | 9/23/2006 |
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 Security | 9/22/2006 |
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 visa | 9/18/2006 |
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 visa | 9/17/2006 |
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 H1B | 9/16/2006 |
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 tickets | 9/12/2006 |
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 ...
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| Visa | 9/11/2006 |
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 ...
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| EAD and H1 | 9/10/2006 |
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 ...
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| H1B employee | 9/8/2006 |
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 Status | 9/2/2006 |
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 Application | 9/1/2006 |
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 visa | 8/28/2006 |
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 AP | 8/27/2006 |
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 Visa | 8/23/2006 |
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-1B | 8/22/2006 |
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-751 | 8/19/2006 |
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 stamping | 8/18/2006 |
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 ...
|
| spouse | 8/17/2006 |
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 Support | 8/11/2006 |
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 query | 8/8/2006 |
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 Petition | 8/7/2006 |
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 issue | 7/31/2006 |
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 Status | 7/30/2006 |
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. ...
|
| Fiancee | 7/25/2006 |
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 Retrogression | 7/24/2006 |
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 ...
|
| immigration | 7/22/2006 |
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 travel | 7/20/2006 |
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 H1B | 7/19/2006 |
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 status | 7/18/2006 |
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 USA | 7/16/2006 |
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 H1 | 7/4/2006 |
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 work | 7/2/2006 |
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 US | 6/29/2006 |
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 Siblings | 6/26/2006 |
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 | 6/21/2006 |
Q: My question is can I file for COS to a H-1 if I find employment and a sponsor.(CPT is not an ...
A: Due to visa cap being reached for persons with a bachelor's degree or equivalent, the earliest that ...
|
| H1B 7th year Extension with former employer filed LC | 6/20/2006 |
Q: A few follow up questions: 1- Does the application for the 7th year extension need to be submitted ...
A: The application for the 7th year extension can be submitted as long as the starting date of the ...
|
| Optional Practical Training to H-1B | 6/19/2006 |
Q: I am currently working in US using my OPT. My current employer wants to hire me for a longer ...
A: You cannot extend OPT beyond the one-year maximum. Perhaps you can convince your employer that you ...
|
| H1B 7th year Extension with former employer filed LC | 6/17/2006 |
Q: I have been in the US first on J1 vis -physician- (7/1/99-6/30/03) and then on H1B with my waiver ...
A: Baslet, You would not be able to extend H-1B beyond six years through the new employer based on the ...
|
| Petition for a spouse or fiancée | 6/15/2006 |
Q: Someone tells me to sponsor a fiancée, a person must have an income of $13,200. Is it true? Do I ...
A: Actually, the figure is $16,500, which is 125% above the "poverty level". You should submit 3 years ...
|
| Traveling on a Parole | 6/12/2006 |
Q: Arora, I'm wondering if you can help me with the issue me and my wife (she is the US citizen) have ...
A: If you have applied for and been issued advance parole document, then you can travel and be assured ...
|
| F-1 to J-1 to H-1B | 6/9/2006 |
Q: Mr. Arora, I started working 2 weeks back and was in the process of applying for H-1B visa when I ...
A: You can be sponsored for J-1, but you must be sponsored by an organization authorized to issue Form ...
|
| H1 Visa transfer of approved H1-Visa (not stamped) | 6/8/2006 |
Q: How are you? Hope doing good. My situation is as follows: H1 Visa was applied for me from a ...
A: You cannot get the H-1B tranfer done since you have not entered the U.S. on H-1B visa status. You ...
|
| H1 Extension | 6/7/2006 |
Q: I was in USA on L1 visa for about 1 year. Then I got H1B visa for 2 years, not sure why I was given ...
A: Since you were outside the U.S. for more than one year, you can obtain another full six years in ...
|
| H1 Transfer | 6/4/2006 |
Q: Actually i am currently in india..i am working for comapny A who filled my H1B and they sent to US ...
A: Co. B will file H-1B petition for you. After approval, you must apply for H-1B visa in the name of ...
|
| Do I need to use Advance Parole or not? | 5/31/2006 |
Q: My spouse's employer filed for I-140 & I-485 (concurrent filing) along with EAD /AP last year under ...
A: You have the option of entering the U.S. on an unexpired H-1B visa, or on Advance Parole Document. ...
|
| H1 Transfer | 5/30/2006 |
Q: I have a H1B visa valid till Sep 07. I left US in Jan 06. I am in india now.I have 2 queries. 1. ...
A: I am assuming that you are not currently on the payroll of Company A. Therefore, Company B should ...
|
| Permanent Residency Application | 5/26/2006 |
Q: I am a Malaysian citizen. I came to the US on an F1 visa to get an undergraduate degree. My I20 ...
A: Your wife can sponsor you (Form I-130) and you can file adjustment of status at the same time (Form ...
|
| F1 to H1B | 5/24/2006 |
Q: I am currently completing my doctoral program and have obtained employment. Since I did not want to ...
