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| Subject | Date Asked |
| Experience & minimum hours for GC application | 2/9/2012 |
| Q: Due to expected difficulty of collecting prior experience supporting documents from overseas, I plan ... A: The green card process should be for a full-time position only. This is generally considered to be ... | |
| I 485 / OPT/H1B | 2/8/2012 |
| Q: I am a Master's student who changed from H4 to F1 for Spring 2012. My husband is about to file I-485 ... A: You can remain legally in the U.S. based solely on I-485 filing, and be issued EAD as well as ... | |
| reentering usa on B1/B2 | 2/8/2012 |
| Q: good evening sir, my name is sandeepa poojary, i'had been usa for six month. i went usa on26thdec ... A: As you have been outside the U.S. for at least several months after your earlier visit lasting ... | |
| H1B Intent to Revoke | 2/7/2012 |
| Q: "Hello Ajay, During my H1B Visa stamping, the Consulate Officer issued me a 221g and was going to ... A: It does not appear as if the Consulate will issue you an H1B visa stamp through the current H1B ... | |
| L1B & L2 Simultaneously | 2/5/2012 |
| Q: I am currently in US on L1B expiring on Sep 2013 through company A. My wife is also in US on L1B ... A: An application for change of status from L1 to L2 status filed with the USCIS is an application that ... | |
| L1A Renewal Denial | 2/3/2012 |
| Q: I had a L2 and my husband had a L1A that expire on Nov. 22, 2011. The company filled the petition ... A: Your husband's company can file another L1A petition for your husband. It is is approved by the ... | |
| Visa Stamping while visiting a country | 2/3/2012 |
| Q: My husband changed his status from F1 to H4 here in the US. USCIS has sent us the approved notice. ... A: An H4 visa stamp will be required to enter the U.S. Normally a U.S. Consulate in a particular ... | |
| H1B Denial and entry on F1 visa | 2/1/2012 |
| Q: I had applied for H1B visa with USCIS during my OPT period, which expires after five months from ... A: You can enter on your existing F1 status if you have unexpired F1 visa stamp in your passport. The ... | |
| Which work visa would apply in this case? | 1/31/2012 |
| Q: My company wants to hire an employee in our New York office who has a dual citizenship of Australia ... A: Correct, H1B petition can be filed in April, with requested employment start date of Oct. 01, 2012. ... | |
| Which work visa would apply in this case? | 1/31/2012 |
| Q: My company wants to hire an employee in our New York office who has a dual citizenship of Australia ... A: H1B petition cannot be filed at this time due to visa cap issues: http://www.uscis.gov/h-1b_count ... | |
| Fiance Visa vs. Marrying in Mexico | 1/30/2012 |
| Q: Salutations. My question is regarding the pros and cons of bringing my fiance and her two kids ... A: If entry to the U.S. is made on the fiance visa, then marriage must occur within 90 days of entry, ... | |
| Reactivation of old H1B (2008 quota) | 1/29/2012 |
| Q: I got my H1B approved in 2008 and initially came to US on H1B in Nov 2008. However, the funding for ... A: The H1B employer (whether this is the old H1B employer or a new employer makes no difference) will ... | |
| I-485 question re. employment experience | 1/28/2012 |
| Q: I am getting ready to file my I-485 and found a problem: The resume that I submitted for my I-140 ... A: A resume is not required to be submitted with H1B petitons or I-140 petitions or I-485 applications, ... | |
| Green Card status and trip abroad | 1/27/2012 |
| Q: My father and mother in law, both have Green Cards. They are not living in the United States but ... A: The one year clock for time spent outside the U.S. for any trip starts from date of departure, in ... | |
| L1 Conditions for Employer | 1/26/2012 |
| Q: Could you please help me understand the conditions for any employer to be eligible to do L1 visa for ... A: There is no minimum # of employees required at the foreign company. However, it is expected that the ... | |
| Recruitment phase of PERM | 1/24/2012 |
| Q: My employer is filing for my Labor Certification and and is currently on the advertising phase.Does ... A: Yes, the salary offered must be noted on the job notice posting prepared in connection with PERM ... | |
| US Citizen Petition Brother | 1/24/2012 |
| Q: I was wondering how long does he have to wait to be called to get his residence. I had received only ... A: Information about the family sponsorship categories is here: www.h1b1.com/sponsor.htm Unless your ... | |
| Porting I140 EB3 old priority dates | 1/24/2012 |
| Q: Here is the situation: (1) Employer-A. I-140 approved and later on revoked, with priority dated ... A: An approved I-140, even if subsequently revoked by the sponsoring employer, is useful for preserving ... | |
| Marriage during OPT? | 1/21/2012 |
| Q: I am currently on F-1 status and it expires in 2015. I have a question regarding whether i can go to ... A: OPT is F1 status. I would recommend that you notify your DSO (also known as international student ... | |
| Dates of experience letter from former employers | 1/21/2012 |
| Q: Then I got letters from my former employers for my experience, but they are dated 7 years ago. This ... A: Employment experience letters can be dated at the termination of your employment, or can be dated ... | |
| H1B filing and LCA | 1/21/2012 |
| Q: My H1B was initiated by one of the employer before the quota was finished for 2011-2012 year in ... A: The certified LCA is not required to be revoked. In any event, only the employer which filed the LCA ... | |
| Experience document for green card | 1/20/2012 |
| Q: I gained my experience out of America, back in my country as a physical therapist. Will I need to ... A: The I-140 requires submission of employment experience letter(s) from former employers if the ... | |
| H1-B Visa holder marrying US Citizen | 1/17/2012 |
| Q: I am a H1-B visa holder and my visa expires late next year (2013). I am wanting to marry a US ... A: As you are divorced, you can remarry and be sponsored again with the filing of an immigrant ... | |
| EB2 category | 1/17/2012 |
| Q: Can you tell me the step by step process for Eb-2. I work in HR and will have to file Eb-2 for an ... A: For an EB2 filing, a PERM application is filed with the Dept. of Labor requiring a either a Master's ... | |
| Visa Renewal | 1/16/2012 |
| Q: If I obtain approval of an extension for an L1-B or H1-B visa (actually I am on an L1-B and my ... A: When your employer files an H1B or L1B extension petition with the USCIS, the approval notice issued ... | |
| taxes/naturalization | 1/15/2012 |
| Q: my ignorance has plaed a big role also I consulted an attorney he told me that I would have to file ... A: In order to show "good moral character", required for the naturalization application to be approved, ... | |
| L1 to H1B | 1/13/2012 |
| Q: I am in L1 Status. My L1 ends Oct 2012. My assignment with my company ends June 2012. I want to ... A: Due to visa cap issues, the H1B petition can be filed no earlier than April 01, 2012, and the ... | |
| Marriage to a U.S. citizen | 1/13/2012 |
| Q: I am foreign student at U.S.A and I am planning to start the processing for green card and right ... A: I am assuming that your marriage will be with a U.S. citizen. The immigrant petition (I-130) along ... | |
| EB2 eligibility | 1/12/2012 |
| Q: wish you Happy new year, i Have 3yrs indian bachelor+ 2years masters + 6yrs of experience in US came ... A: If your master's degree is in a field or subject related to your 3 year bachelor's degree, then you ... | |
| Travel while change of status app. pending | 1/11/2012 |
| Q: I am filling my spouse's change of status application from H4 to F1. I remember the last time I had ... A: If your wife travels while her change of status application is pending, it will be denied by the ... | |
| J1 waiver spouse, does that fall under cap? | 1/10/2012 |
| Q: My wife is on J1 and I am on J2. She is going to apply for her J1 waiver, once she receives that I ... A: You will be subject to the H1B visa cap, unless the petitioner is cap-exempt. In this instance, the ... | |
| Filing I-485- Question on I-20 | 1/10/2012 |
| Q: I read somewhere that we need to submit the I-20 document from college. I have been out of college ... A: I-20's are not normally attached when filing the I-485 adjustment of status application. Thus, you ... | |
| I-485 AOS and F1 | 1/9/2012 |
| Q: My husband is on a H1-B and I am just got my change of status from H4 to F1 approved a month back. I ... A: It is OK to file I-485 for both you and your husband together when your husband's priority date is ... | |
| Valid H1, planning for L2 | 1/9/2012 |
| Q: I hold H1 for a company and had been to US on H1 as part of my work I still have a valid H1B visa ... A: It is a good plan to apply for L2 visa stamp at the Consulate, as you do not plan on working for the ... | |
| Green Card change of location | 1/6/2012 |
| Q: Ajay K. Arora, I had the following question regarding my Green Card application: My current ... A: The green card process, initiated through the filing of a PERM application after there has been ... | |
| Visitor visa while F2A is under process | 1/4/2012 |
| Q: My husband has recently applied for my F2A visa and it is at 'Initial Review' state. Now, if I want ... A: The Consulate is unlikely to issue you a visitor visa while your immigration process through ... | |
| L1A Blanket eligibility query | 1/4/2012 |
| Q: I am with one of the top IT MNCs in India. I have overall experience of 5.2 years. I was in the ... A: The USCIS only requires one year of experience with the company supporting you for the L1A visa ... | |
| GC through marriage to a U.S. citizen | 1/3/2012 |
| Q: I am foreign student in the U.S.A. with F1 status. I met my fiancé 4 years ago and now we have baby ... A: You can be sponsored for a green card once you are married to a U.S. citizen: ... | |
| Changing jobs after I-140 | 12/29/2011 |
| Q: My husband has applied for GC in the EB2 category and has his I-140 approved. Our priority date is ... A: If Co. B's PERM is certified, when the new I-140 is filed with the USCIS it will be filed with a ... | |
| Changing jobs after I-140 | 12/29/2011 |
| Q: My husband has applied for GC in the EB2 category and has his I-140 approved. Our priority date is ... A: I recommend that the promotion to the title of Senior Engineer be declined at this time since, ... | |
| Changing jobs after I-140 | 12/29/2011 |
| Q: My husband has applied for GC in the EB2 category and has his I-140 approved. Our priority date is ... A: Your husband can join Co. B now if company B files an H1B petition for him. Co. B will need to ... | |
| Priority Date Current - Expected time for GC | 12/28/2011 |
| Q: My husband applied for GC in EB2 category. Our priority date is current. If we apply for GC now, ... A: It typically takes about 6 months for I-485 to be approved if filed now due to priority date being ... | |
| HI visa and COS | 12/22/2011 |
| Q: I am an RN and previously had a HIC visa that expired in July 2011. I have an approved I-140 but i ... A: Both F and B visa categories do not allow for intention to immigrate to the U.S. Thus, the ... | |
| H1b visa approval for only 1 year | 12/22/2011 |
| Q: sir, My H1b petition got approved for one year last week. Is it normal that these visas are ... A: Either the employer asked only for one year instead of 3 years, or the employer did not provide ... | |
| Priority date current - apply for GC later? | 12/21/2011 |
| Q: I guess my case is a little strange as i don't want to apply for I-485 now even though my EB2 ... A: There is no deadline for filing an I-485 application when the priority date is current. Thus, the ... | |
| H1B transfer Approved without I-94, I-290B filed | 12/20/2011 |
| Q: I was in F1 Status OPT( Optional Practical training) untill December 31st 2010, got my first H1B ... A: It is a good idea to submit at least a couple of very recent pay stubs from Co. A when Co. C files ... | |
| H1B transfer Approved without I-94, I-290B filed | 12/20/2011 |
| Q: I was in F1 Status OPT( Optional Practical training) untill December 31st 2010, got my first H1B ... A: It would have been OK to go back to Employer A if there was no violation of status in the interim. ... | |
| Job change after filling I-485 | 12/20/2011 |
| Q: I was wondering when can a person change jobs after filling I 485. What is the procedure? And are ... A: I am assuming that your I-485 (adjustment of status application) filing was based on I-140 (petition ... | |
| H1B transfer Approved without I-94, I-290B filed | 12/20/2011 |
| Q: I was in F1 Status OPT( Optional Practical training) untill December 31st 2010, got my first H1B ... A: You cannot remain in the U.S. legally based on pending appeal. You would have been able to continue ... | |
| Query regarding my L1B Extension | 12/18/2011 |
| Q: Hope you are doing good. I am in US from last 3 years on L1B visa. I had a couple of questions on ... A: You can depart the U.S. anytime. However, if the L1B petition has not yet been approved at the time ... | |
| L1B-Blanket Rejected | 12/18/2011 |
| Q: my L1-B Visa has been refused saying "Its not clearly Approavable" and the Visa Officer returned my ... A: If the letter from the Consulate does not indicate any additional documents requested by the ... | |
| F1 to H4 or F1 THEN H1 | 12/14/2011 |
| Q: I am currently working on OPT which expires on 16th Feb 2012; My employer will file for my H1 after ... A: If your employer files an H1B petition no more than 60 days after OPT expiration (there is a 60 day ... | |
| F1 to green card | 12/13/2011 |
| Q: I am currently working on H1 and my company will be filling my green card in EB2 category in one ... A: Your wife can file for adjustment of status along with your adjustment of status when your priority ... | |
| L-1B Blanket petition | 12/13/2011 |
| Q: I wanted to ask a small query which is pestering me as my company is trying to process L-1B Blanket ... A: Yes, it is perfectly OK to work for the parent company in the U.S. Any type of relationship between ... | |
| H1B petition employment start date | 12/12/2011 |
| Q: My employer applied for my H1B visa last November 10, 2011. I am currently here in the US under a ... A: You can continue to remain legally in the U.S. even if your I-94 expires since the H1B petition was ... | |
| I-485 and presence in the U.S. | 12/12/2011 |
| Q: I will be eligible to apply for I-485 in January 2012. My wife has H4 till July 2013 and She is ... A: The foolproof method of determining that an adjustment of status (AOS) application has been properly ... | |
| I-485 and presence in the U.S. | 12/12/2011 |
| Q: I will be eligible to apply for I-485 in January 2012. My wife has H4 till July 2013 and She is ... A: Your wife must be physically present on the day that the adjustment of status application is filed ... | |
| H1B to L2 | 12/12/2011 |
| Q: I am on L1 visa and it is valid till 2013 May. My husband came to US on L2 visa which is valid till ... A: If your husband was granted change of status to H1B effective Oct. 2011, he will be unable to change ... | |
| H1b cap exemption clarification | 12/10/2011 |
| Q: Company A file my H1B visa in April 2007 It had got stamped July 2007. I had not travelled USA in ... A: There is no official rule. It is only in our experience that the USCIS will accept H1B petition ... | |
| L2 to H4 | 12/8/2011 |
| Q: I am currently on L1 through company A and company B has applied for my H1 & COS which has gone into ... A: Your family will have no problem in entering the U.S. on L2 visa status, unless your H1B petition is ... | |
| Changing jobs after green card | 12/8/2011 |
| Q: Ajay My original sponsor (A)of green card laid me off before an year and got taken over by a ... A: As Company C responded to the RFE prior to approval of your adjustment of status application which ... | |
| concurrent visa: can it stand alone | 12/7/2011 |
| Q: While being employed by employer A, I was filed a concurrent H1b visa by employer B. This year, I ... A: Yes, the concurrent H1B petition approval through employer B will allow you to continue to maintain ... | |
| H1B transfer | 12/5/2011 |
| Q: I am currently on OPT and my H1 is being filed and hopefully I will get it before my OPT expires. My ... A: You will be subject to the visa cap based on the scenario provided in your email. As you are no ... | |
| H1B renewal if I-140/I-485 filed? | 12/5/2011 |
| Q: I did my MBA from US and working with a direct company since 2009. I received my H1 until Mar 2012. ... A: If priority date is current (see www.h1b1.com/visawaiting.htm ) and I-485 can be filed based either ... | |
| Work full time and study with I-485 pending? | 12/4/2011 |
| Q: I was an international student, i came here in July 2008. My parents applied for my green card and I ... A: Since your I-485 has been filed based on your priority date being current: ... | |
| Remarry ex spouse | 12/4/2011 |
| Q: I gain my citizenship through marriage to USC.My marriage to the USC lasted for 6 years. After our ... A: Yes, you can marry your former spouse and sponsor her. The marriage will be given greater scrutiny ... | |
| L2 to Visitor Visa | 12/3/2011 |
| Q: I am currently on L2 and My husband in L1 may have to return back by late Jan due to completion of ... A: You can file an application with the USCIS for a visitor visa requesting change of status from L2 to ... | |
| H1 stamping denied-apply for H4 | 12/2/2011 |
| Q: My Husband went for H1b stamping in April 2011 and his stamping was denied in October 2011 because ... A: Since you are on H1B status, the Consulate will expect your husband to carry with him copy of your ... | |
| Sponsoring for brother - Citizenship | 12/1/2011 |
| Q: I got my Citizenship in October. I want to sponsor H1B my brothers who did MBA. Do I need to own a ... A: Only a U.S. citizen can sponsor a sibling: www.h1b1.com/sponsor.htm A company can sponsor your ... | |
| Date H1B revocation takes effect --more | 12/1/2011 |
| Q: I have the same question as another person has about the date that H1B revocation take effect. You ... A: The USCIS does not have a regulation on every point in immigration law. However, I stand by my ... | |
| F1 Visa for H4 applicant | 11/30/2011 |
| Q: I am currently on H4 visa and want to pursue education and then take the job.I am planning to get a ... A: After admission to the program of study, and issuance of Form I-20 by the institute, an application ... | |
| H1B visa denial at the Consulate | 11/29/2011 |
| Q: I went for H1B stamping in Kolkata and the consulate officer issued me a white form 221g refusing ... A: It is not illegal for an H1B employer to subcontract an employee. However, as a practical matter, ... | |
| H1B Stamping in Canada | 11/28/2011 |
| Q: I came to US on a F-2 in 2007 then changed to a F-1 in 2008 and finally to an H1B this October 2011. ... A: Although the general advice is to apply in your home country, I do not see any disadvantage of ... | |
| H1B Stamping in Canada | 11/28/2011 |
| Q: I came to US on a F-2 in 2007 then changed to a F-1 in 2008 and finally to an H1B this October 2011. ... A: You can apply in Canada, and the probability of success is quite high since you have completed your ... | |
| Date H1B revocation take effect | 11/23/2011 |
| Q: I have a question about H1B revocation. I have worked for company A for 8 months with an approved ... A: When Co. A sent the revocation, it would have requested revocation based on date of termination of ... | |
| Simultaneous Green Card Applications | 11/17/2011 |
| Q: My current employer "xyz" has started my Green Card application (i.e. trying to obtain the ... A: ABC would need to show that it can pay the offered salary, irrespective of current employment status ... | |
| Simultaneous Green Card Applications | 11/17/2011 |
| Q: My current employer "xyz" has started my Green Card application (i.e. trying to obtain the ... A: Co. A can start the green card process in EB3, and Co. B can simultaneously start the green card ... | |
| naturalization guidelines | 11/17/2011 |
| Q: we got our green card on May 2006. my wife went back to our country to study on Sept 2009 and ... A: For the 5 year window immediately preceding the filing of the naturalization application (3 year ... | |
| Spouse Visa Question F2 vs H4 | 11/16/2011 |
| Q: Ajay, I have completed MBA Technology Management in May 2011. I am on OPT (f1) since July 1st 2011 ... A: Once your wife has entered the U.S. in F2 visa status, an application to change her status from F2 ... | |
| Spouse Visa Question F2 vs H4 | 11/16/2011 |
| Q: Ajay, I have completed MBA Technology Management in May 2011. I am on OPT (f1) since July 1st 2011 ... A: Your wife can apply for F2 visa stamp now, as you are still maintaining F1 status until April 04, ... | |
| lengthy green card process | 11/15/2011 |
