| Subject | Date Asked |
|
| 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 ...
|
| 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 ...
|
| I-94 return date. | 9/29/2008 |
Q: 1> My mom's 10 yr visa to US expires Apr 2009. She is planning on visiting US in Dec 2008. In the ...
A: I do not recommend that your mother enter the U.S. on a visitor visa if you have already applied for ...
|
| J-1 to F-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 ...
|
| HELP ME!!! | 9/23/2008 |
Q: I have been with my current illegal boyfriend for almost 2 years and now i am pregnant and due in ...
A: Even if you sponsor your husband (you would be required to marry your boyfriend in order to ...
|
| Graduate studies during Green Card 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 ...
|
| 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. ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| H1b to Green card through a for profit but working in a not for profit organization? | 8/18/2008 |
Q: I am currently a medical resident on H1b not under the cap going to be done with residency June 2009 ...
A: Unfortunately, in the scenario described you would be subject to the visa cap, and therefore the ...
|
| f 1 rejected ,can re enter on 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| Can I apply for ead? | 7/21/2008 |
Q: MY question is that i have a old labor cert approved with date of january 2001 and a new labor cert ...
A: Check the priority date on the I-140 approval notice...it will be written there. Then check to see ...
|
| F1 stamping in 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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. ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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. ...
|
| Need to get my wife legal... | 1/14/2008 |
Q: My wife entered through Mexico about 3 years ago and was entered into the immigration process where ...
A: Since your wife appears to have entered the U.S. legally, she should be able to adjust status within ...
|
| Query regarding change of 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| Bringing Spouse to U.S. | 12/24/2007 |
Q: I recently married my boyfriend who happens to live in Jamaica. Will it be difficult to bring him ...
A: Supporting your spouse for a K-3 visa is a faster method of bringing your spouse to the U.S.: ...
|
| wife of US citizen wants to have tourist 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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. ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| I had a baby in USA with a Visa, Now I´m going to ask for a J1 visa, what could happen? | 11/16/2007 |
Q: I am going to apply for a visa J1 (I already have my employment contract) I have to fill out the ...
A: You must tell the truth about any family members. Having a baby in the U.S. should have no bearing ...
|
| H4 to H1 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# ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| H1 options: renewal and transfer, or green card? | 10/14/2007 |
Q: I have been in the states studying since 95. Afterwards, I have been working in company A for 2.5 ...
A: You are totally dependent on Co. B to file H-1B petition for you. Co. B would request 3-year ...
|
| H1 as a 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| US Citizen filing for spouse with F1 Visa currently living in the USA. | 9/27/2007 |
Q: US Citizen filing papers for spouse with F1 Visa currently living in the USA. First and foremost ...
A: Your husband should have a medical exam completed on Form I-693: ...
|
| I-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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| B1-B2 to any permanent visa.. | 8/22/2007 |
Q: I am in the US now, its been about 20 days, my I-94 expires at feb-2008, and I would like to be ...
A: Employer sponsorship is covered here: http://www.foreignlaborcert.doleta.gov/perm.cfm Basically, ...
|
| H1b change of status 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 ...
|
| Legal issue question? | 8/19/2007 |
Q: I'm in US with H-1B Status and working for company-A, Got new H1 with Company-B. Went out of country ...
A: The I-94 issued at the POE was the latest action by the USCIS, and took precedence over the H-1B ...
|
| US naturalization and 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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: ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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. ...
|
| What to do after Associates Degree... | 3/28/2007 |
Q: I am in USA from last 2 years now. And I am almost done with my Associates Degree in Radiology ...
A: The standard working visa (H-1B) requires a bachelor's degree. You can work on-campus for 20 hours ...
|
| reentry with green 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| difficult to enter us? | 3/5/2007 |
Q: My boyfriend will be traveling over here to the US next month and he is planning on staying for 90 ...
A: As a citizen of the U.K., your boyfriend can enter the U.S. without a visa under the visa waiver ...
|
| H1B out of 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 ...
|
| 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 ...
|
| 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, ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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, ...
|
| 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 ...
|
| 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 ...
|
| 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. ...
|
| 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 ...
|
| 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 ...
|
| Naturalization, I-130, I-485. | 1/27/2007 |
Q: I am an unmarried 18 year old living in southern california. My mom brought me here from Hong Kong ...
A: Your Mom can sponsor you through I-130/I-485 as soon as she becomes a naturalized U.S. citizen. ...
|
| I-131 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 ...
|
| 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 ...
|
| Re-entry with "old card" | 1/23/2007 |
Q: I applied for a "replace alien registration card"; did the biometrics. I've received an approval ...
A: I recommend that you go to the local USCIS office and obtain a temporary green card stamp in your ...
|
| Moving back to 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, ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| Having part time job with H1B visa? | 12/28/2006 |
Q: I am currently working in the States on H1B visa for a company. I am wondering whether I can get a ...
A: H-1B status is employer specific, and therefore if you want to work elsewhere the new employer must ...
|
| Applying to AOS during F1 grace 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 ...
|
| 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 ...
|
| 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, ...
|
| 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, ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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. ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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. ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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. ...
|
| 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. ...
|
| 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). ...
|
| 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 ...
|
| 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. ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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: ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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 ...
|
| 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</ |