A: You can hold only one status in the U.S., and if the H-1B is approved, it will have an effective ...
|
| Immigration | 5/23/2006 |
Q: I have a friend in Brazil that wants to come to the US and be a nanny for my brother. She wants to ...
A: Your friend should apply for a visitor visa (B-2) at the U.S. Consulate in her home country: ...
|
| Non profit H1B TO Profit H1-B | 5/21/2006 |
Q: I am working for a non-profit organization currently and would like a change to profit.My H1-B is ...
A: You will be subject to the cap if you transfer H-1B to a for-profit organization (unless it is an ...
|
| F1 visa after marriage | 5/17/2006 |
Q: I am an ESL student and I am going to be married with an American girl. My F1 visa expires in may ...
A: You will not be able to extend F-1 status once you are sponsored by your wife. However, there is no ...
|
| DV Lottery, F-1 visa, Adjustment of Status | 5/16/2006 |
Q: .. I have just recently returned to Ireland from the US after successfully completing a J-1 visa ...
A: I recommend entering the U.S. on your F-1 visa and then applying for AOS. If you apply for consular ...
|
| US/Canada immigration simultaniously | 5/14/2006 |
Q: We came to US in the year 2000 in non-immigrant visa (H1B/H4). We have always maintained legal ...
A: You can travel on advance parole document for any reason and you will be able to come back to the ...
|
| OPT expiring, reentry with H1B | 5/13/2006 |
Q: Akora, My OPT expired on May 12th. The company I was working for until then filed my application ...
A: There is a 60-day grace period in F-1 status, so you can remain legally for 60 days beyond May 12. ...
|
| H1B and marriage to US citizen | 5/11/2006 |
Q: I have been in the US on an H1B visa since 01. My final extension will put me through until June 07. ...
A: When you are married, all petitions/applications will be filed together including employment ...
|
| opt h1b gap | 5/8/2006 |
Q: Mr. Arora, I am student from India on OPT here. My OPT expires June 19 2006. I recently got H1B ...
A: Because the 60 day grace period does not take you to at least October 01, your H-1B approval notice ...
|
| Marriage | 5/5/2006 |
Q: I am a legal resident (green card). I have a friend that I want to marry him.He is a french citizen ...
A: Your friend can enter the U.S. without a visa, but this allows entry only for 3 months under the ...
|
| F1 - J1 - H1b | 4/20/2006 |
Q: I am presently temping on my OPT wich will expire 7/30/06. The new H1b would come out for Oct. 1st ...
A: Although you cannot legally be employed for those two months, you may be able to "volunteer" your ...
|
| J1 to H1B | 4/12/2006 |
Q: I am currently on the J1 visa but it will expire in December. I want to transfer to the H1B status ...
A: You should first determine whether you are subject to the 2-year home country requirement. This ...
|
| hi i am now here in los angeles,... | 4/8/2006 |
Q: california looking for someone who can sponsor me, i am currently under an agency. i had a degree in ...
A: You are qualified for the H-1B petition to be filed by your employer since you have a bachelor's ...
|
| I485 | 4/5/2006 |
Q: I have one I485 peding based on Niw I got my Lc approved and want to file another 1485 , having 2 I ...
A: Khan, There is a question on the I-485 about disclosing any earlier filing of an adjustment of ...
|
| Citizenship for children. | 3/15/2006 |
Q: Ajay, We, me and my wife are in the process of becoming US citizens. We are due for our ...
A: Your son automatically becomes a U.S. citizen since he is under 18 years of age. He should be able ...
|
| Applying for a J1 and transferring to a H1B | 3/13/2006 |
Q: I'm an Irish scientist and have accepted a job as a postdoctoral researcher in Denver starting in ...
A: Yes, it is OK to enter the U.S. on J-1 visa. The H-1B petition can be filed later, and you will be ...
|
| immigration | 3/12/2006 |
Q: AS under multinational executive/manager---our company usa got approval for 1-140 to beneficiaery, ...
A: The adjustment of status application can be filed only if the beneficiary is in the U.S. He can ...
|
| Immigrating while a Student | 3/2/2006 |
Q: My dad was recently granted permanent residency and I would like him to file for me. I am on a F-1 ...
A: Your Dad can file for you even though he does not live in the U.S. You will be either in F2A or F2B ...
|
| Visa for my husband | 2/28/2006 |
Q: I am permanant resident of USA, i got married last month in india, is there any way i can bring my ...
A: You can file a petition for alien relative (Form I-130) for your husband, but he won't be able to ...
|
| L2 visa processing | 2/24/2006 |
Q: My husband went on L1 last May 05 and his L1 visa got expired by August 05, but his I-94 is valid ...
A: The Consulate may want your husband to apply for L-1A visa valid until August, 2007 before htey ...
|
| pl. need u recommendations/guide... | 2/22/2006 |
Q: pl. need u recommendations/guide as in case permanent resident wants to get second marry from out of ...
A: After divorcing your current wife, you would marry again and file I-130 petition for new wife. I-485 ...
|
| immigration | 2/21/2006 |
Q: sir/always your expertize advises accurate./need guide line three monts past advised by you/we can ...