| Q: Just wanted to know what is the most reasonable way for me to become a GC holder here in the US. I ... A: A parent must be a U.S. citizen to sponsor a married child. This will be the 3rd family preference ... | |
| H1B academic to working visa | 11/15/2011 |
| Q: I have applied for H1B academic from my current J1 visa status and expecting to receive my H1B ... A: The new prospective H1B employer can file an H1B petition for you requesting change of status from ... | |
| Green Card from Co. A to Co. B | 11/15/2011 |
| Q: My friend working in US for about 5 years applied for Green Card for him and his spouse thru Company ... A: Company B should start the green card process from the beginning through the filing of a PERM ... | |
| H1B transfer limitations | 11/15/2011 |
| Q: If someone wants to transfer his/her H1B visa to other employer,is there any minimum time duration ... A: There is no minimum amount of time to be required with Employer A before Employer B can file an H1B ... | |
| H1B and Adjustment of Status for R.N. | 11/14/2011 |
| Q: I am currently here in US on H1b(medical researcher). I possess BS Bio, Nursing & MD degree in Phil. ... A: Although you appear to be qualified for the EB2 category, it is unlikely that the case can be ... | |
| H4 while pregnant | 11/13/2011 |
| Q: I am applying for my H1B and my wife's H4 in Jan 2012. My wife will be 3 month pregnant by that ... A: As the dependent of the H1B principal, your wife is eligible to apply for H4 status irrespective of ... | |
| H1B and position of Chef | 11/12/2011 |
| Q: Ajay I have 3 years experience as a chef and I'm 24 years old I'd like to persue an associate degree ... A: Completion of a bachelor's degree or equivalent is required in order for an employer in the U.S. to ... | |
| Affidavit of support nad 3 years tax returns | 11/11/2011 |
| Q: I make 45k a year meaning more than I need to be able to sponsor my spouse in a green card marriage ... A: Recent guidance from the USCIS requires that only copy of the latest tax return is required to show ... | |
| H1B and travel with advance parole | 11/11/2011 |
| Q: Greetings, if applying to green card from H1b (via spouse), Do I need to apply for form I-131 for ... A: You are not required to apply for advance parole (AP) document or EAD (employment authorization ... | |
| H1B transfer query | 11/11/2011 |
| Q: My H1 got effective on October 1 2011. Even before it got effective, I got an offer from a bigger ... A: The online system will not indicate whether extension of status has been granted or not, ... | |
| Green Card by Marriage | 11/8/2011 |
| Q: I have been with my fiance for the last 4 years and we are about to marriage, I am American citizen, ... A: All sponsorship paperwork can be filed concurrently, including your husband's (when you are married) ... | |
| L1B/L2 immigration Issues | 11/8/2011 |
| Q: My L1B visa expired on April 2011 but I94 is valid till Dec 2013. So I am legally working here on my ... A: If your wife files for L2 now, after her current I-94 has already expired, she will be granted ... | |
| Marriage to U.S. citizen and sponsorship | 11/8/2011 |
| Q: Can a person here in the U.S. on a visitation visa legally marry without returning to Russia. This ... A: I am assuming that one of the partners to the marriage is a U.S. citizen. The marriage and ... | |
| Leave letter for L2 visa | 11/8/2011 |
| Q: I am applying for L2 visa, as my husband has L1B visa. We both work in same organization, and I will ... A: The Consulate can ask for any document in connection with visa issuance, including an employment ... | |
| L1A/Green Card and Marrige | 11/6/2011 |
| Q: good evening! I am Brazilian and currently living in the USA under L1A visa. My employer is already ... A: It appears that your girlfriend does not have a visitor or other visa to enter the U.S. Thus, you ... | |
| Employment Verification Letter for AOS | 11/5/2011 |
| Q: During PERM process employer determines the Prevailing Wage . Say the prevailing wage is $90K and ... A: It is OK if the employment verification letter indicates $90K. Indeed, it is best to be as ... | |
| Marriage and Immigration and H1B | 11/4/2011 |
| Q: I am currently on H1B and as I am already married with a US Citizen, I thought of skipping the ... A: H1B status is automatically considered to be employment authorization for the specific employer who ... | |
| B1 to H1 having a valid H1B approval | 11/4/2011 |
| Q: I have by H1B petition approved on Aug2010 and its valid until Aug2012. I couldn't go for a Visa ... A: There is no problem with requesting change of status to H1B even though you already have H1B ... | |
| Marriage and Immigration | 11/3/2011 |
| Q: I am currently on H1B and as I am already married with a US Citizen, I thought of skipping the ... A: The advantage of proceeding through an experienced immigration attorney is that you will not forfeit ... | |
| B1 to H1 having a valid H1B approval | 11/3/2011 |
| Q: I have by H1B petition approved on Aug2010 and its valid until Aug2012. I couldn't go for a Visa ... A: If the H1B petition approval notice indicates that you have been granted either change of status to ... | |
| Change of Status to B2 / Extension denied | 11/3/2011 |
| Q: I was in US on H1B visa for 6 years with I-94 valid till 2nd June 2011. Based on my daughter's ... A: You can work for the U.S. company in India without any restrictions. In other words, you are not ... | |
| H1B transfer query | 11/2/2011 |
| Q: My H1 got effective on October 1 2011. Even before it got effective, I got an offer from a bigger ... A: That is correct, the petition should be approved through Co. B., but the USCIS is unlikely to grant ... | |
| prevailing wage for a physical therapist. | 11/1/2011 |
| Q: Mr Ajay, How are you? My husband is supposed to get a visa screen in few months. Is it ok to apply ... A: There are no supporting documents on the Form 9141, which is filed electronically. However, if the ... | |
| B1 to H1 having a valid H1B approval | 11/1/2011 |
| Q: I have by H1B petition approved on Aug2010 and its valid until Aug2012. I couldn't go for a Visa ... A: You can enter the U.S. on B1 visa, but this category does not allow for employment in the U.S. You ... | |
| H1B visa cap 2011-12 | 10/28/2011 |
| Q: My question is, if my petition for H1b is filed and then count reaches 65000, will the petition be ... A: As long as the H1B petition is filed before the visa cap is reached, your case will be included ... | |
| L1 to L2 and I-485 | 10/27/2011 |
| Q: I am in US on L1B and my husband is in US on L1A (valid till Feb 2013). We both work for same ... A: You can change status to L2 based on your husband's L1A status. This is an application that you ... | |
| L1 to H1 | 10/27/2011 |
| Q: I am currently working in L1A visa and I am in 6th year of stay in USA. My 6th year ends in Sep ... A: There is a maximum allowable period of six years in H1B status. Unfortunately, time spent in L1A or ... | |
| Marriage and Immigration | 10/27/2011 |
| Q: I am currently on H1B and as I am already married with a US Citizen, I thought of skipping the ... A: The size of the marriage ceremony, or that it is civil rather than religious, does not raise any red ... | |
| I-94 expiring soon, receipt notice not received | 10/25/2011 |
| Q: My I94 expires on 30-Oct 2011. My employer has applied with USCIS since 10-Oct. However i have not ... A: It typically takes 2 to 3 weeks to receive the receipt notice by mail from the USCIS after filing. ... | |
| Working on H1B but H4 approved | 10/21/2011 |
| Q: My H1B visa was approved July 20th 2011 with a start date of October 1st 2011. However my H4 ... A: As you can hold only one status at a time in the U.S., and the latest action by the USCIS is ... | |
| Stepparent sponsoring child | 10/19/2011 |
| Q: My mom married my step dad before i was 17. Ive been living in the US illegally. Now im 18 and so i ... A: As the marriage occurred before you were 18, you can be sponsored by your stepfather and adjust ... | |
| Keep H1B visa while spouse is on A-2 Visa | 10/18/2011 |
| Q: Is there a way to get around this situation of keeping my H-1 status while my wife keeps her A-2 ... A: Yes, you can maintain your respective independent status. In the future, if you prefer you can stay ... | |
| L1B and Divorce | 10/18/2011 |
| Q: I got my divorce couple of months back , and I am yet to receive my divorce papers from court of ... A: Marital status is not relevant in L1 cases. It is relevant only in L2 cases. You can take the ... | |
| J-1 student in USA marrying Canadian | 10/14/2011 |
| Q: I am just starting my Ph.D program and i have permit to live here during 5 years. I plan to get ... A: You can be legally married in the U.S. irrespective of your immigration status. In addition, ... | |
| H1B Visa stamping and client assignment | 10/13/2011 |
| Q: I am currently on H1B visa status which started this Oct 1. Before this I was on F1 OPT status which ... A: The odds of being issued a visa stamp are good since you have a degree from the U.S. and, more ... | |
| H1B married to American Citizen | 10/12/2011 |
| Q: I'm on H1B working here in US and I recently got married to an American Citizen. My current H1B is ... A: You must discontinue your employment between Nov. 18 until EAD is issued. Failure to do so will be a ... | |
| Change of Status to B2 / Extension denied | 10/11/2011 |
| Q: I was in US on H1B visa for 6 years with I-94 valid till 2nd June 2011. Based on my daughter's ... A: As you departed the U.S. in August (when the I-94 had expired in June), and since the B2 was ... | |
| Green card when turning 21 | 10/9/2011 |
| Q: . cause im 20 right now and im dependent still to my dad who have a working visa (H-1b).. his been ... A: You would need to change to an visa status independent of your father prior to turning 21 years of ... | |
| H1-B Extension when I-140 approved | 10/3/2011 |
| Q: my H1-B expired Dec 25th 2010 after which I left states on Dec 23rd 2010 for India, but my GC was in ... A: Yes, since I-140 has been approved, an H1B petition can be filed for you by an employer in the U.S. ... | |
| I-130 & I-485 | 10/3/2011 |
| Q: my wife and i decided to get married 6 weeks after she arrived. she can remain here legally until ... A: I-485 can be filed concurrently with the I-130. Alternatively, I-485 can be filed after I-130 has ... | |
| I-485 pending and F1/EAD | 10/1/2011 |
| Q: I had applied for a green card (EB3 category) in 2007 and received an EAD, AP and approved I-140 but ... A: You have abandoned your I-485 application since you either departed the U.S. without advance parole ... | |
| H1B transfer denied | 10/1/2011 |
| Q: They filed my H1 transfer and Got a RFE. The company replied the RFE but the petition got denied. ... A: I stand by my earlier answer. When the second H1B petition filed again by the new employer is ... | |
| H1B transfer denied | 10/1/2011 |
| Q: They filed my H1 transfer and Got a RFE. The company replied the RFE but the petition got denied. ... A: There is only a 10-day grace period in H1B status. Thus, as you are no longer maintaining H1B status ... | |
| I-130 & I-485 for my father | 9/30/2011 |
| Q: I am a US citizen and I just filed I-130 & I-485 for my father who is here with me with a B1 visa ... A: Your father can continue to remain legally in the U.S. once the sponsorship paperwork including the ... | |
| J-1 visa to H1B | 9/29/2011 |
| Q: I am planning to file H1 b visa becoz my employer is ready to sponser my H1 visa. Currently i am on ... A: I have to revise my earlier answer. I had mistakenly assumed at one point in my response that your ... | |
| J-1 visa to H1B | 9/29/2011 |
| Q: I am planning to file H1 b visa becoz my employer is ready to sponser my H1 visa. Currently i am on ... A: The H1B petition can be filed requesting start date no earlier than Oct. 01, 2011. However, it ... | |
| J-1 visa to H1B | 9/29/2011 |
| Q: I am planning to file H1 b visa becoz my employer is ready to sponser my H1 visa. Currently i am on ... A: There is a 30-day grace period in J visa status, which will allow you to remain legally in the U.S. ... | |
| marriage to Chinese | 9/29/2011 |
| Q: I want to marry my Chinese woman while she is here in the U.S. on a visa, October 2011. She must ... A: I do not recommend entering on visitor visa with the explicit intention of marriage to a U.S. ... | |
| marriage to u.s. citizen | 9/28/2011 |
| Q: My future wife lives in Shanghai, China. We wish to get married before her current visa expires ... A: You may want to proceed with an experienced immigration lawyer if you do not already have ... | |
| marriage to u.s. citizen | 9/28/2011 |
| Q: My future wife lives in Shanghai, China. We wish to get married before her current visa expires ... A: It is OK to be married here: www.h1b1.com/Uscitizen.htm All sponsorship paperwork is filed ... | |
| EAD | 9/28/2011 |
| Q: My L1B has got rejected and I have travelled to US on L2 Do you think my L1B rejection can impact my ... A: The question on I-765 is asking about previous filings of I-765. You have not previously filed ... | |
| H1B extension and 6 year limit | 9/27/2011 |
| Q: I ve stayed outsie US (in India) for the period Jan '08 to June 09 (more than 1 yr). My 6 yr limit ... A: When applying for H1B extension effective June 2012, I recommend that the employer in a cover letter ... | |
| L2 to H1B visa status change | 9/27/2011 |
| Q: Here is some background info before I go ahead with my questions: 1. I am on L2 visa which is ... A: Yes, H1B petition can be filed requesting start date to take effect up to 6 months from date of ... | |
| 3 yrs of no response to 221g for H1B | 9/27/2011 |
| Q: I attended H1B Visa interview at Chennai(India) consulate in the month of Jan 2008. VO gave me 221g ... A: You can safely assume that the visa stamping application was denied. However, this was based on ... | |
| L2 to H1B visa status change | 9/26/2011 |
| Q: Here is some background info before I go ahead with my questions: 1. I am on L2 visa which is ... A: Your H4 application should be filed along with your husband's H1B petition, so that when the H1B ... | |
| H1B extension and 6 year limit | 9/26/2011 |
| Q: I ve stayed outsie US (in India) for the period Jan '08 to June 09 (more than 1 yr). My 6 yr limit ... A: You have 2 options: either obtain extension until June, 2012, or apply for a new 6 year period since ... | |
| F1-OPT to H1B | 9/21/2011 |
| Q: I recently graduated with a Ph.D. from a top us university. My OPT is valid till July 2012. My ... A: It makes no difference to your green card process later whether the H1B was accepted in the master's ... | |
| Labor certification for Physical therapist. | 9/21/2011 |
| Q: I wonder whether labor certification is necessary for physical therapists when applying for green ... A: Please note that it typically takes 2 months for prevailing wage to be issued, and then I-140 ... | |
| F1-OPT to H1B | 9/20/2011 |
| Q: I recently graduated with a Ph.D. from a top us university. My OPT is valid till July 2012. My ... A: It is OK to travel in September and enter on unexpired F1 visa stamp. Then the H1B petition can be ... | |
| Continuous residency and naturalization | 9/20/2011 |
| Q: I have been a Permanent Resident since May 2008, however several months later I enrolled in graduate ... A: It appears that the naturalization application can be successfully filed, since you continued to ... | |
| Labor certification for Physical therapist. | 9/20/2011 |
| Q: I wonder whether labor certification is necessary for physical therapists when applying for green ... A: If your husband is a licensed physical therapist, and his position requires an advanced degree as a ... | |
| F2 or H4 for Spouse | 9/19/2011 |
| Q: I basically have a question regarding my spouse visa status. I am planning to get married by Dec, ... A: H visa status allows for intention to immigrate to the U.S., unlike the F visa category. Thus, the ... | |
| H1b filing acknowledgement | 9/16/2011 |
| Q: My company is filing H1b for me.How much time it will take to receive the acknowledgement number? ... A: The USCIS typically issues the receipt notice about 2 weeks after it has received the petition. This ... | |
| H4 Extension Pending Filing for H1B | 9/15/2011 |
| Q: I have a question regarding I-539 (extension of stay)withdrawal. I filed I-539 for H4 extension ... A: If your H1B is filed through premium processing, the USCIS will approve it, but may grant only ... | |
| H4 Extension Pending Filing for H1B | 9/15/2011 |
| Q: I have a question regarding I-539 (extension of stay)withdrawal. I filed I-539 for H4 extension ... A: If you withdraw the I-539, you will be violating status as your existing I-94 has expired. H1B ... | |
| H1B visa stamp | 9/15/2011 |
| Q: I came in US on F1 in Dec 2007. Finished my MBA in 2009. Worked on OPT with an employer, they ... A: You can apply in Canada, but not Mexico. Applying in Mexico requires an existing H1B stamp (even if ... | |
| H1B renewal | 9/15/2011 |
| Q: I came in US on F1 in Dec 2007. Finished my MBA in 2009. Worked on OPT with an employer, they ... A: Your employer would file an H1B petition requesting extension of H1B status. You would not be ... | |
| L2 EAD to H1B | 9/14/2011 |
| Q: My wife is in US from Mar 2008 in L2 visa. She got her L2 EAD in Jul 2008 and started working. In ... A: Time spent in L2 status does not count towards the maximum 5 or 7 years allowed in L1B or L1A ... | |
| H1B multiple filings | 9/13/2011 |
| Q: I am in US on H4 and looking for an employer who can file H1B for their new position.as at the same ... A: Until you actually obtain approval of an H1B petition filed for you, you will remain in underlying ... | |
| OPT | 9/13/2011 |
| Q: I am studying Masters in a very reputed university here. I am currently a full time student on H4 ... A: You must have pursued a full-time course of study for at least one academic year (usually 9 months) ... | |
| English/American marriage | 9/13/2011 |
| Q: Arora, I am a U.S. citizen engaged to marry a U.K citizen. We have been together for quite a ... A: If the primary purpose of your fiancee is not to marry you, she can enter on the visa waiver program ... | |
| H1B Visa stamping from Mexico or Canada | 9/13/2011 |
| Q: I am currently on H1B Visa and working in IT with state government. I am an India born, New Zealand ... A: You can apply in either Canada or Mexico. However, as you can read from the following link, the ... | |
| H1B- Travel | 9/11/2011 |
| Q: I am on the H1B visa since Oct 2010. I also have Canadian PR since 2009. To fulfill my Canadian PR ... A: Yes, you can travel on existing unexpired H1B visa stamp, since the purpose of your entry will be ... | |
| B2-Visa, Visa Waiver Programme | 9/10/2011 |
| Q: I was told by Frankfurt Consulate in Germany that a B2-Visa can have a period of validity up to ten ... A: There is no right under the immigration laws to visit a spouse who resides in the U.S. In addition, ... | |
| Filing for sister | 9/9/2011 |
| Q: I am filing for my sister an I-130. She has a son under 21 and husband. I was wondering if I need a ... A: You would file only one I-130 (for your sister) with one filing fee. The rest of her family will be ... | |
| B2-Visa, Visa Waiver Programme | 9/9/2011 |
| Q: I was told by Frankfurt Consulate in Germany that a B2-Visa can have a period of validity up to ten ... A: When entering on B2 visa, the immigration inspector at the port-of-entry in most cases allows entry ... | |
| L1 RFE | 9/9/2011 |
| Q: My company filed my L1 extension and i got RFE My visa and i-94 are already expired. As my wife ... A: There is no formal way to remain legally in the U.S. if L1/L2 is denied. However, when your wife is ... | |
| L1 RFE | 9/8/2011 |
| Q: My company filed my L1 extension and i got RFE My visa and i-94 are already expired. As my wife ... A: You can continue to be employed for up to 240 days after I-94 expiration. However, if the L1 ... | |
| H1b + PWD + Spouse visa issue | 9/8/2011 |
| Q: I got married in May 2011 and then I was on F-1 visa. I tried twice for my wife's F-2 visa but both ... A: The prevailing wage determination from the Department of Labor should take no more than 7 business ... | |
| H1b + PWD + Spouse visa issue | 9/8/2011 |
| Q: I got married in May 2011 and then I was on F-1 visa. I tried twice for my wife's F-2 visa but both ... A: It appears that you have graduated or are about to graduate in your program of study, and perhaps ... | |
| Lawful permanent residency Cut-off-dates | 9/7/2011 |
| Q: "My husband (German) is a lawful permanent resident in the US. I am German,too and are waiting for ... A: Your husband should complete the naturalization application and file with the USCIS: ... | |
| Lawful permanent residency Cut-off-dates | 9/7/2011 |
| Q: "My husband (German) is a lawful permanent resident in the US. I am German,too and are waiting for ... A: Our earlier email has the correct interpretation: the cutoff date is Dec. 01, 2008. Please disregard ... | |
| H1B visa and F-1 visa | 9/7/2011 |