A: The beneficiary must be in the U.S. in order for adjustment of status to be filed. If he does not ...
|
| H4 Visa - Marriage album | 2/20/2006 |
Q: I got married in court and don't have the marriage pics showing important hindu rituals like ...
A: It will not be a problem. Your wife will take the engagement pictures along with the original ...
|
| immigration | 2/19/2006 |
Q: 1)am separated from wife who living in usa/want to remarry in pakistan-----------how can bring wife ...
A: After you are divorced, you can remarry. You will then sponsor your wife by filing a Form I-130 ...
|
| immigration | 2/18/2006 |
Q: As got approval for 1-140 petion from ins under multinational ececutive/manager catagory. '1)the ...
A: If the beneficiary has a visitor (B-1 or B-2) or L-1A visa already in his passport, he can enter the ...
|
| Changing Jobs after PERM | 2/16/2006 |
Q: The PERM process was approved and my company is filing for an EB2 for me (I-140 & I-145) at the same ...
A: You can change jobs after I-140 has been approved, and I-485 has been pending for six months. ...
|
| Consultancy work at home while on H1B Visa | 1/27/2006 |
Q: I work as a full time analyst in one of financial businesses. One of my ex-colleagues asked me to ...
A: You can work for the other company only if it files an H-1B petition for you as well (filing an H-1B ...
|
| H1B Visa | 1/26/2006 |
Q: I am on an H1B visa.... my green card is in process (6 months now. My H1B is with GE (engineering). ...
A: You can be paid only by your H-1B employer. However, you can have multiple employers file an H-1B ...
|
| Deportation Fears | 1/25/2006 |
Q: my fiance is from Canada, she has been here in Virginia with me for 9 months now. She didnt need a ...
A: The probability of deportation for a Canadian citizen is practically nil as long as she does not get ...
|
| H1B case | 1/19/2006 |
Q: ), Thanks a lot again for your response. This is very helpful to me. I got one more question ...
A: You can change status from J-1 to H-1B without any problem even if the H-1B sponsor is also the J-1 ...
|
| H1B case | 1/18/2006 |
Q: Regarding the H1B cap, thats what I've been reading and I thank you for your confirmation. I ...
A: You can use AIPT for J-1 visa application services and issuance of Form DS-2019. I do not know the ...
|
| H1B case | 1/17/2006 |
Q: I'm a young professional in the film industry from Spain who wants to go to work to Los Angeles in ...
A: If you have a bachelor's degree in a relevant field (such as Film Production), then an H-1B petition ...
|
| Immigration | 1/13/2006 |
Q: Respected Sir, I wish to know that - how can an international student (particularly an Indian) ...
A: You need either a family member who is a U.S. citizen (parent or spouse or brother/sister or child) ...
|
| F1 Visa and Change of Status | 1/6/2006 |
Q: Please, Is it possible for someone on a F1 visa to change status long before the F1 visa expire ...
A: Yes, you can adjust status from F-1 to permanent resident anytime a visa becomes available for the ...
|
| immigration | 12/22/2005 |
Q: 1) what is audited financial annual report/who can prepare it/may certified accountant who prepare ...
A: A audited financial report will be prepared by a CPA (Certified Public Accountant), and it can be ...
|
| Filing two petitions | 12/5/2005 |
Q: I would like to ask if it is allowed or possible to file an H-1B even though an immigrant petition ...
A: It is OK for an H-1B petition to be filed even though I-140 has already been filed by the employer. ...
|
| College Enrollment and legal status | 11/25/2005 |
Q: Is it true that the federal government is now verifying the legal status of all students if they are ...
A: Many colleges verify the status of a student before allowing enrolment. However, some colleges do ...
|
| i plan to go to the states... | 11/23/2005 |
Q: i plan to go to the states on december and find a work. i have heard that the maximum stay for ...
A: If you are granted six months stay upon entry to the U.S., it is OK to stay the entire six months. ...
|
| nursing student | 11/20/2005 |
Q: i am currently f1 student in a community college. i applied for the nursing program in the same ...
A: You need to be a full-time student during your stay in the U.S. in order to maintain F-1 status. ...
|
| J-4 visa | 11/14/2005 |
Q: I am a J-1 visa holder and doing internal medicanine residency in US. My wife is a J-4 visa holder ...
A: Your wife received the work permit (also known as EAD) based on filing the application for ...
|
| B1 visa extension | 11/10/2005 |
Q: My husband and my self are currently in US on B1/B2 visa. Earlier also we were in US on same visa ...
A: Since H-1B visa status allows for intention to immigrate to the U.S., even though H visa status is a ...
|
| immigration | 11/8/2005 |
Q: 1) A green card holder/how many months/year can live outside usa-----------if overstayed/what ...
A: You should continue to maintain a residence (an apartment or a house or residing in someone else's ...
|
| can I change jobs? | 11/1/2005 |
Q: I got an employment based green card 3 and a half months ago. Can I quit my current job and move on ...