| Q: Ajay, My H1B is valid since April, and it's filed requesting consular processing. My visa status is ... A: You should apply for and obtain H1B visa stamp a U.S. Consulate in your home country. In any event, ... | |
| H 4 period gap | 9/6/2011 |
| Q: I need your advice. When my husband transferred his H1B , he got new H1B period , which was few more ... A: I am assuming that your husband's current H1B status does not expire at least until 01/12/2012. In ... | |
| Lawful permanent residency Cut-off-dates | 9/6/2011 |
| Q: "My husband (German) is a lawful permanent resident in the US. I am German,too and are waiting for ... A: For F2A category in September visa bulletin, the cutoff date is Dec. 01, 2008: ... | |
| H4 to H1B Transfer | 9/6/2011 |
| Q: I am currently holding H4 visa and currently in US.I have a question,if I apply for a H1B visa ... A: If the H1B petition is denied by the USCIS, there will be no impact on your visa status, as you will ... | |
| h1 transfer part-time job | 8/30/2011 |
| Q: I was previously on H1b with my company and my last day was 15th July.I have already applied for my ... A: Application to change status to H4 should be filed with the USCIS. Typically it would be shown that ... | |
| LCA requirement | 8/30/2011 |
| Q: I am currently in my sixth year of h1b...expires sept 9...i have used all my recapture time as well. ... A: You can use the current LCA which has already been certified for h1b 7th year extension. However, ... | |
| L1 to H1 and back to L1 | 8/27/2011 |
| Q: I'm currently on L1B working with a company A working in US right now. I applied for L1 to H1 ... A: If the H1B petition is revoked by the employer prior to its validity period, then you will continue ... | |
| H1B transfer and OPT | 8/24/2011 |
| Q: Ajay, Firstly,Thank you for answering all my previous questions with such promptness, it really ... A: Please see our earlier response: Co. B can file an H1B petition for you, but the requested start ... | |
| Labor certification for Physical therapist. | 8/24/2011 |
| Q: I wonder whether labor certification is necessary for physical therapists when applying for green ... A: The I-140 immigrant petition in EB3 category for Schedule A occupations (licensed physical ... | |
| H1B visa status | 8/24/2011 |
| Q: I am from U.A.E. I found a job in U.S on my last vacation they applied for my H1 visa ... A: Please check with the employer who filed H1B petition for you, as the USCIS will communicate only ... | |
| L1 when foreign employer closed | 8/23/2011 |
| Q: I am going to apply for L1 Individual visa through my employer. I want to know few things from your ... A: Based on the facts stated in your email, you are not eligible for L1 filing since there is no ... | |
| L1 when foreign employer closed | 8/23/2011 |
| Q: I am going to apply for L1 Individual visa through my employer. I want to know few things from your ... A: It is OK if the first company closed. However, the company where you gained the qualifying ... | |
| L1 when foreign employer closed | 8/23/2011 |
| Q: I am going to apply for L1 Individual visa through my employer. I want to know few things from your ... A: If you gained the qualifying experience through a company that is now closed, the L1 petition cannot ... | |
| L1 to H1 and back to L1 | 8/23/2011 |
| Q: I'm currently on L1B working with a company A working in US right now. I applied for L1 to H1 ... A: If your employer requested "change of status" then you will automatically be on H1B status per the ... | |
| H1B visa stamping in Mexico | 8/22/2011 |
| Q: I am one of the physician practicing in Harlingen Texas, USA. I would need some important ... A: You will be applying for renewal of H1B visa stamp. If for some reason the Consulate does not issue ... | |
| H1b Transfer | 8/21/2011 |
| Q: I am currently on OPT. It expires on Sep 13th. I also have approved H1B notice that will come into ... A: Co. B can file an H1B petition for you, but the requested start date cannot be earlier than Oct. 01 ... | |
| H1B extension after 2l1b+h1b stay is 6 year | 8/21/2011 |
| Q: I stayed in US 6 years but not continuously with a break of 7 months,5 months and 8 months in three ... A: You will not be subject to the visa cap when an employer files an H1B petition for you (after you ... | |
| H1B extension after 2l1b+h1b stay is 6 year | 8/21/2011 |
| Q: I stayed in US 6 years but not continuously with a break of 7 months,5 months and 8 months in three ... A: If you stay outside the U.S. continuously for one year, and your H1B visa stamp in passport has ... | |
| H1B extension after 2l1b+h1b stay is 6 year | 8/21/2011 |
| Q: I stayed in US 6 years but not continuously with a break of 7 months,5 months and 8 months in three ... A: You can remain an aggregate of six years in H1B status. The amount of time spent in L1A/L1B counts ... | |
| RFE for " Time Limitation" | 8/20/2011 |
| Q: I always appreciate your help and being able to ask you for legal advice. My husband applied for H1 ... A: An answer to the RFE should be submitted to the USCIS indicating the dates spent in H1B status in ... | |
| h4 stamping in Canada | 8/20/2011 |
| Q: Is there any complication if my husband and myself go to Canada on 28th Sep and come back by Oct 4th ... A: Please take note of the following excerpt from ... | |
| Canadian citizen marriage to U.S. boyfriend. | 8/19/2011 |
| Q: While I was visiting my boyfriend of only a couple of months in augusta,GA we decided to get married ... A: I recommend marrrying within the U.S., since the sponsorship paperwork that follows the marriage ... | |
| sponsorship of brother | 8/16/2011 |
| Q: I would like to sponsor my married brother. He lives in Germany but they are purchasing a condo here ... A: You can sponsor your brother in the 4th family preference category: www.h1b1.com/sponsor.htm It ... | |
| Green card and EAD | 8/14/2011 |
| Q: Ajay, You had told me earlier that if I file for green card via marriage I will receive an EAD card ... A: The EAD application can be filed concurrently with the immigrant petition and adjustment of status ... | |
| F1 Visa Stamping | 8/9/2011 |
| Q: I have filed my I-539. If I get my status changed to F-1, I know that if i leave the country I ... A: If granted change of status to F1, you do not have to travel outside the U.S. However, if you do ... | |
| job position in permanent residence. | 8/9/2011 |
| Q: My husband plans to apply for permanent residence. He plans to apply with a different job position ... A: If your husband is qualified for the new job at the time that the green card process is started, ... | |
| F1 to H1B and travel | 8/7/2011 |
| Q: My employer wants to process H1B for me, and the lawyer says that he would prefer if I go back to my ... A: If H1B is filed requesting consular processing (instead of change of status), after petition ... | |
| When to apply for H1B1? | 8/7/2011 |
| Q: I am a Singapore citizen under F1, OPT till January 30, 2012. I currently hold a job and my employer ... A: It is recommended that H1B1 petition be filed soon so that approval occurs prior to OPT expiration ... | |
| Fiancee visa/spousal immigration | 8/7/2011 |
| Q: I am a doctoral candidate at a major university doing studies in Spanish Literature. My fiancee is ... A: Whether K1 or K3, affidavit of support is required, and in your current circumstances a co-sponsor ... | |
| H1b Transfer | 8/7/2011 |
| Q: My H1B visa got approved this year and will come into effect on Oct 1, 2011. Can I transfer to a new ... A: Any law firm can prepare the H1B petition. After the new employer signs it, the law firm will file ... | |
| H1b Transfer | 8/5/2011 |
| Q: My H1B visa got approved this year and will come into effect on Oct 1, 2011. Can I transfer to a new ... A: The new company (Company B) will file an H1B petition requesting start date of Oct. 01. You will not ... | |
| F1 visa while sponsored by U.S. citizen spouse | 8/5/2011 |
| Q: I am here in US in F1 visa. I just got married to an US citizen.do I have to maintain my F1 status ... A: If the sponsorship paperwork has been properly filed (including both the I-130 petition for alien ... | |
| h1 transfer part-time job | 8/4/2011 |
| Q: Sorry, I am a little confused. If my husband's H1 start date is Oct1 and he gets the approval on sep ... A: Yes, an H1B petition can be filed for part-time job, as long as the position still requires a ... | |
| spouse visa | 8/4/2011 |
| Q: I just got married and my wife is in nepal. I am a green card holder and currently applying for ... A: It is a bit faster if you file an immigrant petition for your wife now in the F2A category: ... | |
| Extension of status | 8/3/2011 |
| Q: I have applied for my visa extension and have received receipt indicating that application and fees ... A: Yes, you can continue to remain in the U.S. based on filing an application to extend status with the ... | |
| Fiancee visa/spousal immigration | 8/2/2011 |
| Q: I am a doctoral candidate at a major university doing studies in Spanish Literature. My fiancee is ... A: Your fiancee would apply for the K1 visa stamp at a U.S. Consulate once you have successfully filed ... | |
| Joining late on F1 visa | 8/2/2011 |
| Q: If a student has been granted F1 visa against an I-20 form with a program start date of end of ... A: You should arrive in the U.S. no more than 60 days prior to start of the semester. Thus, you should ... | |
| New H1B stamp in Matamoras, mexico | 8/1/2011 |
| Q: I am on H4 visa and my H1B visa is approved with the start date October 1st. I am planning to take ... A: As you are a third country national (TCN) and do not already have H1B visa stamp in your passport ... | |
| I 485 question | 7/30/2011 |
| Q: I am a US citizen. My parents came to US on tourist visas. I subsequently applied I 130 and got it ... A: Your parents can remain legally in the U.S. since their adjustment of status (I-485) applications ... | |
| H1B visa cap | 7/29/2011 |
| Q: I am a Masters’ student and am currently on H4 visa. I am in the final semesters of my course. As ... A: You will automatically fall in the master's cap, but if the master's cap is reached first (it is ... | |
| Spouse's immigration status on naturalization app. | 7/29/2011 |
| Q: I am currently eligible to apply for naturalization. My spouse have entered US legally but his visa ... A: Since your spouse is not a Lawful Permanent Resident, write "Other" and then in the blank field put ... | |
| Proof of Financial Statement | 7/29/2011 |
| Q: I provided my sponsor's (who is my spouse) bank financial statement which was 7 months older one to ... A: The USCIS will accept the current information on I-134 including copy of latest federal tax return ... | |
| H1 B transfer while on OPT Cap gap | 7/27/2011 |
| Q: I am currently working for Employer A. My OPT was expired on June 30th, 2011. My employer A filed my ... A: You can work for Co. B on OPT as you have cap-gap extension of OPT. On Oct. 01 you will ... | |
| L1B to H1B | 7/27/2011 |
| Q: I came to US on Jan 03 2011 on L1B trhough company A. I had to travel on L1B as my H1B petition ... A: If Co. B requested consular processing instead of change of status, when H1B is approved you can ... | |
| H1B renewal post 6 years | 7/26/2011 |
| Q: Please find below my status: 2001-2003: F1 2004-10/04: OPT 10/04-10/10: H1B 6 years (All 6 years ... A: Yes, your H1B transfer through Co. B should be approved for 3 years based on I-140 approval through ... | |
| Marriage to U.S. citizen | 7/26/2011 |
| Q: Can a person from Russia who is here a tourist visa marry legally in the United States? Can you ... A: Yes, EAD will be received within the U.S. in about 2 to 3 months after the sponsorship paperwork is ... | |
| Marriage to U.S. citizen | 7/26/2011 |
| Q: Can a person from Russia who is here a tourist visa marry legally in the United States? Can you ... A: Yes, you can marry in the U.S., and if your spouse is a U.S. citizen, you can be sponsored within ... | |
| RFE on Birth Certificate | 7/25/2011 |
| Q: I submitted-130 for my parents . My birth certificate doesn't have the my name and for my mother as ... A: The RFE should provide for alternate evidence, such as affidavits of birth. In our experience, two ... | |
| I-485 | 7/25/2011 |
| Q: Good morning Can you please give me your advice in the following matter? I was working in a ... A: You are supposed to notify the USCIS through a letter (referred to as AC21 letter) when you have ... | |
| H1B clock reset question | 7/24/2011 |
| Q: Below are the dates of my US stay: visa type Date of entry Date of Exit Total days L1 ... A: As you were outside the U.S. for one year (brief visit to the U.S. may be OK during the one year ... | |
| H4 Visa | 7/23/2011 |
| Q: I have spent sometime to understand various suggestions you have given on various different queries. ... A: An H4 application cannot be filed within the U.S. as you are not presently in the U.S. When your ... | |
| sponsoring spouse by u.s. citizen | 7/23/2011 |
| Q: I am a us born citizen but my wife is from Mexico. Is there any way I can make her legal because I ... A: If your wife is in the U.S. currently, but entered without inspection, under current laws she cannot ... | |
| L1B to H1B | 7/23/2011 |
| Q: I came to US on Jan 03 2011 on L1B trhough company A. I had to travel on L1B as my H1B petition ... A: Co. B can file H1B petition for you. You will not be subject to the visa cap as you previously had ... | |
| H1 Approved H4 Pending | 7/22/2011 |
| Q: My H1B visa was approved July 20th 2011 with a start date of October 1st 2011. However my H4 ... A: You can remain legally in the U.S. after Sept. 17 based on pending H4 exension. If pending H4 ... | |
| naturalization papers? | 7/22/2011 |
| Q: Hey, I'm not sure if this counts as an immigration question, but I hope so! My entire family was ... A: Once you have a U.S. passport, it is easy enough to renew or obtain a duplicate in case it is lost; ... | |
| Question on Travel under OPT | 7/20/2011 |
| Q: I have a quick question on my international travel, it would be great if you able to answer me. ... A: It is OK to travel and enter on unexpired F1 visa stamp, since H1B petition has already been ... | |
| Sponsoring Parents | 7/20/2011 |
| Q: I am a naturalized U.S. Citizen. I would like to sponsor my parents for their green card. They ... A: According to the U.S. State Dept http://travel.state.gov/visa/questions/questions_1253.html#10 My ... | |
| L2 and pregnancy | 7/20/2011 |
| Q: I must take a decision and hope you can help me; I recently got pregnant and my now husband and I ... A: L visa category allows for intention to immigrate to the U.S. (unlike B1/B2 visitor visa category). ... | |
| Interview before H1B petition expires | 7/19/2011 |
| Q: My H1B petition was approved on Oct. 2008. But due to the market downtime my sponsor couldn't take ... A: It is unlikely that the Consulate will issue you a visa stamp so close to expiration of the H1B ... | |
| Job change before AOS through DV2012 | 7/19/2011 |
| Q: I have L1-B visa and currently work in the US. I won green card lottery this year (DV2012). Based on ... A: Yes, Co. B can file an H1B petition for you, and the petition should be included within the visa cap ... | |
| Sponsoring Parents | 7/18/2011 |
| Q: I am a naturalized U.S. Citizen. I would like to sponsor my parents for their green card. They ... A: Yes, all sponsorship paperwork is filed concurrently including I-130, I-485, I-765, I-131, I-864, ... | |
| Change of Visa status from H-4 to F-1 | 7/18/2011 |
| Q: I am going to start my masters on H-4 visa from fall-2011 and planning to file for change of my visa ... A: An application to change status to F1 is signed by the applicant, and not the university. However, ... | |
| naturalization papers? | 7/18/2011 |
| Q: Hey, I'm not sure if this counts as an immigration question, but I hope so! My entire family was ... A: You can always obtain a replacement passport from the U.S. Department of State if you lose your ... | |
| Blanket L1B and blanket L1A rejected. | 7/18/2011 |
| Q: I work in India for an IT firm with a total experience of 8 years. 3 years ago I had applied for L1B ... A: Your company should file an H1B petition for you with the USCIS, as long as you have at least the ... | |
| L1B to H1B or H4 | 7/17/2011 |
| Q: Please help me in this, I am in India working for a well known IT company, i am getting married ... A: You will be granted change of status within the U.S., and will not be required to depart the U.S. as ... | |
| L1B to H1B or H4 | 7/17/2011 |
| Q: Please help me in this, I am in India working for a well known IT company, i am getting married ... A: Yes, you can change from L1B to H1B within the U.S. if there is an employer willing to file H1B ... | |
| H1B approval and date of filing | 7/14/2011 |
| Q: my employer has filed my case for H1B in June where as my friends case is filed in April so when ... A: Your friend can enter in L1B if she plans on working for the L1B employer. If she will not work for ... | |
| H1-F2 -h4 visa | 7/14/2011 |
| Q: Sorry, I am a little confused. If my husband's H1 start date is Oct1 and he gets the approval on sep ... A: You can always travel outside the U.S. and obtain F2 visa stamp at a U.S. Consulate in Canada, or in ... | |
| Priority date of old 140 for my new GC? | 7/13/2011 |
| Q: I have I-140 approved from my previous employer in EB-2 category. My current employer is in the ... A: Yes, you can maintain the earlier priority date unless the previously approved Form I-140 petition ... | |
| H- 1B Educational euivalency | 7/13/2011 |
| Q: Is it really necessary to get a educational equivalency service done for degrees earned overseas? Or ... A: If you are referring to educational equivalency for F1 student visa purposes, that depends on the ... | |
| H1b visa waiting time | 7/12/2011 |
| Q: Following are the questions I have regarding waiting time for H1B visa. Background:I am working in ... A: I meant to state Oct. 01, 2011 instead of 2012. If petition is approved in Nov. 2011, you should ... | |
| H4 to H1B conversion | 7/11/2011 |
| Q: Please help me with the process of conversion from H4 to H1.I am on H4 right now and I am looking ... A: You must be present in the U.S. when the H4 extension application is filed, and continue to be ... | |
| Marriage based Green card on VWP | 7/11/2011 |
| Q: I am a US citizen living in Australia since 2003 with my husband. We got married in India in 2002 – ... A: The minimum income requirement is $18,387 as per http://www.uscis.gov/files/form/i-864p.pdf I ... | |
| H4 to H1B conversion | 7/11/2011 |
| Q: Please help me with the process of conversion from H4 to H1.I am on H4 right now and I am looking ... A: Allow about 3 to 4 months for H4 approval. If H1B is filed through premium processing, and H4 is ... | |
| Marriage based Green card on VWP | 7/11/2011 |
| Q: I am a US citizen living in Australia since 2003 with my husband. We got married in India in 2002 – ... A: An open intention to immigrate to the U.S. is not consistent with entry into the U.S. on the visa ... | |
| Regarding I 130 Immigration issue | 7/10/2011 |
| Q: i am from pakistan working in gulf, i have a valid b1 visa for usa till feb 2015.my sister (us ... A: It typically takes about 10 years for the priority date to be current in the F4 category: ... | |
| H1B Transfer and Extension at same time | 7/10/2011 |
| Q: I am currently working with Company A and my H1b petition is going to expire in Sept 2011. Recently ... A: There is no limit to the number of companies that can file an H1B petition for you. You can work for ... | |
| L1 to H1B Transfer | 7/8/2011 |
| Q: I am Currently in US on L1 with Co. A. First time to US. No previous H1. Co. B wants to file my H1 ... A: If you depart the U.S. when a change of status application is pending with the USCIS, the petition ... | |
| L1 to H1B Transfer | 7/7/2011 |
| Q: I am Currently in US on L1 with Co. A. First time to US. No previous H1. Co. B wants to file my H1 ... A: When someone is violating their visa status, they can be removed from the U.S. if they are ... | |
| h1c visa expired, i140 approved-attending graduate school | 7/7/2011 |
| Q: My H1c visa expires on the 9th july. I have an approved i 140 with a PD of August 2009. I approached ... A: You will start accruing unlawful presence in the U.S. from the date that your visa (or I-94) ... | |
| H1b visa waiting time | 7/7/2011 |
| Q: Following are the questions I have regarding waiting time for H1B visa. Background:I am working in ... A: Please allow about 3 to 4 months on average for a decision from the USCIS after H1B petition is ... | |
| h1c visa expired, i140 approved-attending graduate school | 7/6/2011 |
| Q: My H1c visa expires on the 9th july. I have an approved i 140 with a PD of August 2009. I approached ... A: I am assuming that your I-485 (adjustment of status application) has not been filed since your ... | |
| F1 yesterday, now H1B job, options? | 7/3/2011 |
| Q: I am Rahul from India. I am planning to pursue my Masters starting Fall 2011, in US. I have 3 years ... A: Your F1 status begins immediately upon landing in the U.S. If you have a preconceived plan on ... | |
| F1 yesterday, now H1B job, options? | 7/3/2011 |
| Q: I am Rahul from India. I am planning to pursue my Masters starting Fall 2011, in US. I have 3 years ... A: If you enter the U.S. on F1 visa stamp, then your intention should be to study. You should attend ... | |
| h1b/h3 visa process | 7/1/2011 |
| Q: I am Mir Akber working as a cook job training with J1 visa for 1year, at hotel Florida,USA. visa ... A: H1B is suitable only for jobs that require a relevant degree to perform the job, such as Food & ... | |
| H1B and green card | 7/1/2011 |
| Q: Greetings, my question is simple, I am currently on OPT, my employer was able to sponsor me under ... A: Correct, your employer can sponsor you. There is no minimum amount of time that you must be in H1B ... | |
| H1B and green card | 7/1/2011 |
| Q: Greetings, my question is simple, I am currently on OPT, my employer was able to sponsor me under ... A: The green card process is totally dependent upon the employer. The employer can start the process ... | |
| h1b/h3 visa process | 7/1/2011 |
| Q: I am Mir Akber working as a cook job training with J1 visa for 1year, at hotel Florida,USA. visa ... A: It appears that you have the equivalent of a four-year U.S. bachelor's degree based on your 3 year ... | |
| Renewal of green card or citizenship? | 7/1/2011 |
| Q: I am a citizen. My wife's green card (10 years) will expire in a few months. USA is home for our ... A: If the green card will be expiring in less than 180 days prior to filing naturalization application, ... | |
| H1B approval and date of filing | 6/30/2011 |
| Q: my employer has filed my case for H1B in June where as my friends case is filed in April so when ... A: If your friend is not in the U.S., after marriage she can apply for H4 visa stamp directly at a U.S. ... | |
| Applying for I-140/I-485 while COS from H1B to F1 pending? | 6/30/2011 |
| Q: i am currently working at a H-1 job. because i wish to start school soon and receive graduate ... A: The change of status to F1 application should be approved by the USCIS since an immigrant petition ... | |
| H1B approval and date of filing | 6/29/2011 |
| Q: my employer has filed my case for H1B in June where as my friends case is filed in April so when ... A: It typically takes about 3 months for approval of H1B petition by the USCIS after filing. Since the ... | |
| B1/B2 to H4 Conversion | 6/28/2011 |
| Q: I have a question regarding my wife's visa conversion from B1/B2 to H4. I am currently on my F1-OPT ... A: In order to avoid fraudulent entry issues in the future, I recommend waiting for at least 60 days ... | |
| H1B-F2 visa | 6/26/2011 |
| Q: I am laid off my current job today, which is a surprise to me. My husbaand is on F1 visa. Can I ... A: I assume that your husband will work on H1B status on Dec. 01, 2011 since he will be maintaining F1 ... | |
| H1B-F2 visa | 6/26/2011 |
| Q: I am laid off my current job today, which is a surprise to me. My husbaand is on F1 visa. Can I ... A: You will not be subject to the visa cap since you earlier held H1B status. Thus, if you find ... | |
| H1B-F2 visa | 6/25/2011 |
| Q: I am laid off my current job today, which is a surprise to me. My husbaand is on F1 visa. Can I ... A: Although there is no formal grace period applicable in termination of employment in H1B status, in ... | |
| 180 day portability rule and I-140 | 6/23/2011 |
| Q: is it true that there is a new rule about the 180 day portability rule in such a way that it would ... A: The USCIS advises that it be notified by a letter signed by the new employer indicating that it is ... | |
| 180 day portability rule and I-140 | 6/23/2011 |
| Q: is it true that there is a new rule about the 180 day portability rule in such a way that it would ... A: The general rule remains that I-140 should be approved, and I-485 pending for at least 180 days, ... | |
| Query:-H4 to H1 conversion | 6/23/2011 |
| Q: Please help me with the process of conversion from H4 to H1.I am on H4 right now and I am looking ... A: As you are likely to be subject to the visa cap, the H1B petition approval notice will have a start ... | |
| F2 visa of wife while husband on OPT | 6/22/2011 |
| Q: I am currently working on OPT and has been working since last one year. My OPT is going to expire in ... A: As it can easily take 3 or 4 months for approval of an application to change status to F2, if your ... | |
| Naturalization and public assistance | 6/22/2011 |
| Q: I am a legal permanent resident. My yearly income is way below the minimum (I am a widow). I am ... A: If you are purposely underreporting your income in order to minimize tax burden, then this could be ... | |
| I-9 form Employment eligibility form | 6/21/2011 |
| Q: I have approved I-797 from my previous employer and it has got expired on june 17nth 2011. Meanwhile ... A: See the example below: ... | |
| I-9 form Employment eligibility form | 6/21/2011 |
| Q: I have approved I-797 from my previous employer and it has got expired on june 17nth 2011. Meanwhile ... A: Please see this excerpt from: ... | |
| I-9 form Employment eligibility form | 6/21/2011 |
| Q: I have approved I-797 from my previous employer and it has got expired on june 17nth 2011. Meanwhile ... A: You are able to legally be employed by the new employer, as you were maintaining H1B status through ... | |
| Domestic Travel while I-94 extension is Pending | 6/20/2011 |
| Q: I have a question about Identity proof for Domestic Travel in US. My Visa and I-94 had expired in ... A: I recommend obtaining copy of the receipt notice (Form I-797) as evidence that extension of status ... | |
| H4 and EAD and opening business | 6/20/2011 |
| Q: I am in the USA on an H4 visa. My wife is working on an H1B and has had green card approval with a ... A: Your and your wife's adjustment of status application (along with EAD application) can be filed only ... | |
| F2 to H1B | 6/19/2011 |
| Q: I am currently working on F1 visa and my fiance would be coming to US on F2 this year. Can we apply ... A: If your wife receives a job offer in the U.S., and the employer is willing to file an H1B petition ... | |
| visitor visa query | 6/19/2011 |
| Q: ..sir my student visa will be going to expire in July,2011 and have also done with my course. Now ... A: Your parents will apply directly at the nearest U.S. Consulate for B2 visa stamp: ... | |
| Spouse of Green Card holder | 6/18/2011 |
| Q: My son is a Green card holder and he is going to marry in Feb 2012 with an Indian girl who has no ... A: Applying for F1 visa stamp requires an intention of completing the study program. Not having any ... | |
| Spouse of Green Card holder | 6/18/2011 |
| Q: My son is a Green card holder and he is going to marry in Feb 2012 with an Indian girl who has no ... A: Student (F visa) or visitor visa (B visa) status does not allow for intention to immigrate to the ... | |
| J1/J2 to H1B/H4 | 6/16/2011 |
| Q: I hold a J1 visa and planning to apply for a H1B visa next April without leaving the US, not planing ... A: In order to change status from J1 to H1B, you should not be subject to the 2 year home country ... | |
| H1B Part Time | 6/14/2011 |
| Q: I was a full time employee and now I switched to a part time consultant. I made the switch about a ... A: An amended H1B petition should be filed as soon as possible. Alternatively (and this is the better ... | |
| B1 I-94 but applying for extension of my H-1B | 6/13/2011 |
| Q: I travelled for first time to US in Jan 2008 on B1 and was purely for business and stayed only for ... A: As you are aware, you are currently in B1 status. Your employer can file for change of status from ... | |
| L2 to H1B Change of Status | 6/12/2011 |
| Q: I entered the US on an L2 Visa in Feb 2011. In April 2011 an employer filed for H1B change of status ... A: The H1B petition is approvable. However, the USCIS may or may not grant extension of H1B status ... | |
| L2 to H1B Change of Status | 6/12/2011 |
| Q: I entered the US on an L2 Visa in Feb 2011. In April 2011 an employer filed for H1B change of status ... A: If the H1B petition approval notice (Form I-797) indicates that you were also granted change of ... | |
| Can I file for a H-1B now? | 6/10/2011 |
| Q: I have abt 12 years of exp, was in US for last 1 year on L1-A which is valid till 2013. About to ... A: An H1B petition can be filed up to 180 days before the start of the fiscal year of the government, ... | |
| L2 visa application without social marriage | 6/10/2011 |
| Q: Me and my husband are working in the same company.I got my marriage registered on 28th of Feb 2011. ... A: As the marriage is not a "secret" marriage (there were important witnesses to the marriage such as ... | |
| EB3 priority date | 6/8/2011 |
| Q: My Priority date is January 4th 2010. And I am in EB3 Hong Kong. How long do you think the waiting ... A: As per current visa bulletin (June, 2011): http://travel.state.gov/visa/bulletin/bulletin_1360.html ... | |
| AR-11 application | 6/8/2011 |
| Q: My priority date is current this month. Our lawyers asked if we filed AR-11 previously when we moved ... A: Since I-485 receipt notice has the old address, you should call 800-375-5283 and update address. You ... | |
| AR-11 application | 6/8/2011 |
| Q: My priority date is current this month. Our lawyers asked if we filed AR-11 previously when we moved ... A: You can call the USCIS at 800-375-5283 to see if AR-11 was filed, but in any event the fact that the ... | |
| Naturalization | 6/7/2011 |
| Q: My father has had green card from the 1990s but has only resided in the USA for the past 5 or 6 ... A: Filing tax returns is required only if it is otherwise required by the IRS. If tax returns were ... | |
| H1B Loss of pay | 6/6/2011 |
| Q: As a followup of the answer,I would like to know whether can I be under loss of pay for sometime, ... A: If your employment is terminated, there is a maximum of 10-day grace period. Thus, even if the H1B ... | |
| H1B transfer and Loss of Pay | 6/6/2011 |
| Q: I am working for Company A and I have got good offer in Company B. My visa has been approved with ... A: In order to maintain H1B status, there is a maximum 10-day grace period between termination of ... | |
| H4 Visa | 6/5/2011 |
| Q: My wife is in US with her approved H1-B visa and I am in India and working in a company of which I ... A: If you can show that your spouse is maintaining H1B status, then you should be issued H4 visa stamp. ... | |
| Naturalization | 6/4/2011 |
| Q: My father has had green card from the 1990s but has only resided in the USA for the past 5 or 6 ... A: It should be fine, if in the five years immediately preceding the filing of the naturalization ... | |
| U.S. residency options | 6/4/2011 |
| Q: My boyfriend has a EU passport he would like to know if he can travel to Canada and get US residency ... A: U.S. residency would normally be based either on family sponsorship (such as marriage to a U.S. ... | |
| how long a USA citizen can stay out of country | 6/4/2011 |
| Q: I am a naturalized USA citizen (became citizen in 2010 January). Since June 2010, I am out of USA on ... A: There is no action required. You can remain an unlimited amount of time outside the U.S. as you are ... | |
| required documents to support "employer and employee relationship" | 6/4/2011 |
| Q: I read that now uscis requires more documents to prove " employer and employee relationship" in H1B ... A: In our professional experience, unless there has been an RFE (request for evidence) issued by the ... | |
| H1B extension and I-94 expiring | 6/4/2011 |
| Q: Ajay, Recently I went to India and I got new I-94 which is expiring on June 17nth and H-1b Visa too ... A: Since you are legally in the U.S. in H1B status, as long as the H1B extension is filed prior to your ... | |
| H4 visa holders and AOS/I-765 pending: travel restrictions? | 6/2/2011 |
| Q: My spouse and I are valid H visa holders until July 2012 (I am a professor on a H1B visa, and he is ... A: Both you and your husband can travel and enter the U.S. on your unexpired respective H1B/H4 visa ... | |
| I94 Expired, L-1B Extn denied, old L-1B Visa valid for another 4 months | 6/1/2011 |
| Q: I am working for a company in L-1B visa. My visa is valid till Sep 2011, my I-94 expired in May. My ... A: As your I-94 has already expired (and extension has been denied by the USCIS), the visa in your ... | |
| H1B transfer, I-140 approved | 6/1/2011 |
| Q: Ajay, I got lay off on 5/31/2011. My 6th year of H1B is going to finish on 2/24/2012. My I-94 have ... A: As it appears that the company which sponsored you for I-140 is going to revoke its I-140 petition ... | |
| L1B Validity if not used for 16 months | 5/28/2011 |
| Q: I have got L1B(blanket) valid for next 2 years however the same is not used for 16 months since it ... A: It is still valid to enter the U.S. In order to avoid difficulties at the port-of-entry, however, it ... | |
| I94 Expired, L-1B Extn denied, old L-1B Visa valid for another 4 months | 5/28/2011 |
| Q: I am working for a company in L-1B visa. My visa is valid till Sep 2011, my I-94 expired in May. My ... A: If your I-94 has already expired, then you must depart the U.S. upon learning of the denial of L1B ... | |
| Fiance or Spouse Visa | 5/27/2011 |
| Q: Which petition would be faster? Fiance or Spouse petition? My fiance and I have been together for 3 ... A: The spousal petition is now about as fast as the K3 petition process. Thus, the I-130 filing by ... | |
| H1b visa approved after L1b blanket denied? | 5/27/2011 |
| Q: Sir, I came to India on 1st feb 2011 and attended went for visa extension stamping on feb 22, ... A: L1B is independent of H1B. Therefore, as long as your information stated on the H1B petition does ... | |
| Green card category information | 5/26/2011 |
| Q: I have a total of 7 years of experience in Engineering. I am currently on L1-B visa in US since 3 ... A: Please note that you would be totally dependent upon the employer to start the green card process ... | |
| H1B reactivation | 5/26/2011 |
| Q: I got H1B visa in 2008 with validity from Oct 2008 till Sept 2011. For some personal reason i didn't ... A: The USCIS will make no distinction between the original employer filing and a different employer ... | |
| My children in F2 visa status traveling | 5/26/2011 |
| Q: We came under a tourist visa and here I decided to change my status to be able to study. I actually ... A: The Consulate normally will not issue a dependent visa stamp (e.g., F2 visa stamp) to a family ... | |
| F1 employment & marriage to U.S. citizen | 5/25/2011 |
| Q: I have a F1 visa and just graduated and supposed to be getting my OPT card next month. my girlfriend ... A: You will receive an EAD (employment authorization document) based on marriage to a U.S. citizen ... | |
| US Visa | 5/25/2011 |
| Q: I'm currently working with a software major. My husband is currently onsite in the US and I was ... A: Yes, you can obtain L2 visa stamp at a U.S. Consulate, but the Consulate may then cancel your ... | |
| Priority Date Current | 5/23/2011 |
| Q: I just like to ask if something is wrong with my pending application. Here are the details: Category ... A: Your I-485 will be approved very soon. It typically takes between 4 and 10 months for I-485 to be ... | |
| H4 - H1B - H4 | 5/23/2011 |
| Q: In Jan 2009 I entered in USA on H4 visa. In April 2009 filed for H1B through employer A. Since H4 ... A: A new H1B petition must be filed by the employer requesting change of status from H4 to H1B; an ... | |
| H4 - H1B - H4 | 5/23/2011 |
| Q: In Jan 2009 I entered in USA on H4 visa. In April 2009 filed for H1B through employer A. Since H4 ... A: You will not be subject to the visa cap when the employer files an H1B petition for you. Thus, the ... | |
| H4 - H1B - H4 | 5/23/2011 |
| Q: In Jan 2009 I entered in USA on H4 visa. In April 2009 filed for H1B through employer A. Since H4 ... A: As the latest action by USCIS is change of status to H4, you are currently in H4 status, which does ... | |
| H1B reactivation | 5/21/2011 |
| Q: I got H1B visa in 2008 with validity from Oct 2008 till Sept 2011. For some personal reason i didn't ... A: As you are not currently in H1B status, you should wait until H1B petition granting you change of ... | |
| L1B resignation, employer liability re. return travel | 5/20/2011 |
| Q: I am currently in USA working for an IT organisation. I have a L1B visa. To pursue other ... A: As you are voluntarily resigning from the L1B employer, the employer is not responsible for return ... | |
| I-140 Priority Date Porting | 5/20/2011 |
| Q: I have an approved I-140 from my old company with PD 2004. I left them in 2007 and joined my new ... A: You should be able to port the earlier priority date based stated on I-140 approval notice even if ... | |
| H1B stamping in another country | 5/20/2011 |
| Q: I have a approved petition. Its start date is 13-April-2011. It seems I should got for stamping ... A: As you are currently residing in Sweden, you can apply for an H1B visa stamp at a U.S. Consulate in ... | |
| Travel when Priority Date is current | 5/19/2011 |
| Q: My priority date becomes current on June 1st. I have travel plans set for the the end of the year ... A: The purpose of advance parole document is to prevent I-485 denial due to abandonment, so there is no ... | |
| Travel Concern while on F1 | 5/19/2011 |
| Q: I have H1 B visa, my wife has a F1 visa. My EB-2 I-140 has been approved, and recently I also ... A: I agree with your current attorney. As F visa status does not allow for intention to immigrate to ... | |
| Travel when Priority Date is current | 5/18/2011 |
| Q: My priority date becomes current on June 1st. I have travel plans set for the the end of the year ... A: Your AP document should be used when boarding a flight back to the United States. Upon arrival at ... | |
| MOTHERS VISA AND H4 TO STUDENT VISA | 5/17/2011 |
| Q: please i want to ask the best way to apply for my mother to come and help with her first grand ... A: H4 status is not applicable to parents. Thus, your mother will need to apply for visitor visa (B2) ... | |
| H4 to F1 from Canada | 5/16/2011 |
| Q: I have just received my H4 status approval 4 days back. I need to join a university on 1st June and ... A: You can apply for F1 visa stamp in Canada. However, if the U.S. Consulate in Canada where you apply ... | |
| Pregnant UK citizen by my US boyfriend | 5/15/2011 |
| Q: I'm wondering if you could give me some answers. I'm from the UK and I've been with my US boyfriend ... A: The K1 visa should be issued, as you and your boyfriend have every intention of marrying each other ... | |
| Form I-864 | 5/15/2011 |
| Q: I live in New York and have a wonderful nanny who is from Jamaica. She is currently in the process ... A: If you sign the Affidavit of Support, if the immigrant sponsored in this affidavit does receive one ... | |
| H1B stamping in another country | 5/14/2011 |
| Q: I have a approved petition. Its start date is 13-April-2011. It seems I should got for stamping ... A: You must be residing in Sweden in order to apply at a U.S. Consulate in Sweden for H1B visa stamp. ... | |
| EB2 dependent application | 5/12/2011 |
| Q: I am currenly on a H1, my husband is on an EAD, with the June bulletin my husband's application date ... A: Yes, you can leave your H1B employer after issuance of I-485 receipt notice. You would be able to ... | |
| EB2 dependent application | 5/12/2011 |
| Q: I am currenly on a H1, my husband is on an EAD, with the June bulletin my husband's application date ... A: You can file your adjustment of status application (also known as AOS, or I-485 application) in ... | |
| l1 to f2 change of status | 5/11/2011 |
| Q: I am planning to convert from L1 to F2 visa( my wife is on f1). I checked online and it says that ... A: It typically takes close to 3 months for approval of application granting change of status. When ... | |
| H1B Marriage | 5/11/2011 |
| Q: I am a Canadian citizen currently living and working in teh U.S. on a TN Visa which has been ... A: After marriage, your wife can change to H4 status, as the dependent of an H1B visa status holder. ... | |
| DS160 Form Help | 5/10/2011 |
| Q: My L1 Blanket visa was not clearly approvable in feb 2011. The VO given me 221(g) white form in ... A: You can answer "no" since you were not actually refused a visa. You should clearly disclose the ... | |
| H1B to Green Card via Marriage | 5/10/2011 |
| Q: First off, thank you very much for assisting me with this query. I am getting married to my fiance ... A: After marriage, all sponsorship paperwork should be filed concurrently with the USCIS: I-130, I-485, ... | |
| F1 & F2 to H4 | 5/9/2011 |
| Q: how can we change our F1 and F2 visas to H4? Do we need to hire a lawyer or we can just directly go ... A: H4 status is granted to a dependent (spouse, and/or children under 21) of the H1B principal ... | |