A: There is no violation of the law if you change jobs within six months of obtaining your green card. ...
|
| J1 visa | 10/30/2005 |
Q: My fiancee was sponsored by an organization on the exchange visitor program and has worked in the ...
A: If your fiancee wanted to extend status through a new sponsor, she should have been issued either a ...
|
| US citizen marrying Indian citizen | 10/27/2005 |
Q: I am a US citizen. Which visa - Fiancee or wife visa (k3?) is better? Also, how long is the wait ...
A: If your fiancee is here in the U.S. currently (say on a visitor or student or worker visa) then it ...
|
| hi...its me again im sorry... | 10/25/2005 |
Q: ..its me again im sorry for the last email i sent you it was to long so i will try to simplify it as ...
A: Entering on a visitor visa (or on visa waiver if you are entering from most European countries) does ...
|
| Dear Mr Ajay,
My current... | 10/22/2005 |
Q: My current status is L2 with EAD.Visa and EAD expiring Jan . 1.Our visa extension (spouse in L1A ...
A: Both the L1A extension and the L2 with EAD application can be filed together at end of October. You ...
|
| L1/L2 visa query | 10/21/2005 |
Q: My husband's company have processed our L1/L2 and petition papers has arrived, currently we are in ...
A: Check the bottom of the L1/L2 approval ntoices whether the USCIS has granted change of status. If ...
|
| F-1 Visa | 9/18/2005 |
Q: Good day Sir! I'm a CPA based in the Philippines and I'm applying for a student visa to the US. Im ...
A: Any evidence showing your employment with the Philippine government (such as a letter verifying your ...
|
| H-1B Visa | 9/8/2005 |
Q: Namaste, Atty. Arora. I am an International Teacher from Manila, Philippines who's looking for ...
A: Namaste, Mr. Vengco, If you apply for an H-1B visa at the U.S. Consulate in Manila, then your ...
|
| couple o' questions. | 9/1/2005 |
Q: IM a foreign student who's 1-20 was just recently cancelled for early withdrawal from a us college. ...
A: You are currently out of status since a petition filed by your mother or your sister is by itself ...
|
| FirstName and LastName | 8/19/2005 |
Q: My name is Boppana Venkateswara Rao. I have my L1 Blanket (L-1A) filled by my Organization. In My ...
A: In our experience, there will be no problem since the Consulate will be able to verify that you are ...
|
| H-1B | 8/17/2005 |
Q: This is Sandra. I appreciate any advise I can get from you. I recently graduated from a graduate ...
A: If the H-1B approval notice has a I-94 attached to the bottom, which means that you were granted ...
|
| OPT / H1B | 8/16/2005 |
Q: Arora. My Name is Brennan Monteiro. I am from India. I just graduated with a Bachelor's degree in ...
A: An H-1B petition can be filed for you anytime starting from April 01, 2006. The petition must ...
|
| Canadian start up a business in US | 8/5/2005 |
Q: By studied your answer, I am not sure if I made myself clear on the question. I plan to invest and ...
A: If you will be involved in "actively managing" (day-to-day management) of the company, then my ...
|
| Canadian start up a business in US | 8/4/2005 |
Q: I am a Canadian and my brother is a US Citizen living in the States. He is currently a mechanic and ...
A: You can enter the U.S. without a visa for up to 6 months. However, your wife will need to apply for ...
|
| H1B | 7/21/2005 |
Q: I am a greencard holder for 15 months now. My girlfriend has an H1B visa and she is currently ...
A: You can file a petition for alien relative for your girlfriend (once you marry her), but this will ...
|
| Converting B2 to H1 | 7/20/2005 |
Q: Ajay, Iam Augustine from Paris, but actually am of Indian origin,am a student here completing my ...
A: A visitor visa (B-2) is not very difficult to obtain. The following website is helpful: ...
|
| L1 to H1 | 7/13/2005 |
Q: Now is there any option so that we can just ask for petition without a new I-94?I suppose if we ...
A: Since the petition has been filed already, and I am assuming that the employer has requested change ...
|
| F1 stamping | 7/11/2005 |
Q: I changed my status from H4 to F1 in 2003 but I do not have F1 stamp on my passport as I didn't go ...
A: You could be considered to have an intent to immigrate to the U.S., so the safe option is to wait ...
|
| L1 to H1 | 7/7/2005 |
Q: I am curently working on L1 Visa (in US) in an Indian based company. Another employer have applied ...
A: If the H-1B approval notice contains a new I-94 attached to the bottom of the approval notice (in ...
|
| immigration | 7/6/2005 |
Q: through LIA-we two persons are enjoying legal status both were already present in us(us office ...
A: Another L-1A petition can be filed if the employee has worked as a manager in the foreign company ...
|
| work permit renewal | 7/5/2005 |
Q: my work permit expired last month and and i have an application pending to adjust status based on ...
A: An application for employment authorization based on marriage should be filed. The form is here: ...
|
| Specialty Occupation and H-1B | 6/30/2005 |
Q: I would like to come to the US on F1 student visa to study for a Paralegal Associates Degree ...
A: You are qualified for H-1B since you have a LLB, which is equivalent of a four-year U.S. degree. ...
|
| OPT expires, what are my options | 6/29/2005 |
Q: My OPT expires by the end of this year 2005. I graduated with MBA-Project Management in Colorado ...
A: You can extend F-1 status if you are issued a new I-20 by the university. To maintain F-1 status, ...
|
| naturalization | 6/27/2005 |
Q: I passed written/oral USA history/civics test at citizenship interview, however immigration officer ...
A: You will need to prove residence in the U.S. during the lengthy absence. This can be showing through ...
|
| F1 Visa | 6/21/2005 |
Q: I am planning to come to the US on a F1 student visa. Obviously this will involve a lot of time and ...
A: Your child would automatically be a U.S. citizen at birth. With a U.S. passport, he can enter the ...
|
| F1 Visa | 6/19/2005 |
Q: I am planning to come to the US on a F1 student visa. Obviously this will involve a lot of time and ...
A: Your visa will neither be revoked nor will you have to leave the U.S. Although F-1 status requires ...
|
| L2 visa renewal | 6/18/2005 |
Q: My L2 visa expired on 02/14/2005 but my I-94 s valid till 02/2007(same is the case with my husband's ...
A: The Consulate in most cases wants proof that the principal applicant (the L-1 visa holder) has an ...
|
| H1b visa extension stamping | 6/15/2005 |
Q: My brother is in US on H-1B since last 6 years, in May 2005 his H-1B visa expired. But before that ...
A: If your brother entered the U.S. initially in H-1B visa status, the six-year clock starts on that ...
|
| Canadian working on an F-1 | 6/13/2005 |
Q: I am a journalist livining in Canada with a longstanding professional relationship, as an ...
A: A couple of general points: you can hold only one status at a time (F-1 or TN-1, for example). ...
|
| L1 processing | 6/6/2005 |
Q: We are from India, my husband is a computer science engineer having 8 years of experience in IT and ...
A: Your husband should ask the company for a receipt notice with a case number for the L-1B filing. ...
|
| i-20 for transfer student | 5/31/2005 |
Q: Respected Mr. Arora my son is on f1 status ,studying in bergen com.college.now he has taken ...
A: The college will issue an I-20 to your son. As long as your son is a full-time student, he will be ...
|
| Work visa | 5/26/2005 |
Q: I'm a Canadian citizen, and I've been offered a clinical research position in a post-secondary ...
A: Whether you will be subject to the 2-year home country requirement will be noted on the Form DS-2019 ...
|
| L1/L2 visa query | 5/24/2005 |
Q: My husband is working with a multinational company in India, currently we both are in US,he is on ...
A: Form I-539 will be filled out by you for L-2 status and filed with the USCIS. The instructions are ...
|
| H1B visa denial | 5/17/2005 |
Q: My OPT expired last december(december 2004). Right before my 2 months grace period expired, I got a ...
A: You are overstaying as of February 21. However, when you apply at the Consulate in your home ...
|
| h1 and h4 satmping | 5/7/2005 |
Q: Respected Mr Arora, i have heard that we can stamp h1 and h4 from canada or mexico,how much is this ...
A: It can be done as per http://amcits.com/nvars.asp However, if the Consulate where you will apply in ...
|
| L1 Visa | 5/2/2005 |
Q: I would like to thank you for taking the time to read and answer the following question. We have ...
A: Yes, a majority stake can be bought in his company, and he can be relocated to the U.S. company. ...
|
| photo album | 4/20/2005 |
Q: Respected Mr Arora, i am om h4 (i have completed my 6yrs, my labor is pending since 2002,my wife is ...
A: You can keep extending your H-4 status until your wife reaches her six-year limit, and then your ...
|
| immigration | 4/18/2005 |
Q: Applied for 1-765 EAD(opt) in March 2005/Approved on April-12,2005 from July -2005 to expired ...
A: You continue to remain in valid status until June, 2006, but you cannot work until July, 2005. To ...
|
| photo album | 4/17/2005 |
Q: Respected Mr Arora, i am om h4 (i have completed my 6yrs, my labor is pending since 2002,my wife is ...
A: Marriage photos are normally expected of persons who are married for only a short time, but since ...
|
| H1B | 4/12/2005 |
Q: my name is Mausam Gautam and i am working in software firm India.My parents filed my petition in ...
A: The earlier petition by your parents will not interfere with issuance of H-1B visa. Therefore, you ...
|
| wrong birth date in h4 paper | 4/1/2005 |
Q: Respected Mr.Arora while transfering my visa status from h1 to h4 i have got wrong birth date on ...
A: When you send I-94 back to the USCIS for correction, do not send the original I-94; send only a ...
|
| immigration | 3/31/2005 |
Q: three years past 1 got LI-A/now approved 1-485/ G.C under process. 1) May our us corporation/foreign ...