| Overstay outside US On Green Card | 5/9/2011 |
| Q: Arora, My Parents have a Green Card since 2001 and is expiring 10/2011. They were in & out until ... A: Unfortunately, your parents have automatically abandoned their lawful permanent resident status by ... | |
| Marrying ex-wife | 5/7/2011 |
| Q: I became a USC through marriage and is now divorced and I want to marry my ex-wife (prior to my ... A: If you divorce and remarry within 5 years of obtaining resident status on the basis of marriage to a ... | |
| I-130 and Consular Processing? | 5/5/2011 |
| Q: My wife and I were married a little over a month after she entered on a visitor visa. She needs to ... A: If the Consulate refuses to issue an immigrant visa, there is less recourse for appeal. Therefore, ... | |
| Perm Priority Date | 5/3/2011 |
| Q: I have a question regarding my PERM. My PERM was filed on Oct 2008 and we still do not have an ... A: Processing times are here and can be tracked by clicking on "Perm Processing Times" tab: ... | |
| Consular process for marriage to U.S. citizen | 5/2/2011 |
| Q: I am mexican woman and got married with a US citizen in US in 2010 when I was visiting him (we had a ... A: It is a longer process at the Consulate, but it is actually somewhat less expensive. However, you ... | |
| J1 visa holder marring USC | 5/2/2011 |
| Q: I am a J1 visa holder doing my medical residency training and subject to the 2 year home residence ... A: As J visa status does not allow for intention to immigrate to the U.S., the USCIS is unlikely to ... | |
| H1b transfer from Non profit to profit | 5/1/2011 |
| Q: I have a non profit H1b(still working for the university). I need to take a transfer to a profit ... A: If you will continue to work for both the non-profit as well as for the for-profit company ... | |
| I 485 pending PD 02 2004 EB3 | 4/30/2011 |
| Q: I got I140 approved in 2008 I485 pending pd is 02 2004 EB3. My daughter is 29yrs US citizen can she ... A: Yes, your daughter can file I-130 petition for you. As parents of U.S. citizens are considered ... | |
| L2 Visa Application | 4/29/2011 |
| Q: Arora, I am a fellow Nittany Lion and have a question concerning my/future spouse's visa situation. ... A: Any additional documents with either or both of your names to the same address is helpful in showing ... | |
| Consular process for marriage to U.S. citizen | 4/29/2011 |
| Q: I am mexican woman and got married with a US citizen in US in 2010 when I was visiting him (we had a ... A: Since you are already marrried to a U.S. citizen, and seem to have a clearly formed intent at time ... | |
| Green Card Lottery | 4/29/2011 |
| Q: How do I apply for Green Card lottery? there are so many spammers out there and I want to be sure I ... A: The entry registration period for DV-2012 is now closed. The online registration for DV-2012 began ... | |
| H1B reactivation | 4/28/2011 |
| Q: I got H1B visa in 2008 with validity from Oct 2008 till Sept 2011. For some personal reason i didn't ... A: In order to activate your H1B status (through the original H1B employer), you have two choices: ... | |
| Perm Priority Date | 4/28/2011 |
| Q: I have a question regarding my PERM. My PERM was filed on Oct 2008 and we still do not have an ... A: Unless there has been an audit of the PERM application, it should have been certified (or denied) at ... | |
| H1B transfer | 4/27/2011 |
| Q: I have my H1 filed with current employer and the status is Initial review since. I have got ... A: Multiple companies can file an H1B petition for you. Your current employer will not be aware of ... | |
| L2 Visa Application | 4/27/2011 |
| Q: Arora, I am a fellow Nittany Lion and have a question concerning my/future spouse's visa situation. ... A: As appointment for visa stamping of spouse can take place only after marriage, and as your objective ... | |
| L1B rejected 221(g), Not Clearly Approvable | 4/26/2011 |
| Q: L1B got rejected with 221(g), white feedback form and comments Not Clearly approvable Hello Sir, I ... A: I recommend working for at least one year on a proprietary technology developed by the company ... | |
| B1/B2 to H4 visa | 4/26/2011 |
| Q: I currently have an H1B visa valid until September 2012. My fiance just arrived here in the US last ... A: There will be no presumption of fraudulent entry to the U.S. if you and your fiance wait at least 60 ... | |
| Re-scheduling AOS interview | 4/26/2011 |
| Q: I have received a notice for my adjustment of status interview. I got married to a USC and hence I ... A: The interview notice should provide instructions for adjourning the interview, such as calling the ... | |
| B2 TO H1B | 4/25/2011 |
| Q: I am an EU citizen with 10 year multiple entry b1/b2 visa who entered the US on B2 status valid for ... A: It is generally OK to file change of status application 60 days or more after entry to the U.S. ... | |
| EB2 - spouse change of status | 4/25/2011 |
| Q: I have few queries regarding EB-2 category application by Indian citizens. [A] My husband is on H1B ... A: H visa status allows intention to immigrate to the U.S. even though it is a nonimmigrant visa ... | |
| J1 vs. H1 Visa | 4/25/2011 |
| Q: I have received an offer from two different states if the US. Unfortunately, they are offering two ... A: All else being equal, H1B is preferred over J1. H1B status can be extended as needed for 6 years ... | |
| GC application query | 4/23/2011 |
| Q: Ajay Arora, I have a question regarding my green card application. I have done my Masters in US and ... A: It can take 5 or 6 months to prepare PERM application (also known as "labor certification") before ... | |
| EB2 - spouse change of status | 4/21/2011 |
| Q: I have few queries regarding EB-2 category application by Indian citizens. [A] My husband is on H1B ... A: There will be no problem changing status from F1 to H1B if you find an employer willing to file an ... | |
| I20 and Sponsor | 4/20/2011 |
| Q: I am currently studying on an H4 visa. I am in talks with my professor for assistantship and might ... A: If I-20 is issued and you have intention of being a student, you should not apply for H4 visa stamp ... | |
| F1 visa and I-130 Petition | 4/20/2011 |
| Q: i came in the us in 2005 on a f1 visa. prior to my arrival in the us my American citizen had filed ... A: The I-130 petition should still be approved in the 4th family preference category when the priority ... | |
| H1B transfer | 4/20/2011 |
| Q: I worked for a non-profit organization from Jan 2009 to Nov 2010. I got to know I would be laid off ... A: The worst case scenario is that the H1B petition is approved, but extension of H1B status is not ... | |
| Marriage with a U.S citizen | 4/19/2011 |
| Q: Ajay K. Arora, I have a sister who is studying in the States under the F-1 visa, which is expiring ... A: Upon marriage, all sponsorship paperwork is filed concurrently with the USCIS: ... | |
| I-130 form within the U.S. or from Canada? | 4/16/2011 |
| Q: I am a US citizen living in Canada with my Canadian wife. We own property in Florida and wish to ... A: It is possible but unlikely that the I-130 will be approved within 6 months. Also note that I-485 ... | |
| I-130 form within the U.S. or from Canada? | 4/16/2011 |
| Q: I am a US citizen living in Canada with my Canadian wife. We own property in Florida and wish to ... A: Your wife, as a Canadian citizen, can enter the U.S. without any visa. However, she cannot have an ... | |
| H1B - 2 RFEs | 4/16/2011 |
| Q: Completed 6 yrs H1b, I-140 approved, I-94 expired in march. Applied for extension with current ... A: You are required to discontinue employment with the client if the current employer H1B petition is ... | |
| Spousal sponsorship based on marriage | 4/15/2011 |
| Q: I have lived in US now for almost 10 years, my last entry was on May 1998 with a turist visa, ... A: In order to be sponsored by your husband and adjust status in the U.S., you must be able to provide ... | |
| H1B - 2 RFEs | 4/15/2011 |
| Q: Completed 6 yrs H1b, I-140 approved, I-94 expired in march. Applied for extension with current ... A: You can legally work for the client based on its filing of H1B petition. However, the USCIS will not ... | |
| Regarding GC process | 4/15/2011 |
| Q: Iam on H1B visa which has validity till 18-Feb-2012 (this is 6th year completion). below are some ... A: You must be offered the prevailing wage as per ... | |
| adjustment of status in F3 category | 4/15/2011 |
| Q: My parents are US citizens in California,they are willing to sponsor me and my husband and provide ... A: You will fall in the 3rd family preference category (married child sponsored by U.S. citizen ... | |
| Automatic Revalidation of H1B visa | 4/14/2011 |
| Q: My h1b visa got expired in July 2010 and the I-94 given at Port of Entry is expired. My petition ... A: Based on the facts in your email, it is OK to travel to Canada for 30 days or less and enter the ... | |
| Tourist visa and I-130 filed | 4/14/2011 |
| Q: Refused visa once on basis of Spouse being a green card holder. I-130 just approved. First Marriage ... A: As visitor visa category does not allow for intention to immigrate to the U.S., the Consulate is ... | |
| Application for H4 Visa Late? | 4/14/2011 |
| Q: My husband has been working in the US under an H-1B visa for about a month already. He left me (his ... A: You can apply for H4 visa stamp from the U.S. Consulate anytime prior to expiration of the validity ... | |
| H4 to F1 | 4/13/2011 |
| Q: . I am on H4 visa and have been admitted for a masters program. My husbands I 40 has been approved ... A: If you answer "yes" the I-539 will almost surely be denied. If you answer "no" (on the basis that ... | |
| H4 to F1 | 4/13/2011 |
| Q: . I am on H4 visa and have been admitted for a masters program. My husbands I 40 has been approved ... A: The USCIS is unlikely to approve change of status to F1 application as you have an intention to ... | |
| L2 and EAD | 4/13/2011 |
| Q: From your answer I have a question. If you can help me out with this one as well. My company ... A: Filing for EAD immediately after entry on L2 visa does not constitute fraudulent entry. Filing for ... | |
| I485 interview and no response | 4/12/2011 |
| Q: how are you? How long does it usually take to get the result after the interview? It has been almost ... A: The priority date must be current in the month when I-485 will be approved. The fact that it was ... | |
| Relocation while H1B extension filed | 4/12/2011 |
| Q: My H1B extension was filed for city C1 and client CL1 in last week of Feb. However after filing for ... A: There is no particular benefit to upgrading to premium, as you are able to be legally employed based ... | |
| Applying for L2 and EAD | 4/12/2011 |
| Q: My husband is in US on L1B VISA. My company also applied L1B but VO marked my documents "Not Clearly ... A: As criteria for issuance of L2 visa stamp is that your spouse has been issued L1 visa status, the ... | |
| h4 visa | 4/11/2011 |
| Q: my mom is working in US and we will be applying for an h4 visa i know that we need pictures of my ... A: As there is an adequate explanation (flood damage), do not worry about the absence of wedding ... | |
| H1B transfer - RFE | 4/11/2011 |
| Q: First I would like to thanks this site for giving opportunity to post questions. Coming to ... A: Yes, Co. C can file H1B petition for you. However, the USCIS will not both approve Co. C's H1B ... | |
| H1B transfer, RFE & 6 year limit | 4/9/2011 |
| Q: I am currently working in a university A and have received an offer from a hospital B. Hospital B ... A: In case I-140 is not approved by the time of deadline to respond to RFE, I recommend that you ... | |
| LCA Query | 4/8/2011 |
| Q: Ajay K. Arora, I had a question regarding an LCA query and would appreciate any help. My LCA has ... A: An LCA can be valid for up to 3 years, but you cannot be employed beyond expiration date on H1B ... | |
| H1B cap after 10 years in E status? | 4/8/2011 |
| Q: I first obtained H1B status in 1998 and renewed it in 2001. A few months into my second H1B period ... A: I stand by my initial answer, but what complicates your situation is that you were never absent from ... | |
| H1B cap after 10 years in E status? | 4/8/2011 |
| Q: I first obtained H1B status in 1998 and renewed it in 2001. A few months into my second H1B period ... A: As your H1B status expired more than 6 years ago, you will be subject to the visa cap. Thus, a ... | |
| H1B Business Analyst category | 4/8/2011 |
| Q: If my employer files a H1B visa for me in the of Business Analyst category will I be able to take up ... A: H1B status is employer specific, meaning that you can be employed by an an employer only if it ... | |
| L2 Visa applicant present employment | 4/7/2011 |
| Q: My husband is having L1 visa and currently in US.I'm planning to apply for L2, right now I am ... A: As of the date that the DS-160 is being completed, you are employed, so you should provide the ... | |
| L2 Visa applicant present employment | 4/7/2011 |
| Q: My husband is having L1 visa and currently in US.I'm planning to apply for L2, right now I am ... A: You are not required to resign from your current employer. Issuance of L2 visa stamp by the U.S. ... | |
| green card status for spouse | 4/5/2011 |
| Q: I have few questions that hopefully you can assist me with. Allow me to extend my thanks in advance. ... A: Based on your marriage, you are automatically included in your husband's employer sponsorship case. ... | |
| L1 Status after marrying US Citizen | 4/4/2011 |
| Q: Good morning Ajay, I am a L1 Blanket Visa holder with Valid Visa till Aug 2012. I am here for my ... A: Upon marriage to a U.S. citizen, you can maintain underlying L1 visa status while the marriage ... | |
| H1b Cap | 4/3/2011 |
| Q: Greetings, I head the H1b cap opened a few days ago. However my company said they won't be able to ... A: Your company can file an H1B petition now. However, the requested start date noted on the H1B ... | |
| OPT/H1B | 4/3/2011 |
| Q: Greetings, I got a job that want me to start on June 1st; I already applied for OPT and waiting ... A: I recommend that the employer file an H1B petition for you on a timely basis, so that your H1B ... | |
| Visitor visa after I-130 filing | 4/2/2011 |
| Q: I am a US Citizen and already filed I-130 for my brothers and Sisters. I have received the notice ... A: Unfortunately, the visitor visa category (B1 or B2 visa) does not allow for intention to immigrate ... | |
| Relocation while H1B extension filed | 4/1/2011 |
| Q: My H1B extension was filed for city C1 and client CL1 in last week of Feb. However after filing for ... A: If there is an RFE, your employer should be ready to submit response to the RFE by attaching ... | |
| H1B visa and credentials evaluation | 3/30/2011 |
| Q: I am about to apply for H1 visa and one of my fried told me to get my degrees verified by a company ... A: You can do a search engine query for companies which provide credentials evaluation equating a ... | |
| Canadian PR Cardholder & H1B Visa | 3/30/2011 |
| Q: If a person working in USA on H1B gets Canadian PR Card, can he continue to work on H1B status or it ... A: Yes, you can continue to work on H1B status. There is no T1 status for employment in the U.S. You ... | |
| reentry visa | 3/29/2011 |
| Q: My husband has a valid green card to 2012 , he left USA eight years ago to Iraq , he didn't apply ... A: Your husband has abandoned his lawful permanent resident status by being outside of the U.S. for ... | |
| Moving to home country | 3/29/2011 |
| Q: Mr. Arora, I'm currently working on an H1-B visa and have a couple of years to go. If I wish to go ... A: There is no problem in departing the U.S. You should turn in your I-94 to the airline when departing ... | |
| student visa stamping with existing B1/B2 | 3/28/2011 |
| Q: when both parents are green card holders and only sister is a citizen, if the brother having B1/B2 ... A: As you have visited the U.S. previously multiple times without any apparent violation of immigration ... | |
| I485 interview and no response | 3/26/2011 |
| Q: how are you? How long does it usually take to get the result after the interview? It has been almost ... A: The I-485 should have been approved by this time. It is possible that there has been visa ... | |
| error on green card | 3/26/2011 |
| Q: Can I travel internationally if theirs an error on my green card A: It depends on the error...if it is a simple typographical error (such as a letter of an alphabet ... | |
| Marriage to U.S. citizen and sponsorship | 3/25/2011 |
| Q: I came to the US in 2009 on F1 visa, I did well in my first semester and I was on the deans list. I ... A: There is no specific time frame to file AOS. However, it can complicate matters if you happen to get ... | |
| Marriage to U.S. citizen and sponsorship | 3/25/2011 |
| Q: I came to the US in 2009 on F1 visa, I did well in my first semester and I was on the deans list. I ... A: Assuming that your wife divorced the earlier spouse before she married you, there should be no ... | |
| Change of Status from F-1 to H-1 | 3/25/2011 |
| Q: I came to U.S on L-1 on Feb 2005 and then converted to H-1 on Dec 2007 and the total six years CAP ... A: You are not eligible for extensions beyond six years, as PERM denial (even if subsequently appealed) ... | |
| Time on H1B1 count toward H1B six year limit? | 3/25/2011 |
| Q: I am currently on the regular H1B visa which has a six year limit. This is my 5th year of working in ... A: As you must be able to demonstrate that you do not intend to reside or work permanently in the U.S., ... | |
| H1 Bridge transfer case | 3/24/2011 |
| Q: Completed 6 yrs of H1B on 21st March 2011. I-140 approved. Had filed for extension with current ... A: Client company can file H1B petition requesting extension of H1B status, and you can be on the ... | |
| Time on H1B1 count toward H1B six year limit? | 3/24/2011 |
| Q: I am currently on the regular H1B visa which has a six year limit. This is my 5th year of working in ... A: Unfortunately, any time spent in H1B1 or H1B visa classification counts towards the 6 year aggregate ... | |
| L1B and green card | 3/23/2011 |
| Q: my husband is travelling to us frequently on l1b visa. currently he is in india. the visa will ... A: As L visa status allows for intention to immigrate to the U.S., the company can start the green card ... | |
| H4 for my spouse | 3/21/2011 |
| Q: Me and my wife will be going for visa interview soon, my wife is still working in India and i have ... A: A letter of the type mentioned in your email may be helpful if an application is made for a visitor ... | |
| L2 visa EAD | 3/21/2011 |
| Q: I understand that need to apply for EAD to start working on L2 visa. I am L1A visa holder and my ... A: Yes, an applicant can depart the U.S. after filing EAD application, and the EAD application should ... | |
| H4 for my spouse | 3/21/2011 |
| Q: Me and my wife will be going for visa interview soon, my wife is still working in India and i have ... A: Issuance of H4 visa stamp by a U.S. Consulate allows for travel to the U.S. by the dependent H1B ... | |
| Starting LLC/LLP or company on H1B | 3/20/2011 |
| Q: If an individual came to the US on an H4 visa. Can an individual change from H4 visa to H1B visa? ... A: You can be a passive investor in a company, but being actively involved in day to day management of ... | |
| L2 visa EAD | 3/18/2011 |
| Q: I understand that need to apply for EAD to start working on L2 visa. I am L1A visa holder and my ... A: L2 application must be signed by your husband and can only be filed when the applicant is physically ... | |
| H1B premium processing | 3/17/2011 |
| Q: US company A is ready to apply my H1B premium processing in April 2011 for the year 2012. With H1B ... A: I am assuming that you are not currently in H1B status. As you are subject to the visa cap, your ... | |
| h1b to niw petition to J1 | 3/16/2011 |
| Q: Question is still complex? My friend is on H1b visa 4th year. He has applied for NIW EB2 for ... A: As the J visa category (along with B visitor and F student) visa categories does not allow for ... | |
| L1- H1 COS Denial | 3/15/2011 |
| Q: My L1-H1 COS has been denied. I am still working for my L1 employer and have my L1 visa valid until ... A: As you and your family are maintaining underlying L1/L2 visa status, there is no problem with L1/L2 ... | |
| H1B Approval notice withdrawn before change of status date. Is it cap counted? | 3/15/2011 |
| Q: I was on a F1 when my H1 approval notice came through. Was laid off before effective change of ... A: As the petition was revoked prior to effective approval date, you will be subject to the visa cap ... | |
| I-130 and priority dates | 3/15/2011 |
| Q: well, assume my priority date is 10 october 2010 and when i check the USCIS visa bulletin and by the ... A: The date stated on the state department visa bulletin ... | |
| H4 Visa | 3/14/2011 |