A: Since your son has worked abroad in a managerial or executive capacity for at least one year during ...
|
| travel and work illegally while AOS | 3/29/2005 |
Q: First of all, thank you very much for your helpful advice I have been given by you. Now I have a few ...
A: You must not travel until the time of the AOS interview, when they will stamp your card with the ...
|
| visit to india | 3/25/2005 |
Q: respected mr arora i have completed my 6 years on h1,my labor is pending since 2002,now i am on h4 ...
A: You cannot be issued the visa stamp in advance, but you can make an appointment for a visa stamp to ...
|
| Visa questions | 3/19/2005 |
Q: I have an MSEE degree. First Issue: Right now, I am currently on OPT, which started in Feb. which ...
A: You realistically have until about the end of July, 2005 to find a job before the cap is reached. ...
|
| H1B | 3/9/2005 |
Q: Do pastry chefs qualify for a H1B visa? Someone who owns a french restaurant in California is ready ...
A: An H-1B petition is not suitable since the position must require a bachelor's degree and in addition ...
|
| Green card and PERM Advantage for Newly H1B worker | 3/3/2005 |
Q: I am on the 1st year of my H1b job with the 1st employer of my career. When and under what ...
A: The employer can agree to support an employee for the green card process through PERM anytime. (The ...
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| visit to india | 3/2/2005 |
Q: respected mr arora i am on h1 my husband is on h4 (he has finished his 6 years,his labor is pending ...
A: Your husband can travel, but he needs to be issued H-4 visa at a U.S. Consulate in Canada or Mexico, ...
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| a complex situation and H1B denial | 3/1/2005 |
Q: Arora, I am Hetal Velani, a software engineer working in US. First of Thanks much for the help you ...
A: You appear eligible for extension based on either application for labor certification or I-140 ...
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| labor approval | 2/22/2005 |
Q: mr arora my file is put up for labor in april 2004 from minniasota in rir. now all the files are in ...
A: It could take up to 2 more years for RIR to be approved, whether through Minnesota or NY. We cannot ...
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| H4 in case of H1 transfer | 2/21/2005 |
Q: I have a question regarding H1 Transfer. Situation is The principal alien is the beneficiary of an ...
A: The family members maintain their H-4 status even though the principal applicant's employer has ...
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| Student Visa | 2/19/2005 |
Q: I have a expired toruist visa. Now i am thinking of getting a student visa. Do you think i will be ...
A: You must be in valid nonimmigrant visa status in order to change to another nonimmigrant visa ...
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| Effect of Canada landing | 2/15/2005 |
Q: Sir: I recently got my passport stamped with my I-551 US green card. I was also approved a while ...
A: You can travel anywhere in the world with the I-551 stamp. You will have no problem traveling to ...
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| I-140 and I-485 | 2/13/2005 |
Q: I was planning to file my labor certification thru PERM.I was wondering if i can file I-140 and ...
A: The I-140 can be filed immediately after labor approval, but whether I-485 can be filed depends on ...
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| IMMIGRATION | 2/10/2005 |
Q: 1)was in LI-Astaus now approved I-140/also having work permit can work for another employer with ...
A: You can work for another employer as long as you also continue working for the L-1A emploeyr at ...
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| F1 visa help | 2/9/2005 |
Q: I am from Pakistan and my case is approve by USCIS and send me approvel letter after some weeks NVC ...
A: If you were sponsored in Jan. 2001, then then priority date would be current and a visa would be ...
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| AC 21 Question...... | 1/15/2005 |
Q: I have some doubt please help me if you can..... 1.>Is there any way one could find out if the 140 ...
A: You should speak with your employer to see if he has revoked the I-140 or not. It can be refiled if ...
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| Salary Wage Question. | 1/12/2005 |
Q: Mr. Arora, My green card is recently approved. I understand a green card comes with 6 months to 1 ...
A: It is only the "intention" of the employer to pay you the agreed upon wage, but this intention is ...
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| PERM, H1 transfer | 1/8/2005 |
Q: My H1 expires in December 2005. My present employer has filed for labor certification in November ...
A: You will be unable to convert RIR (your labor case was probably filed under RIR rather than ...
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| PERM | 1/5/2005 |
Q: Heard that PERM process is published and will start on March 28th. Information i got about PERM from ...
A: Conversion to PERM is not allowed without first withdrawing the Labor application and then refiling ...
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| Student Visa and Green card | 12/31/2004 |
Q: Ajay. It released my long time curiosity. By the way, due to your suggestion, I would like to know ...
A: The paperwork will be filed at an address in Chicago, IL even though you are living in GA as per ...
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| Student Visa and Green card | 12/30/2004 |
Q: I am a student visa holder. My I-20 was expired on August 13, 2004, but actually my course had been ...
A: Since you ceased being a full-time student in Jan. 2004, you should not travel on advance parole ...
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| job options with F-1 status | 12/29/2004 |
Q: I just graduated and am now awaiting my OPT card in the mail. While searching for jobs, I stumbled ...
A: OPT should be used only for training or employment in your field of study. Therefore, you should not ...