| Q: I am currently on L1B visa with my employer and my wife's employer is processing her H1-B visa as ... A: When the U.S. Consulate issues you H4 visa stamp in your passport, the Consulate will likely cancel ... | |
| Time in H1B1 visa count towards 6 years on H1B? | 3/14/2011 |
| Q: I am a Singaporean citizen. In my first 3 years on my first job, I was under the H1-B1 visa for ... A: You will be subject to aggregate limit of six years. Thus, when changing status to H1B, the time ... | |
| H4 Visa | 3/14/2011 |
| Q: I am currently on L1B visa with my employer and my wife's employer is processing her H1-B visa as ... A: As long as you have maintained your L1B status (by continuing to be employed by your L1B employer, ... | |
| PERM Employment Issue | 3/14/2011 |
| Q: I work as a Computer Science Instructor at a public, magnet, math/sci school in Virginia. My PERM(MS ... A: Your employer is misinformed, as the relevant time period is six months within the filing of PERM. ... | |
| H4-H1-H4-H1 | 3/14/2011 |
| Q: I was on H4 and my H1B got approved in oct 2007 .After 9months i found project and worked for ... A: You will not be required to provide paystubs from the period when you were in H1B visa status. The ... | |
| green card W2 or 1099 | 3/13/2011 |
| Q: I JUST GOT MY PERMANENT RESIDENT CARD ( EMPLOYMENT BASED ). I NEVER WORKED FOR MY SPONSOR BEFORE ... A: The employer sponsorship process requires an intention of full-time, permanent employment with the ... | |
| H4-H1-H4-H1 | 3/13/2011 |
| Q: I was on H4 and my H1B got approved in oct 2007 .After 9months i found project and worked for ... A: As you are currently on H4 status, when a company files an H1B petition for you requesting change of ... | |
| f4 petition how to reopen | 3/13/2011 |
| Q: In yr. 2006 my family got f4 petition approved and i send my wife and chldren to us after getting ... A: As you did not obtain an immigrant visa in 2006, that particular immigrant petition has been ... | |
| L1A and Green card | 3/11/2011 |
| Q: I have L1A visa valid till 2014 and I am coming to US next month. I would like to know when can my ... A: As long as the U.S. company has been doing business for at least one year, an immigrant petition ... | |
| Hold both H1B and L1 together? | 3/10/2011 |
| Q: I was on L2 spouse visa. My husband's L1 visa expires on May and a new H1B visa got filed and ... A: In order to change from L1 to H1B in the future based on his current H1B approval notice, he will ... | |
| Hold both H1B and L1 together? | 3/10/2011 |
| Q: I was on L2 spouse visa. My husband's L1 visa expires on May and a new H1B visa got filed and ... A: An individual can hold only one status at a time in the U.S. Since it appears that your husband's ... | |
| Stay in US before getting H1B approved? | 3/9/2011 |
| Q: I'm currently on L2 dependent visa on my husband's L1A. I have an EAD and recently I got a job here ... A: Since your employer is exempt from the visa cap, it can file H1B petition anytime. You are not ... | |
| Stay in US before getting H1B approved? | 3/9/2011 |
| Q: I'm currently on L2 dependent visa on my husband's L1A. I have an EAD and recently I got a job here ... A: You can stay in L2 visa status in the U.S. even if your husband is not physically present as long as ... | |
| i-485 adding spouse | 3/9/2011 |
| Q: I have applied for I-485 in EB2 category. If I get married before I-485 is approved can I add my ... A: Yes, if you marry prior to your I-485 approval your spouse will be included in your green card ... | |
| Green Card Filing Question | 3/8/2011 |
| Q: I am on my 6th year of H1 residing in US. My Visa will expire in Sept 2011. Can i apply for my Green ... A: In order to extend H1B status beyond six years, your employer must start the green card process ... | |
| Reg L1-H1B COS | 3/7/2011 |
| Q: I am currently on L1 in USA through an X employer and I have an H1B approval which was applied in ... A: If H1B petition is approved granting you change of status, you will automatically be in H1B status ... | |
| L2 and EAD and H1B | 3/7/2011 |
| Q: I am working on L1-B visa in U.S for the past 18 months. I got maried recently and I am trying to ... A: EAD application will be filed with the USCIS by your wife when she is in the U.S. There is no ... | |
| H1B to green card via marriage | 3/6/2011 |
| Q: My company is filing for my H1B this year and it will come into effect on Oct 1, 2011. But I if I ... A: Sponsorship through marriage to a U.S. citizen can be done anytime, and will not interfere with H1B ... | |
| removal from the U.S. | 3/6/2011 |
| Q: I came in US in 2002 on K-1 visa and my fiance changed her mind. I overstayed illegally in US and ... A: Entry on K1 visa and failure to marry the U.S. citizen within 90 days of entry to the U.S. fiance ... | |
| Can H1B be sponserd by Non profit org ? | 3/4/2011 |
| Q: I came to US with H4 visa . I would like to file an H1b to pursue my career. Am volunteering as web ... A: Your employer has to file an H1B petition with the USCIS requesting change of your status from H4 to ... | |
| Visit from U.S to India with H1B | 3/4/2011 |
| Q: I am in US on H4. Suppose a company files H1B visa for me for 2011. As per the rules I will be ... A: If you depart the U.S. after H1B petition is approved by the USCIS, but prior to H1B taking effect ... | |
| Green Card Options | 3/2/2011 |
| Q: I and my wife are Green Card holders for 2 years. My son (4 years old) in a US citizen. I have to ... A: If you want to maintain your green card, I recommend that you lease or have a mortgage on a home in ... | |
| H4 Change Of Status | 3/1/2011 |
| Q: Sir, I came US (from India) in Feb-2009 in L1 visa (I-94 valid date is Nov-2011). My wife and kids ... A: As H4 application cannot be filed through premium processing (unless accompanied by H1B petition ... | |
| Apply for L2 visa while 221(g) pending for H1B stamp? | 3/1/2011 |
| Q: I had applied for H1-B visa and was given a 221(g) blue form with the comment "Wait for decision ... A: I recommend contacting the Consulate to request withdrawal of the application for H1B visa stamping ... | |
| H1B and not joining employer | 3/1/2011 |
| Q: I am working for Company A in India, who filed my H1-B visa and it has been approved and stamped ... A: Co. B can file H1B petition for you. Upon approval by the USCIS, you should apply for new H1B visa ... | |
| H1B and not joining employer | 2/28/2011 |
| Q: I am working for Company A in India, who filed my H1-B visa and it has been approved and stamped ... A: You cannot travel to the U.S. on your H1B visa stamp unless the purpose of your entry will be ... | |
| L1B rejected with 221(g), feedback form and comments Not Clearly approvable | 2/27/2011 |
| Q: L1B got rejected with 221(g), white feedback form and comments Not Clearly approvable Hello Sir, I ... A: There have been many L1B denials of visa stamping at U.S. Consulates, as the L visa category is not ... | |
| H1-B Wage Level and RFE | 2/25/2011 |
| Q: I have been working under H1-B with my current employer since 2003 and my job description has not ... A: H1B reflects your current job, and PERM is permanent, full-time employment in the future. You are ... | |
| Impact of relocation on GC process | 2/25/2011 |
| Q: I am working as Full Time Employee on H1. I also have a GC process and PERM and 140 have been ... A: Since the new location of your worksite is within the MSA, a new LCA is not required to be filed ... | |
| H1B while Reinstating F1 | 2/24/2011 |
| Q: I have to apply for Reinstatment of my student F 1 visa because my school shut down...But at the ... A: For reinstatement, please see the DSO (also known as international student advisor) at your ... | |
| K3 PROCESSING TIME | 2/24/2011 |
| Q: I AM TOLD THAT K3 IS TALKING AS LONG, AND MAY BE LONGER THAN I130 FOR MY WIFE, JUST GOT MY I130 ... A: If the K3 process is started with the USCIS but both I-129F and I-130 are approved, the National ... | |
| Academic H1B - Industry H1B Transfer | 2/23/2011 |
| Q: I am currently holding a H1B from an academic institution and have been offered a position in ... A: Yes, your assumptions are correct. Since your current H1B was filed by a visa cap-exempt ... | |
| Applying for H1B while in India | 2/23/2011 |
| Q: My L1B visa expired on Aug 18th 2010, and i'm in India right now. Now, I wish to apply for H1b on ... A: There is no time restriction in applying for visa stamping. Of course, if you decide to apply for ... | |
| name change | 2/23/2011 |
| Q: I married a canadian citizen who change her last name to mine and she is back waiting for ... A: The marriage certificate (which normally states both the maiden name and the new surname) in ... | |
| 245i - Marriage to US Citizen | 2/22/2011 |
| Q: I entered this country when I was 11 with a tourist visa in 1993. However, my passport was then lost ... A: As you are grandfathered under sec. 245(i), it is OK if you cannot prove legal entry to the U.S. ... | |
| Applying for H1B while in India | 2/22/2011 |
| Q: My L1B visa expired on Aug 18th 2010, and i'm in India right now. Now, I wish to apply for H1b on ... A: The probability of H1B petition approval by USCIS is not based on whether the beneficiary is ... | |
| L1 to H1 | 2/19/2011 |
| Q: I had applied for H1 in 2007 through employer A, when I was in India and had got an approved ... A: In our experience if the new H1B employer attaches copy of previous H1B approval notice (even though ... | |
| L1 to H1 | 2/19/2011 |
| Q: I had applied for H1 in 2007 through employer A, when I was in India and had got an approved ... A: As you were never in H1B status, you will be subject to the visa cap when Employer B files an H1B ... | |
| Visa and EAD renewal | 2/18/2011 |
| Q: I am currently on a L2 visa and I have an EAD due to which I am currently working as a permanent ... A: The I-539 will have a different receipt number than the I-129 as it is technically a different ... | |
| H1 and F1 related | 2/18/2011 |
| Q: My name is Preeti and my husband is on H1B in USA working for a consulting firm. His company has ... A: I assume that your husband's I-140 has been approved but his I-485 has not yet been filed. Thus, it ... | |
| Visa and EAD renewal | 2/18/2011 |
| Q: I am currently on a L2 visa and I have an EAD due to which I am currently working as a permanent ... A: The I-539 receipt notice already submitted with the EAD application should be adequate for EAD ... | |
| H1 and F1 related | 2/18/2011 |
| Q: My name is Preeti and my husband is on H1B in USA working for a consulting firm. His company has ... A: The USCIS will not grant your husband change of status as F visa status is not compatible with ... | |
| F2 To H1B : US Visa Change Process | 2/17/2011 |
| Q: My wife is currently on a dependent US visa (F2), and she just got a job offer from a non-profit ... A: Your wife is dependent upon her employer filing an H1B petition with the USCIS. If the organization ... | |
| H4 to H1B | 2/17/2011 |
| Q: If an individual came to the US on an H4 visa. Can an individual change from H4 visa to H1B visa? ... A: There is no problem in changing from H4 to H1B within the U.S. We recommend waiting at least 30 to ... | |
| Chronic & disabling health issues and family sponsorship | 2/16/2011 |
| Q: I am a single, middle aged woman suffering chronic medical issues which of late have become ... A: The answer (a very lengthy processing time in the 4th family preference category) is the same ... | |
| H1B Extension -RFE- Can I transfer H1B | 2/16/2011 |
| Q: My H1B I-94 expired Sept-2010. Extension was applied in July 2010. Project ended Dec-2010. I ... A: Yes, another company can file H1B petition for you while your RFE response is pending with the ... | |
| Blanket L1 - A kept pending | 2/16/2011 |
| Q: I attended interview for L1-A stamping on 2nd Feb 2011. My petition wsa filed under Blanket ... A: It appears that you will not truly a manager or executive in the U.S., and client placement in the ... | |
| Chronic & disabling health issues and family sponsorship | 2/16/2011 |
| Q: I am a single, middle aged woman suffering chronic medical issues which of late have become ... A: Unfortunately, there is no hardship exception to family sponsorship in the 4th family preference ... | |
| Real Estate - Employment Law | 2/14/2011 |
| Q: We are a Canadian Real Estate Company and we have a U.S. affiliate - which is an entire separate ... A: As Canadian citizens, entry can be made without a visa: ... | |
| Marriage during OPT ( application of GC) | 2/14/2011 |
| Q: I am currently on OPT. My OPT expires on 9/20/2011. I am an Indian citizen. I am planning to marry ... A: Your parents can sign an affidavit and it should be notarized (signed in front of a notary public). ... | |
| Marriage during OPT ( application of GC) | 2/14/2011 |
| Q: I am currently on OPT. My OPT expires on 9/20/2011. I am an Indian citizen. I am planning to marry ... A: Yes, you can continue working on OPT until you are issued EAD based on marriage sponsorship, and ... | |
| Marriage during OPT ( application of GC) | 2/14/2011 |
| Q: I am currently on OPT. My OPT expires on 9/20/2011. I am an Indian citizen. I am planning to marry ... A: After marriage to a U.S. citizen, you can be sponsored anytime: www.h1b1.com/Uscitizen.htm You will ... | |
| H1B along with F2 - Some Questions | 2/13/2011 |
| Q: I am a PhD student on F1 visa and my wife has a dependent F2 visa (valid till 2013) and has visited ... A: Since her F2 was not canceled by the Consulate, she can enter on F2 visa status by showing F2 visa ... | |
| L2 visa holder travel | 2/12/2011 |
| Q: Can L2 visa holder travel to US alone for first time while L1 is already in US? What are the ... A: Yes, you can travel alone on unexpired L2 visa stamp in your passport to join your L1 spouse. ... | |
| termination while on O-1 visa | 2/11/2011 |
| Q: I've been on O-1 visa (extraordinary ability in the sciences) for a short 6 months but will have my ... A: Yes, you can reuse copy of the same experience letters, esp. as the USCIS does not require original ... | |
| H 4 visa | 2/11/2011 |
| Q: I have been employed in US since last 2 years. (H1 visa). I came to India and got maried in Dec. ... A: No, he is not required to carry copy of the receipt, but it does not hurt to carry evidence that you ... | |
| H 4 visa | 2/11/2011 |
| Q: I have been employed in US since last 2 years. (H1 visa). I came to India and got maried in Dec. ... A: Yes, your husband can enter on existing H4 visa stamp as you are maintaining H1B status even though ... | |
| H1B while overseas | 2/11/2011 |
| Q: I current work for a company in the US on a H1B visa. This visa expires in Nov 2012 (can be extended ... A: You can come back to the U.S. on existing H1B visa if the purpose of your entry will be to work in ... | |
| visa waiver program | 2/10/2011 |
| Q: Kevin A: Entry on visa waiver program does not allow for extension of status or change of status within the ... | |
| Re-entering the US as a permanent resident | 2/10/2011 |
| Q: Me and my fiance are currently going through the fiance visa process and I was wondering whether ... A: After the wedding, performed no more than 90 days after entry to the U.S. on fiance visa, the ... | |
| F1 to GC | 2/9/2011 |
| Q: I am a student on F1 visa. I will be graduating this may. I have a full time offer from a company. ... A: As F1 visa status does not allow for intention to immigrate to the U.S., the recommended course of ... | |
| H1B visa processing and travel | 2/9/2011 |
| Q: While in U.S, if a H1-B is filed for me can I visit India during the time it is getting processed? A: If you travel outside the U.S. while H1B petition is being adjudicated by the USCIS, the petition is ... | |
| Can re-enter on same I-94 (L1B) | 2/8/2011 |
| Q: I am Canadian and have L1B Visa(got in 2009) to US from MNC company and my L1B is valid till Jan ... A: As a Canadian citizen, you should be able to enter the U.S. by showing either L1B approval notice ... | |
| L1B Visa not refused & kept pending under 221(g) | 2/8/2011 |
| Q: My employer had applied for L1 visa under blanket petition and subsequently i appeared for Visa ... A: I stand by my earlier assessment, but there is no harm in the company filing L1 individual petition. ... | |
| L1 to H1B post visa cap over situation | 2/6/2011 |
| Q: I have an interesting scenario post the date of visa filing for 2010. I am employed with company A ... A: The straightforward option you have described in your email is best. Even if Co. B files H1B ... | |
| I-130 Status Change; Visa Date Retrogression | 2/6/2011 |
| Q: I filed I-130 petition for my son in Nov, 2005. At the time my son was under 21 years old and was ... A: Your son still has to attend the scheduled interview irrespective of whether the priority date is ... | |
| Converting visit visa to student visa | 2/5/2011 |
| Q: My brother (36yr) has a 10 yr multiple entry B1/B2 visa and has visited 3 times in the past. Now he ... A: As a practical matter, it is difficult to successfully change from visitor to F1 student status ... | |
| Family sponsor file status | 2/4/2011 |
| Q: which year file is running for family based immigrant visa A: This depends on your country of chargeability as well as the family preference category and priority ... | |
| Naturalization | 2/3/2011 |
| Q: First let me thank you for taking the time to review my inquiry. My green card expires this March ... A: Unfortunately, you must renew your green card even if the naturalization application is filed prior ... | |
| US tourist visa or H4 visa for wife | 2/3/2011 |
| Q: I currently work in US under H1B visa. My visa is getting expired in April. I got married in last ... A: There is no H4 application to be filed with the USCIS as your wife is not currently in the U.S. She ... | |
| COS and H1B visa cap quota | 2/1/2011 |
| Q: I am planning to apply for H1, currently i am on L1. a company who is willing to sponsor h1 ... A: The H1B visa cap for fiscal year 2011 has been reached. Thus, the earliest that the H1B petition can ... | |
| F1 VISA....SPONSERSHIP ISSUES | 1/31/2011 |
| Q: My uncle is an US citizen for the last 25yrs,so if he sponsers me for my education,will it affect my ... A: As issuance of B2 visa stamp by the Consulate also requires showing nonimmigrant intent, the odds of ... | |
| F1 VISA....SPONSERSHIP ISSUES | 1/30/2011 |
| Q: My uncle is an US citizen for the last 25yrs,so if he sponsers me for my education,will it affect my ... A: Your uncle can support your F1 visa application at the Consulate by completing affidavit of support. ... | |
| US visa for foreign friend | 1/30/2011 |
| Q: I have a question for which I can find no information. I am a male US citizen by birth. I am retired ... A: Your friend will need to apply for a B2 visitor visa directly at a U.S. Consulate in Malaysia. You ... | |
| work permit renewal | 1/30/2011 |
| Q: my name is dipak ive got my work permit through labor certification, i had put my work permit in ... A: File a new EAD (employment authorization application) with the USCIS. However, unless you have ... | |
| I-485 and H1B/H4 | 1/28/2011 |
| Q: I am currently on H1B status, my wife and daughter on H4 and my son is a US citizen. Our I-485 is ... A: All I-485's will still be approved if the new employer is offering you permanent, full-time ... | |
| I-130/I-485/I-94 for parents | 1/28/2011 |
| Q: I am a US citizen and submitted I-130 for my parents. They are here in the US right now but their ... A: Yes, as parents of U.S. citizens are considered immediate relatives, I-485 can be filed concurrently ... | |
| L1 Visa Rejection , Can get L2 Visa if spouse has L1. | 1/28/2011 |
| Q: My husband and myself are working in the same company .our company is applied for L1 visa for both ... A: Your husband can apply for L2 visa stamp based on issuance of L1 visa to you. The L2 visa stamp only ... | |
| F1 to H4 to H1 (requesting consular notification) | 1/28/2011 |
| Q: Firstly, I want to know what "requesting consular notification" means. Secondly, I am in India right ... A: If the H1B petition was received by the USCIS on Jan. 25, it is within the visa cap. If it was ... | |
| DS 2019 FORM | 1/28/2011 |
| Q: Im in USA on a B1/B2 Visa. If I get a job offer with J1 Visa sponsorship, can I work on DS2019 form ... A: You need J1 status to work, as issuance of Form DS-2019 by the sponsor is insufficient. Thus, the ... | |
| employer wanting to hire applicant | 1/27/2011 |
| Q: I would like to hire a person that has received his I-765, Application for Employment Authorization ... A: To legally employ this person, he or she should have actual possession of the EAD (employment ... | |
| L1 to H1B | 1/27/2011 |
| Q: I came to US in 2006 on L1A through employer A. I got my H1B done in 2007 through employer B. I ... A: As you had H1B approval within the past six years, even if you did not technically hold H1B status, ... | |
| F-1 employment regulation | 1/27/2011 |
| Q: My husband is an American citizen and he is applying for my green card. We need to include my income ... A: F1 student status allows for on-campus employment 20 hours per week. You should speak with the DSO ... | |