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| green card | 12/21/2004 |
Q: I am under h1 visa. My wife has 1 year working permit because she applied for assylum. Now she works ...
A: A green card petition can be filed for your wife if she has worked for at least 1 year during the ...
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| LC in NJ | 12/16/2004 |
Q: Heard a lot about you through my friends. Thanks a lot for all your helps. I live and work in NJ ...
A: PERM is about to be implemented, and you can then convert from RIR to PERM. The information below is ...
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| J-1 question. | 12/5/2004 |
Q: This is my first time at this site; I hope that you can help me out. I am a foreign medical ...
A: You can change status from B1/B2 to J-1 while you are in the U.S. The approval notice will have a ...
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| Possible discrepancy in H4 visa | 11/3/2004 |
Q: My wife recently applied for a H4 visa and upon getting her passport back from the US Consulate has ...
A: It is OK if it mentions your LIN # since her H-4 status is dependent upon you maintaining your H-1B ...
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| H1B and past immigration violations | 10/29/2004 |
Q: There is a slight problem in this case too. The payment was given to me AFTER I came back in with ...
A: Believe me that the USCIS does not have a copy of the paystub in question, and even if they did, ...
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| Owning an LLC by F-1 student !!! | 10/25/2004 |
Q: I know that you answered a question about an F-1 student who wants to own an LLC,and you said that ...
A: Anyone in any status can own property, make contracts, etc. The issue is whether you can be ...
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| US Immigration | 10/22/2004 |
Q: . I have a question and I was wondering if you could help me. Here's the story...My soon-to-be ...
A: Your husband will be studying in F-1 visa status, and you will be accompanying him in F-2 status. ...
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| immigration | 10/10/2004 |
Q: 1)1f workpermit (EAD) as opt(FI student) not issued after 7-months /what we have to do/two times ...
A: You can call the USCIS at 800-375-5283 and give them the receipt number of the EAD application (Form ...
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| immigration | 10/2/2004 |
Q: 1)IN case as LI-A holder gets work permitfrom INS may he work for another employer instead of ...
A: You should continue working for your L-1A employer when you receive your work permit. You can work ...
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| 6 year limit and new rule | 9/27/2004 |
Q: I have applied for GC from NJ in June 2002 and i am still in the Labour clearence stage. I have ...
A: You can extend your H-1B beyond six years since your labor cert. has been filed at least one year ...
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| Regarding H1b | 9/14/2004 |
Q: Iam Currently on H4, which is valid till 2006. Now very recently a company applied for my H1b and i ...
A: The H-1B approval notice should have an I-94 attached to the bottom. This means that you were ...
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| H-1B transfer | 9/13/2004 |
Q: I'm having a H-1B transfer from Company A to Company B. I will be getting the Receipt # (WAC #) of ...
A: You should not travel and apply for an H-1B visa at a U.S. Consulate until you have H-1B approval ...
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| Do I need to write an invitation letter | 9/12/2004 |
Q: Have seen you give sound advice to all now I am in need of one! I would like to know if it is ...
A: An invitation letter is not required, but you can submit one to your parents if you like. You should ...
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| Status issue | 9/10/2004 |
Q: I have a question and I would be glad if you can help me out with some advice. I CANNOT afford a ...
A: My recommendation is to cancel your admission only after October 01. The new regulations require you ...
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| H4 visa transfer upon H1 transfer | 9/7/2004 |
Q: I highly appreciate this service you are providing through allexperts.com. I would like to know your ...
A: Your wife will automatically maintain her H-4 status until May, 2006 since you are maintaining your ...
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| Second job on H1 Visa | 8/16/2004 |
Q: I am current in th eUS on an H1B visa as an engineer. I am currently getting my MBA part time. ...
A: H-1B status is employer-specific, so if the university files an H-1B petition for you, you can work ...
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| Student visa | 7/20/2004 |
Q: I got a Student visa for 2 years and it is still valid. But I stop enrolling the school for 6 ...
A: You should be a full-time student in order to maintain your F-1 status. However, if you can convince ...
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| Citizen | 7/19/2004 |
Q: Ajay I am getting ready to apply for citizenship. In the past 5 years i have stayed out of US only ...
A: You are eligible since the one stay outside the U.S. was for less than one year. Do not bother with ...
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| Natralization | 7/10/2004 |
Q: I have met requirements for natralization. Currently i am out of the country. My question is Does ...
A: You need an address in the U.S. and as long as you have been "residing" at the U.S. address for at ...
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| J1 visa | 6/27/2004 |
Q: I am currently in the US on a J1 visa ,and I would like to legally migrate to the usa ?how can I ...
A: Your generally need your employer to sign an application for Labor Certification, which is filed ...
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| visit visa. | 6/25/2004 |
Q: My parents are here with me now in US and they have visiting visa. Due to personal reasons, i would ...
A: There is no problem in filing an extension of their status. File Form I-539: ...
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| Green Card Filing for parents | 6/18/2004 |
Q: I contacted you couple of times earlier too and I always appreciate your advise. I need your advise ...