| Marriage--Witness as Magistrate's Staff members | 1/26/2011 |
| Q: I and my fiancee are planning to get married in court (civil marriage) but we dont have anyone to ... A: It is OK to have any witness, as the issuance of marriage certificates indicates a valid marriage. ... | |
| H1-B married to US Citizen | 1/24/2011 |
| Q: I have been in USA on H1-B, I just switched my job and waiting for H1-B Transfer approval. I and my ... A: It is easiest for a bride to change name at time of marriage. Then all sponsorship paperwork will be ... | |
| F2 to H1B | 1/24/2011 |
| Q: I am a Ph.D. student and will be graduating soon. My wife came to US on F2. She wants to work and we ... A: H1B petition filing requires the support of an employer in the U.S. Probability of success depends ... | |
| adjustment of status student visa | 1/24/2011 |
| Q: my son studies in USA and got bachelor mech engineering and is studying MBA at the moment. He has ... A: In order to obtain permanent resident status in the U.S., normally your son must be sponsored by a ... | |
| Regaining green card | 1/24/2011 |
| Q: I voluntarily abandoned my permanent residence card/green card a few years back, as I was living ... A: Your son can live in the U.S. anytime without any restrictions, but he can sponsor you only when he ... | |
| F1 inquiry | 1/24/2011 |
| Q: I have done my Maters in USA and graduated in 2009 with 3.75 GPA and returned back to my Home ... A: Since your intention at time of entry to the U.S. will not be studies with the university that you ... | |
| Opening a business on O-1 | 1/23/2011 |
| Q: I'm a composer on O-1 visa, I work for the media company that sponsors my status, I was wondering if ... A: O-1 visa status is employer specific. Thus, you can be legally employed only by your O-1 employer. ... | |
| H1-H4-H1 | 1/21/2011 |
| Q: My H1-B Approved in Oct 2007. I was on bench for 9 months and after that I found project and worked ... A: The USCIS will not expect you to submit your pay stubs to change status from H4 to H1B even though ... | |
| US Citizen sponsoring parents currently on EAD | 1/21/2011 |
| Q: Arora, Let me first thank you for taking the time to answer my question. I'm a permanent resident, ... A: Once you are a U.S. citizen, you can sponsor your parents: www.h1b1.com/sponsor.htm As they are ... | |
| H1-B married to US Citizen | 1/21/2011 |
| Q: I have been in USA on H1-B, I just switched my job and waiting for H1-B Transfer approval. I and my ... A: You can be legally married in any state, and it makes no difference regarding sponsorship, and in ... | |
| i-864 | 1/21/2011 |
| Q: My Company recently filed for my H1B and it got approved. I just got married with my fiance who is a ... A: Your wife should accurately complete the I-864 including actual current residence for you and your ... | |
| Tourist Visa and Pregnant | 1/20/2011 |
| Q: I am on a tourist visa in the US. I found out that I am pregnant. Can I give birth here in the US? ... A: When you give birth in the U.S., your child will automatically be a U.S. citizen. His or her birth ... | |
| L1 to H1B Tricky situation. | 1/20/2011 |
| Q: I am currently on L1 in US for company A and supposed to go back in March/April 2010. I am talking ... A: If H1B is filed before the cap is reached, you can continue to remain legally in the U.S. However, ... | |
| L1 to H1 transfer | 1/20/2011 |
| Q: Currently I am working on L1 in US. My current employer is paying me per diem and also complete ... A: There are two choices to work for the H1B employer: Either the H1B employer file I-129 again with ... | |
| L1 to H1B Tricky situation. | 1/20/2011 |
| Q: I am currently on L1 in US for company A and supposed to go back in March/April 2010. I am talking ... A: Whether H1B petition is accepted within the visa cap depends on date of filing, not on date of ... | |
| Wrong end date on H4 approval | 1/20/2011 |
| Q: 1. Changed from F1 to H1B in 2008 - end date 5/31/2011. 2. Filed I-539 for wife and kids for COS ... A: Based on our experience, the USCIS will issue same end date for all applicants on the I-539. I hope ... | |
| K1 visa and Dominican divorce | 1/20/2011 |
| Q: I am an unmarried U.S. citizen and my fiance who is an Indian citizen just got his divorce from his ... A: I am assuming that your fiance's former wife is a Dominican citizen, or else resides in the ... | |
| L1A and I-140 and I-485 | 1/19/2011 |
| Q: I am on L1A and have not enetered the US yet. What is a better option - 1) Filing the I-140 now ... A: Premium processing is not available for I-140 in the EB1 multinational executive or manager ... | |
| OPT | 1/19/2011 |
| Q: can I start my green card process from OPT w/o going through H1b? I am STEM and will be getting my ... A: As OPT is part of F1 student status, and as this status does not allow for intention to immigrate to ... | |
| H1b Tricky Situation | 1/19/2011 |
| Q: Greetings, I graduate on May 7th (getting my PhD in Engineering) and I am on F1 visa. I got an ... A: The regular cap applies when the master's is reached; the regular cap is open at this time. It ... | |
| H1b Tricky Situation | 1/18/2011 |
| Q: Greetings, I graduate on May 7th (getting my PhD in Engineering) and I am on F1 visa. I got an ... A: An H1B petition can be filed by your employer requesting change of status from F1 to H1B. You are ... | |
| Change of Passport | 1/18/2011 |
| Q: My L1A petition is currently in process and I recently got married. If I change my passport to ... A: Marriage will have no impact on your L1A petition. If you obtain a new passport prior to applying ... | |
| L2 visa reinterview | 1/17/2011 |
| Q: My wife and I both work for the same organization. Our company applied for an L1 visa for me and an ... A: The U.S. Consulate should have issued your wife a list of any documentation that she should carry ... | |
| H1B petition denial; filing L1A blanket | 1/16/2011 |
| Q: My H1B petition was denied by the USCIS. Not visa stamping. I am yet to receive reason for the ... A: It is important in L1A cases that the U.S. company filing L1A petition clearly state and provide ... | |
| H1B extension and green card. | 1/16/2011 |
| Q: My H1B expire on 01/11/2012 and my family's H4 expire on 09/26/2011, which is earlier than mine. I ... A: Your family should file H4 extension prior to 09/26/11. I recommend that your family file the H4 ... | |
| H1B to L2 transfer | 1/15/2011 |
| Q: I am currently on L1A and my wife is on H1B but in a different location. We are currently looking ... A: If application to change status to L2 is filed with the USCIS, your wife will automatically be in L2 ... | |
| Student Visa | 1/15/2011 |
| Q: "My Sb1 visas was denied by US Embassy in Paris they took my Green card away. Can I applyied for ... A: Yes, you can apply for F1 visa stamp at the U.S. Consulate once you are admitted to university or ... | |
| Incorrect date of birth in passport | 1/13/2011 |
| Q: My husband got I 140 approved and we have to now file I 485. However my date of birth in passport is ... A: As the state department visa bulletin is published monthly, and there can be retrogression of visa ... | |
| H4 to L1 conversion | 1/13/2011 |
| Q: I have recently got married and have both valid H-4 and L-1 on my passport. I entered US in December ... A: Yes, you can go to Canada or Mexico or other country and when entering the U.S. please sure to ... | |
| L1 to H1B | 1/13/2011 |
| Q: I am currently on L1 visa which is valid till 2012. My company have applied for my H1 which is ... A: Yes, if your H1B approval notice granting change of status takes effect in the future, and you plan ... | |
| H1B transfer without starting first job and COS to H4 | 1/12/2011 |
| Q: My wife got a job but she wants to find a new job near my work. Her H1B got approved and got visa ... A: The application to change status to H4 should be filed prior to Feb. 27, 2011, as the I-94 ... | |
| H1B Transfer | 1/12/2011 |
| Q: Ajay K. Arora, I am currently working for Company A on an H1B visa. I have been offered a position ... A: It has been received by the USCIS, but it does not necessarily mean that it has been "filed". For ... | |
| H4 to H1 conversion | 1/12/2011 |
| Q: I am an employee of an Indian MNC company and would be travelling soon with my husband to US on a H4 ... A: An H1B petition can be filed by your employer requesting change of status from H4 to H1B. When ... | |
| H1B petition denial; filing L1A blanket | 1/12/2011 |
| Q: My H1B petition was denied by the USCIS. Not visa stamping. I am yet to receive reason for the ... A: The H1B denial by the USCIS should not negatively impact L1A approval by the USCIS as each petition ... | |
| L1A | 1/12/2011 |
| Q: 1) My L1A petition was approved and I went for visa stamping to Chennai. The officer said all ... A: It is quite common for the Consulate to request additional documents prior to issuing the L1A visa ... | |
| H1B petition Transfer | 1/12/2011 |
| Q: My previous employer filed an H1b petition for me and it got approved , I have I797 with me but date ... A: Your employer, or an attorney who has the authorization of the employer, must notify the USCIS to ... | |
| L2 to L1B - physically return to home country for stamp? | 1/12/2011 |
| Q: I had an L2 Visa stamp in my passport from the UK on the back of my wife's L1 Visa about a year ago. ... A: You do not require L1B visa stamp in passport if you continue to remain in the U.S. and were granted ... | |
| L1B to Greencard | 1/11/2011 |
| Q: My husband's currently on L1B visa with a company which is ready to file his Greencard. My husband ... A: Your husband will not be able to extend L1B status beyond an aggregate of 5 years even if the green ... | |
| Moving to the USA as spouse of U.S. citizen | 1/10/2011 |
| Q: , I'm married to a U.S. citizen and we currently live in the UK. I'm aware that in order to move to ... A: Your wife will I-130 petition with the U.S. Consulate in London since she is currently residing in ... | |
| us immigration | 1/7/2011 |
| Q: i am a bangladeshi citizen and my brother would like to petitioned me,how long does it take to ... A: Your U.S. citizen brother would file an immigrant petition for you with the USCIS in the 4th family ... | |
| Changing Visa Status to F1 | 1/6/2011 |
| Q: I am presently on H4 visa and am a Masters student with a partial tuition waiver.I want to change my ... A: Yes, if the application to change status to F1 is denied, you will continue to maintain H4 status. ... | |
| H1B Transfer | 1/5/2011 |
| Q: Ajay K. Arora, I am currently working for Company A on an H1B visa. I have been offered a position ... A: If Co. B filed its H1B petition prior to termination of your employment by Co. A, you can take ... | |
| Maintain F-2 Status | 1/4/2011 |
| Q: My daughter and I got a F-2 visa in August 2010 last year while my wife received F-1. I traveled ... A: I assume that your wife is already present in the U.S. studying full-time. Your wife is not ... | |
| Maintain F-2 Status | 1/4/2011 |
| Q: My daughter and I got a F-2 visa in August 2010 last year while my wife received F-1. I traveled ... A: As long as the principal F1 beneficiary (in this case your wife) is a full-time student and ... | |
| sibling sponsorship | 1/4/2011 |
| Q: I am a US citizen and have filed for immigration for my adult unmarried brother. My parents have ... A: Your sponsorship is in the 4th family preference category (F4). If a parent sponsors as a green card ... | |
| Marrying someone under the visa waiver program | 1/3/2011 |
| Q: My fiance is from England and she entered the US on a Visa Waiver but overstayed. I am in the Army ... A: Since she entered the U.S. legally, even if she subsequently overstayed, and even if she entered on ... | |
| H4 to F1 with husband in I- 140 | 1/3/2011 |
| Q: I am presently on H4 visa and am a Masters student with a partial tuition waiver.I want to change my ... A: You have an intention to immigrate to the U.S., and thus there is a possibility that the USCIS will ... | |
| L1 ext. and H1B filing simultaneously | 12/30/2010 |
| Q: My L1B visa (and I-94) validity is till June 29, 2010. My current employer is going to process L1 ... A: I believe in your email that you intended to state that your L1 is expiring June 29, 2011 (not ... | |
| H1B + Spouse + i-765 + Travel | 12/30/2010 |
| Q: My Company recently filed for my H1B and it got approved. I just got married with my fiance who is a ... A: You have listed all forms that you and your wife will file in the earlier email. There are no other ... | |
| H1B + Spouse + i-765 + Travel | 12/30/2010 |
| Q: My Company recently filed for my H1B and it got approved. I just got married with my fiance who is a ... A: You are not required to file I-765, as EAD is not required for employment if you continue to be ... | |
| business on J1 visa | 12/29/2010 |
| Q: I am on J1 visa and working/will continue to work for a university. I would like to parallel start ... A: J1 visa status is employer specific, and thus you can be employed only by the university. In ... | |
| Income bracket to sponsor an alien | 12/28/2010 |
| Q: regarding the amount of income a petitioner needs to make in order to be eligible to sponsor an ... A: In our experience, the latest (current) tax return and W2 is what will be evaluated, and thus it is ... | |
| Visting my boyfriend on my B1/B2 visa | 12/26/2010 |
| Q: I am mexican and live in Mexico. I am in a fairly new relationship with an american guy. I have a 10 ... A: In general, it is better to have short trips into the U.S. Longer trips and too much time spent in ... | |
| marriage on H1B | 12/26/2010 |
| Q: I have an h1b with my current employer and an I-140 from a previous employer. My current employer is ... A: As long as you are married by the time your priority date is current, your spouse will be able to ... | |
| Is my case closed for good? | 12/26/2010 |
| Q: some years ago 12 to be exact my parents petitioned me and my brother for a green card I was 15 at ... A: Unfortunately, due to the denial of an immigrant visa by the U.S. Consulate there is no benefit ... | |
| Lost naturalization cert. | 12/24/2010 |
| Q: My wife moved from Canada to the US in the early 70's. This was before we were married. She says she ... A: Your wife should file Form N565 for replacement naturalization certificate with the USCIS if ... | |
| F1 visa and traveling | 12/24/2010 |
| Q: Hey... I'm an international student in U.S from India. I came here in AuG 2008 and have never ... A: As long as you have maintained your student status by being a full-time student, and as long as you ... | |
| H1B transfer without starting first job | 12/23/2010 |
| Q: My wife got a job but she wants to find a new job near my work. Her H1B got approved and got visa ... A: Your wife should not enter on H1B visa stamp (assuming that she applies for and receives H1B visa ... | |
| L1 to H1 conversion | 12/22/2010 |
| Q: my husband has recently got his L1 stamped thru complany A which is now valid for three years and we ... A: My recommendation is to enter the U.S. and for your husband to start working for the L1 employer. ... | |
| Sponsering Parents visa | 12/20/2010 |
| Q: I want to sponsor visitor's visa for my parents. Me and my wife both are working in USA(on L1 Visa). ... A: You can fill out one I-134 for your parents, and your wife can fill out another I-134 independently. ... | |
| EAD (L2) to H4 status | 12/20/2010 |
| Q: I am currently working on L1 and my wife working on L2 (EAD). Her EAD (My L1 and her L2), all the ... A: Your wife can work for H1B employer only upon approval of H1B petition by USCIS granting her change ... | |
| Visa for son of ill Vietnam war veteran | 12/19/2010 |
| Q: My father, who is an American citizen, served in the U.S Air force for 8 years and did a tour of ... A: Unfortunately, you will have to wait for the priority date to be current in the F1 family preference ... | |
| canadian citizen petitioned by us citizen sister | 12/19/2010 |
| Q: im a canadian citizen and my sister would like to petitioned me,how long does it take to process my ... A: Your sister will file an immigrant petition for you in the 4th family preference category: ... | |
| L1-B : First Name Issue | 12/16/2010 |
| Q: My self Mohit Agrawal from India. Passport : First Name Middle Name Last Name MOHIT ... A: It will not be a problem, since the other information on the documents (such as date of birth, or ... | |
| EAD (L2) to H4 status | 12/16/2010 |
| Q: I am currently working on L1 and my wife working on L2 (EAD). Her EAD (My L1 and her L2), all the ... A: Your H1B has surely been approved as well, since the USCIS would not have granted H4 status to your ... | |
| lost EAD card | 12/16/2010 |
| Q: I am on J-2 visa now and want to apply for work authorization, while filling the (i-765) form there ... A: The new I-765 application should still be approved and you should be issued new EAD. Add any ... | |
| L1B Blanket rejected, will filing L1B individual Help? | 12/14/2010 |
| Q: I recently appeared for a L1B Blanket visa at the US consulate & the visa was denied stating "Not ... A: The likely reason for visa refusal is not being able to establish specialized knowledge beyond that ... | |
| L1B Blanket rejected, will filing L1B individual Help? | 12/14/2010 |
| Q: I recently appeared for a L1B Blanket visa at the US consulate & the visa was denied stating "Not ... A: An L1 individual will not help. If you have the equivalent of a four-year U.S. bachelor's degree, ... | |
| SSN for L2 visa holders | 12/13/2010 |
| Q: Can L2 visa holders apply for SSN without EAD? If yes, are L2 visa holders with SSN and without EAD ... A: You should apply for EAD, and once it is obtained you can go to the local social security office and ... | |
| Marriage to U.S. citizen | 12/13/2010 |
| Q: Sir, My daughter is Indian, she wants to marry an US citizen.. Please let me know what kind of visa ... A: I am assuming that your daughter is currently in India. If your daughter is engaged to a U.S. ... | |
| L1 to H1 COS | 12/12/2010 |
| Q: I am on L1 with company A which is getting expired on 1st Feb 2011. Company B has filed my L1 to H1 ... A: You cannot be legally employed by Co. B until H1B petition is approved by the USCIS granting you ... | |
| US work visa for employee of an NGO | 12/10/2010 |
| Q: I am a Canadian citizen who has accepted an associate director position with a US non-profit ... A: H1B is the best option, as TN is only for very limited set of occupations. If you are offered ... | |
| I 130 approved and priority date current | 12/10/2010 |
| Q: My priority date is July 22nd 2010. I received the approval notice on Nov 30 2010. I would like to ... A: Your priority date in the F2A category is current for the month of December. Additional information ... | |
| H1B violation of status and diversity visa lottery | 12/10/2010 |
| Q: I had a F-1 visa and working as a teaching assistant in the university. A company offered me a job, ... A: There has been violation of status, and thus adjustment of status is not possible. However, you can ... | |
| Visa waiver extension | 12/9/2010 |
| Q: I am a US citizen living in NY and I met my boyfriend while traveling in Belgium. He is now with me ... A: It appears that entry was made on the visa waiver program. If so, extension of stay is not possible ... | |
| H1B Transfer Query | 12/9/2010 |
| Q: Ajay, First of all, you are doing a wonderful job. I am in midst of an H1-B transfer. I left my ... A: There is only a 10-day grace period starting the date that employment was terminated. Outside this ... | |
| Visitor visa | 12/9/2010 |
| Q: i have been in a relationship with my boyfriend who is an american citizen and based in detroit ... A: You should contact the nearest U.S. Consulate and apply for B2 visa stamp to enter the U.S. Entry on ... | |
| H1B Transfer Query | 12/9/2010 |
| Q: Ajay, First of all, you are doing a wonderful job. I am in midst of an H1-B transfer. I left my ... A: As you are within the 10-day grace period applicable to H1B visa status, when the USCIS approves the ... | |
| L2 to H1B visa | 12/8/2010 |
| Q: I am on L2 spouse visa. I came to US on oct 7 2010 and my EAD was filed on oct 28. My husband's L1 ... A: You will no longer hold L2 status, and your EAD will be invalid, when your spouse's H1B petition is ... | |
| Moms' Green Card - I 824 or I 485 | 12/8/2010 |
| Q: I applied for green card for my mom when she was here. Her I 130 got approved as soon as she left to ... A: I assume that your mother has an unexpired visitor visa to enter the U.S. She should not enter on ... | |
| adjustment of status for my wife | 12/7/2010 |
| Q: my wife and i have been married for two years and I am eligible to apply for citizenship as of ... A: An immigrant petition (also known as I-130 petition) should be filed for your wife if you have not ... | |
| For L2 visa is NOC/Leave letter required from Current Employer for L2 visa processing | 12/6/2010 |