A: You can sponsor your parents only if you are a U.S. citizen. The family categories are listed here: ...
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| starting business in US on J-1 visa | 6/6/2004 |
Q: I am German and studied and have lived in the US for the past 13 years. Now I am full time employed ...
A: Anyone in any status can open a business, but for you to be "employed" by this business an H-1B ...
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| H1 and minimum pay | 5/27/2004 |
Q: I heard about you from my friend who got the perfect advise from you. I thought I will get some ...
A: Your company can pay you less than the amount stated on the H-1B petition only if the company files ...
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| H1-B | 5/17/2004 |
Q: How long can a H1-B person stay in the US after leaving job. Can they take up another job in this ...
A: There is a 10-day grace period in H-1B status, and therefore you can remain for 10 days after ...
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| H-1B petition | 5/12/2004 |
Q: A couple of questions I would like to ask in regards to H-1B petition. Does the company who files ...
A: There is no requirement to show a shortage of U.S. workers for the position. The H-1B petition ...
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| H1 extension beyond 6 years | 4/28/2004 |
Q: Mr. Arora, First I would like to thank you for your noble service to the community. My H1B expires ...
A: The general rule is that you can apply up to 6 months prior to the requested start date. Therefore, ...
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| H-1B visa & part time position | 4/8/2004 |
Q: Is it legitimate enough to file for H-1B visa with part time position? Is there a constraint as far ...
A: Yes, it is OK to file for part-time position. My recommendation is that no matter how few the hours, ...
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| visa stamping | 4/5/2004 |
Q: I came in USA in 2000 on h-1 visa , then i got the extension of h-1 from same company and after then ...
A: Since your H-1B visa stamp has been expired for more than one year, it is not possible to obtain ...
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| About Transferring H-1B | 3/26/2004 |
Q: Currently, my H-1B sponsor is from a university which is an H-1B cap exempt institute. I recently ...
A: Due to the cap, I recommend that you not give your resignation to the university until at least the ...
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| H1 Visa | 3/20/2004 |
Q: I am currently on H1 visa with a South Asian publication. I am looking for a change in the ...
A: You can be sponsored by a law firm or other employer for Paralegal or other suitable title such as ...
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| Forming LLC as an international student | 3/16/2004 |
Q: Currently I am in my senior year at a univercity as an international student(on a F1 visa).I have a ...
A: This will be OK. Anyone in any status can open a company or make contracts or buy property or sue in ...
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| F-1 Visa | 3/2/2004 |
Q: My brother-in-law wants to come to NY to do graduate degree work at Baruch. He has to fill out a ...
A: The nonimmigrant visa application form that is being completed by your brother-in-law specifically ...
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| I-751 filling instruction | 2/27/2004 |
Q: My sister married to US citizen and she has temporary Green Card. After nearly two years with temp ...
A: Affidavits are not required, but it is still helpful to show evidence of living together such as ...
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| Labour process | 2/26/2004 |
Q: I am Mihir and I live in NJ. My company filed GC (Labor Certification phase) in 2002. All the sites ...
A: Processing times for all states can be checked on this website: ...
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| Question on H1B 6 year limit | 2/11/2004 |
Q: I got my first H1B visa on July 1999 and came into US on Aus 1999 for my first job. Last year I ...
A: The H supplement to Form I-129 that was filed as part of your H-1B petition asks about prior periods ...
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| H 1 B help | 1/21/2004 |
Q: This is regarding my H 1 B visa I have done my masters in constuction managent and right now i am ...
A: If you apply through premium processing, you should be within the visa quota of 65,000 visas. My ...
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| multi-entry visitor visa : length of stay during 2 visit | 12/17/2003 |
Q: my mother has a multi-entry visitor visa, was issued a 6-month length of stay, and we want her to ...
A: I can only discuss your case generally since the outcome really depends on the mood of the officer ...
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| H1B | 12/2/2003 |
Q: I am a international medical graduate in persuance of H1 B visa. My visa would be filed in mid ...
A: Here is an excerpt from the update section of our website at www.h1b1.com INS Releases H-1B Count ...
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| Working in the us w/o permit | 10/19/2003 |
Q: I have a friend who has a job offer, however is here on a student visa. He does not have a work ...
A: Your friend can be sponsored by his employer through a process called Labor Certification: ...
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| adjustment of status | 10/2/2003 |
Q: I am a Canadian citizen working on a TN class visa. I married a US citizen, and heard that while ...
A: You can continue to work in TN status even after marriage and sponsorship by a U.S. citizen. You ...
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| Dear Ajay,
I have 2 questions.
1.... | 9/4/2003 |
Q: I have 2 questions. 1. I am in FL on H1B visa. Let us assume, in my spare time, I sell something on ...
A: You can sell on ebay without a problem unless you spend a substantial portion of your time doing ...
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| B2 visa for parents from Ukraine | 8/10/2003 |
Q: Some background Both my husband and I are Ukrainian citizens who have been studying here for the ...
A: The letter that you are intending to write to the U.S. Consulate in Ukraine, and which your mother ...
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