| Q: My wife got a L1-B visa and has traveled to US last month.I work for a US company and hold a B1 ... A: Employment is authorized in L2 visa status only when you also have EAD (employment authorization ... | |
| Married on a F1 visa | 12/5/2010 |
| Q: I'm a F1 visa holder doing a 4 year long BA (am now only on my first year), and me and my boyfriend ... A: I mean sponsorship as in your spouse will file paperwork with the USCIS allowing you to become a ... | |
| No A# on the I-140 Receipt | 12/3/2010 |
| Q: My I-140 receipt notice does not have a A#. Should my employer contact the USCIS? Thank you! ... A: I may have misinterpreted your question earlier. I misunderstood your question to be that there are ... | |
| H-1B ranking and grades | 12/1/2010 |
| Q: I was wondering if having average grades and ranking would lead to a denial from USCIS for the H-1B ... A: H1B requires only completion of the equivalent of a four-year U.S. bachelor's degree. There is no ... | |
| Married on a F1 visa | 12/1/2010 |
| Q: I'm a F1 visa holder doing a 4 year long BA (am now only on my first year), and me and my boyfriend ... A: There is no problem in getting legally married, but if you marry either a U.S. citizen or permanent ... | |
| L1 and L2 visa together? | 11/30/2010 |
| Q: My husband is currently in US on L1-B visa which ends on Dec 15 , 2010. But he has a valid I-94 with ... A: As you can hold only one status at a time in the U.S., you will no longer hold L1B visa status when ... | |
| Additional travel documents along with my Green Card? | 11/27/2010 |
| Q: I am Indian Citizen with an Indian Passport. In the past few years I have received the Green card ... A: You need only your green card and passport, and there is no problem if you passport has an H1B ... | |
| marrying a US citizen | 11/25/2010 |
| Q: as a canadian if I were to marry an american what would the immigration process be like if I were to ... A: Upon marriage, your U.S. citizen spouse would file an immigrant petition for you, and after several ... | |
| permanent resident and reentry permit | 11/25/2010 |
| Q: I'm really confuse. I'm a permanent resident. I was told i was not allowed to be outside the USA for ... A: As the time outside has been one year or more without reentry permit, you will be considered to have ... | |
| dual intention on L1 visa | 11/24/2010 |
| Q: I have L1 visa status in USA, as I know this kind of visa assumes dual intention. Who and how can ... A: Please talk to your L1 employer about filing an I-140 immigrant petition for you. See ... | |
| F3 family preference category | 11/24/2010 |
| Q: sir, my parents have u.s citizen. they have applied i-130 visa for me in june 2007. iam married and ... A: The family preference category is F3 as married child of U.S. citizen. At this time as per the State ... | |
| H1-H4-H1 | 11/24/2010 |
| Q: I was on H1-B Visa working with company A. My employment ended on Sep 30. Few days before ... A: If you are granted change of status from H4 to H1B (so that the H1B approval notice has a new I-94 ... | |
| H1-H4-H1 | 11/24/2010 |
| Q: I was on H1-B Visa working with company A. My employment ended on Sep 30. Few days before ... A: You cannot be employed by Co. B until H1B petition filed by Co. B is approved granting you change of ... | |
| L1 to H1 Transfer | 11/23/2010 |
| Q: I came in US 6 months back on L1. I got an employer who filed H1 for me and during Transition of L1 ... A: It would have been OK to remain legally in the U.S. if the H1B petition requesting change of status ... | |
| Traveling Overseas while LPR | 11/23/2010 |
| Q: I hope this email will find you in great health and spirit. I like to ask you about citizenship and ... A: Since you appear to have a valid reason for staying abroad between six months and one year, the ... | |
| B2/B1 to H4 status | 11/22/2010 |
| Q: I am currently in US for the past 3 months on B1/B2 visa. Due to some unforeseen circumstances my ... A: Allow about 3 months for the change of status to be approved. However, you can remain legally in the ... | |
| B2/B1 to H4 status | 11/22/2010 |
| Q: I am currently in US for the past 3 months on B1/B2 visa. Due to some unforeseen circumstances my ... A: You can change status from B1/B2 to H4 without any problem as your spouse is maintaining his H1B ... | |
| I-130 | 11/22/2010 |
| Q: I have two questions: 1. I got 130I approved, and F2B is in process. How long will it take for me ... A: How long it takes for a GC in the F2B category is based on the priority date (when the I-130 ... | |
| H4 Visa for Step Daughter | 11/22/2010 |
| Q: I have my H1B approved and intend to go for stamping soon. i would like to clarify what documents ... A: There will be no problem with your step-daughter being issued an H4 visa at the U.S. Consulate in ... | |
| L1 visa and extension of status | 11/20/2010 |
| Q: L1 Visa extension. Hi Ajay, I have an L1 Visa that expires the 19 January 2011. Last year I was ... A: It is OK for you to enter the U.S. prior to Jan. 19, 2011 and you can continue to remain legally in ... | |
| L1 visa and extension of status | 11/19/2010 |
| Q: L1 Visa extension. Hi Ajay, I have an L1 Visa that expires the 19 January 2011. Last year I was ... A: After coming back to the U.S. on 4th January, please have your employer file an L1 petition with the ... | |
| I-130 Status Change | 11/19/2010 |
| Q: I filed I-130 petition for my son in Nov, 2005. At the time my son was under 21 years old and was ... A: As your son is now automatically in the family first preference category (F1), if the priority date ... | |
| 245i | 11/19/2010 |
| Q: I am a U.S. citizen, and the guy I want to marry has 245(i) approved.His father applied for it and ... A: Yes, since your fiance is grandfathered under sec. 245(i), if you marry each other than you can ... | |
| L1B rejection and options | 11/18/2010 |
| Q: My L1B got rejected with this reason- "Your blanket L-1 is not clearly approvable under section 8 ... A: Due to visa cap issues (nobody can predict when the visa cap will be reached) please have your ... | |
| F2 Visa Transfer to H1B | 11/18/2010 |
| Q: I am a PhD student on F1 visa and my wife has a F2 visa. He has visited USA once, but currently is ... A: When the Consulate issues your wife H1B visa stamp, they will generally cancel the existing F2 visa ... | |
| L2 TO H1B WITHOUT EAD | 11/18/2010 |
| Q: I wanted to know if I can still apply for H1B from L2 visa. I have no work permit and have not ... A: You cannot revoke or withdraw the H1B petition...only the company which filed the H1B petition can ... | |
| F1 and PERM and H4 | 11/18/2010 |
| Q: I am currently on my OPT. My husband is in H1B and his company filed for his PERM on Oct 2010.Is ... A: It is OK for you to continue on F1 status at this time. However, when PERM is certified and your ... | |
| 1-751 interview without spouse | 11/17/2010 |
| Q: "I came into the us with a finance visa got married within 30day and was given a conditional green ... A: You should go to the interview, as otherwise the I-751 (petition to remove the conditions on ... | |
| L1B rejection and options | 11/16/2010 |
| Q: My L1B got rejected with this reason- "Your blanket L-1 is not clearly approvable under section 8 ... A: Your employer will file H1B petition with the USCIS requesting change of status from B1 to H1B. ... | |
| L1 Visa holder marrying US citizen | 11/16/2010 |
| Q: Good morning ajay, i am a L1 Blanket Visa holder with Valid Visa till Jan 2013. I am here for my ... A: After marriage, you can be sponsored by your U.S. citizen spouse and receive resident status ("Green ... | |
| applied for gc ...been waiting | 11/16/2010 |
| Q: I applied for (for petition & adjustment- I 130 & I485) and went for an interview September of ... A: As you responded to the NOID on a timely basis, your case should be OK, but it is a good idea both ... | |
| H1B | 11/16/2010 |
| Q: I’m L1B visa and my spouse is in L2-EAD and we both are currently working for 2 IT companies in NYC. ... A: When the H1B petition is approved granting you change of status to H1B, then your spouse will no ... | |
| H1B TO L2 | 11/15/2010 |
| Q: I have recently got my H1B [from L2] for 6 months. I have to travel to my home country in feb. 1. My ... A: If your H1B petition is approved granting you change of status, then you are already in H1B status, ... | |
| Spouse not applying for GC | 11/15/2010 |
| Q: You said you didn't understand the question. My question was- what will be the problems in the ... A: It appears that you are sponsored by either a U.S. citizen parent or sibling, and are covered under ... | |
| Permanent leave with green card | 11/15/2010 |
| Q: I am a Hungarian citizen. I have lived in the US for 10 years and received my permanent green card ... A: It appears that your rentry permit has expired, and it also appears as well that you are not ... | |
| L1B rejection and options | 11/14/2010 |
| Q: My L1B got rejected with this reason- "Your blanket L-1 is not clearly approvable under section 8 ... A: H1B can be filed immediately by your employer with the USCIS. Upon approval of the H1B petition, you ... | |
| B1/B2 visa and marriage to USC | 11/13/2010 |
| Q: my son in law (as of Aug.2010) is in us from Jam on a B1/B2 visa due to expire in Feb 2011. He is ... A: If the I-130 along with I-485 (adjustment of status application) are filed concurrently, your son in ... | |
| Spouse not applying for GC | 11/13/2010 |
| Q: You said you didn't understand the question. My question was- what will be the problems in the ... A: If your spouse is the principal beneficiary of an approved immigrant petition (such as I-130 or ... | |
| Petition to remove conditional green card | 11/13/2010 |
| Q: I am a us citizen and my husband got to the states in 2008 with the conditional green card. We ... A: As a failure to respond to a RFE (request for evidence) based on your explanation is not a defense, ... | |
| F1 student - work | 11/12/2010 |
| Q: my friend is here on an F1 visa. she wasn't able to pay for her tution fee so opted for employment ... A: Bona fide marriage to a U.S. citizen will result in issuance of EAD (employment authorization ... | |
| adjustment of status based on marriage | 11/12/2010 |
| Q: i am a student from kenya with an F1 status i entered the country with a b1 visa and while visiting ... A: Based on marriage to a U.S. citizen, all sponsorship paperwork can be filed concurrently: ... | |
| H1B visa stamping | 11/11/2010 |
| Q: Just to give a brief background - I was on H1B through my previous employer from Oct 2008 till May ... A: As you have unexpired H1B visa stamp in passport, and the purpose of your entry the next time you ... | |
| adjustment of status for out of status brother | 11/11/2010 |
| Q: good evening, my question is as follow: I am a US citizen and had petition my brother in june 2002, ... A: Your brother cannot adjust status in the U.S. since he is not maintaining nonimmigrant visa status ... | |
| Petitioning adult child | 11/11/2010 |
| Q: I have a few questions on how to petition my adult unmarried child and his 3 children. I am ... A: Only one I-130 petition is required for your unmarried child. His 3 children are automatically ... | |
| H1B and EAD | 11/10/2010 |
| Q: my wife (a previous F2 visa holder) was offered a job and her employer sponsored her H1B visa. After ... A: If the I-797 (H1B approval notice) granted her change of status, then your wife is automatically in ... | |
| COS from H1B to F1 | 11/10/2010 |
| Q: Ajay Arora, I am planning to change my visa status from H1B to F1 for pursuing my MBA on a fulltime ... A: It can take several months for the USCIS to approve the change of status from H1B to F1 application. ... | |
| Citizenship- under 21 | 11/10/2010 |
| Q: My father is about to become a naturalized US Citizen, after having his green card for 5 years. ... A: If you are under 18, you are included in your father's naturalization application. If you are 18 or ... | |
| OPT and B2 | 11/7/2010 |
| Q: My opt expires on jan 2011. I want to join another degree program but the program does not start ... A: Your husband will be included in your B2 application. The probability is quite high that the ... | |
| OPT | 11/7/2010 |
| Q: My opt expires on jan 2011. I want to join another degree program but the program does not start ... A: As there is only a 60-day grace period to remain legally in the U.S. after OPT expiration, you ... | |
| Volunteer work | 11/7/2010 |
| Q: I am on M1 visa, i would like to know that can i work as volunteer. A: You can volunteer for activities which are not normally compensated such as charitable ... | |
| interview for an i-751 without my husband | 11/4/2010 |
| Q: i came to the states with a k-1 visa,got married and was given a conditional green card which ... A: There is no choice but to appear for the interview. It can be explained to the interviewing officer ... | |
| B2 visa to F1 visa | 11/4/2010 |
| Q: I currently have a colleague who has just been issued an I-20 to attened school over in the USA. He ... A: Attending school is not allowed in B visa status, and changing status from B2 to F1 student visa ... | |
| Marriage to USC and green card | 11/4/2010 |
| Q: Is the applications and the entire process for someone to get their greencard through marriage with ... A: Sponsorship through marriage to a U.S. citizen is a procedurally intensive immigration matter which ... | |
| Employer change of Address | 11/2/2010 |
| Q: I am on H1b and Green card in process. My office has recently moved to a new address, a few blocks ... A: The employer completes the LCA, as it can be signed only by the petitioner. The period of intended ... | |
| EAD Card for new job | 10/31/2010 |
| Q: I have recently filed AOS based on my marriage to a US citizen, along with the I-765 for a new EAD. ... A: Yes, you can use your existing EAD to work anywhere. However, if the previously filed Adjustment of ... | |
| L1 to H1B...can I stay in US until H1B decision? | 10/29/2010 |
| Q: My L1 extension denied, and my current company applied for H1B with Change of Status form L1 to H1 ... A: If you depart the U.S., the H1B petition is approvable, but you will not be granted change of ... | |
| Green Card expired-Am i Illegal? | 10/29/2010 |
| Q: I actually have 2 questions which I will try to make short and to the point. The first one is: I ... A: You are not illegal. You are still a permanent resident even though your green card has expired. ... | |
| h1b and green card lottery | 10/26/2010 |
| Q: Can you enter the diversity lottery after a h1b petition has been filed for you? Conversely, can you ... A: It is OK to file H1B before or after applying in the diversity visa lottery program, or vice-versa. ... | |
| sponsorship by U.S. citizen spouse | 10/26/2010 |
| Q: i come to this country 8 years ago, i had a visa as a turist, but i never come back to my country, ... A: The I-130 is the immigrant petition. In most cases, the I-130 is filed first, and upon approval and ... | |
| H1B transfer without pay stubs | 10/26/2010 |
| Q: I am on H1B visa with one of the employer. He has not paid me since Jan 2010. Now I have got a full ... A: Your new employer will need to file H1B transfer petition without recent pay stubs from your current ... | |
| H1 transfer for dependent | 10/26/2010 |
| Q: I have my H1b visa in the process of transfer from one place to another. I'm already started to work ... A: The USCIS will deny the application to extend your daughter's H4 status (Form I-539) based on ... | |
| H1B Extension when I-94 expired | 10/25/2010 |
| Q: I've been with my current employer since 2004 and they have applied for my labor cert for my ... A: It is best to suspend your employment (remove yourself from payroll), and have your employer convert ... | |
| NVC letter after I-130 approved | 10/24/2010 |
| Q: I entered US legally on a tourist visa, but overstayed and currently out of status. My husband who ... A: As you are planning on adjusting status in the U.S. after your husband becomes a U.S. citizen (you ... | |
| Amending N400 | 10/24/2010 |
| Q: I filled out my amount of trips and total days out of country in the last 5 years on my N 400 form ... A: When you receive the N400 receipt notice (Form I-797) from the USCIS within 2 to 3 weeks after ... | |
| visitor visa | 10/24/2010 |
| Q: My stepson has a 10 year tourist visa for visits from Mexico to the US. He is with us in the US now ... A: There is no definite answer, but every entry requires answering questions from the immigration ... | |
| tourist visa / Marriage to GC holder | 10/23/2010 |
| Q: I am from the Ukraine, have tourist visa, expires in 12/10. if i marry my fiance who is a green card ... A: After marriage, your wife can file an immigrant petition for you. If the priority date becomes ... | |
| place of interview for immigration visa | 10/23/2010 |
| Q: I am an Indian national. My daughter wishes to file an application in USA FOR MY GREEN CARD. I at ... A: If your daughter is a U.S. citizen, she can file an immigrant petition for you with the USCIS: ... | |
| Previous Out-of-Status Issues | 10/22/2010 |
| Q: Arora, Thanks a lot for your time! My H1-B with Employer_A started in April 2003. Prior to that, ... A: You did not have any unauthorized stay (retroactively speaking). See page 6 of ... | |
| L2 to H1B visa transfer | 10/22/2010 |
| Q: My husband is on L1 Visa from 2008. I came to US in 2009 on L2 (dependent Visa). I got my EAD and I ... A: The H1B petition should specify the start date. Thus, if petition is filed on Oct. 22, 2010 ... | |
| L2 to H1B visa transfer | 10/22/2010 |
| Q: My husband is on L1 Visa from 2008. I came to US in 2009 on L2 (dependent Visa). I got my EAD and I ... A: If the USCIS approves the H1B petition granting you change of status, then you will automatically be ... | |
| visa waiver entry | 10/22/2010 |
| Q: I am a perm resident able to take cotizenship in april 2011 my wife is a us citizen...my biological ... A: There is no exception to the rule which prohibits extension of stay in the U.S. for someone entering ... | |
| Previous Out-of-Status Issues | 10/22/2010 |
| Q: Arora, Thanks a lot for your time! My H1-B with Employer_A started in April 2003. Prior to that, ... A: As the USCIS granted you extension of status, any previous technical violation will not cause ... | |
| Birth in the US for L1B holder | 10/21/2010 |
| Q: Both my wife and I are Canadian citizens. I am an L1B holder, but my wife is not nor does she ... A: There is no residency requirement. As the L2 visa stamp is multiple-entry, your wife can enter the ... | |
| H1B &Marriage | 10/20/2010 |
| Q: Fremont, CA I have been terminated for my H-1B visa about 1week ago. My boyfriend (US citizen) ... A: It is OK to have a simple civil ceremony and for the sponsorship paperwork to be filed based on ... | |
| H4 to H1B change of status | 10/20/2010 |
| Q: 1.When H1B/H4 Extension is approved, will we get the I-94 number same as the previous I-94 number? ... A: H4 application can be withdrawn by the applicant by sending a letter to the USCIS requesting ... | |
| H4 to H1B change of status | 10/20/2010 |
| Q: 1.When H1B/H4 Extension is approved, will we get the I-94 number same as the previous I-94 number? ... A: The I-94 number in extension cases will be the same I-94 number that you currently possess. The ... | |
| Visitor Visa sponsorship question | 10/20/2010 |
| Q: I am planning to apply for a B2 visa to visit my sister in the US for Christmas. She is a USC (as of ... A: I recommend that your sister file I-134 for you. To this she can attach copy of her latest federal ... | |
| h1 to h4 | 10/20/2010 |
| Q: My wife has applied for cos from h1 to h4 . this was done within 2 weeks of her leaving the job ( ... A: If it is OK for you to travel, I recommend applying for H4 visa stamp at any U.S. Consulate in ... | |
| h1 to h4 | 10/19/2010 |
| Q: My wife has applied for cos from h1 to h4 . this was done within 2 weeks of her leaving the job ( ... A: Grace period is 10 calendar days, not 10 business days. In addition, because of paystub discrepancy, ... | |
| U.S. citizenship and physical presence | 10/18/2010 |
| Q: I am a green card holder from last 13 years. I was admitted to medical school in india in the year ... A: You are not eligible for citizenship at this time as you have not been physically present in the ... | |
| GC through employer sponsorship | 10/17/2010 |
| Q: Good Morning. I completed MBA(Health care Management) and presently I am on H1B visa for the last ... A: As you have a master's degree from the U.S. (or equivalent), the PERM process (also known as labor ... | |
| H4 for working spouse | 10/16/2010 |
| Q: Ajay My wife currently works on EAD (based on pending 485).I recently changed from status from L1 ... A: Yes, your wife will be eligible for H4 visa stamp at a U.S. Consulate in India based on the fact ... | |
| H1B or TN? | 10/16/2010 |
| Q: While I am currently an M1 visa holder studying Shiatsu, my devoted work as a Yoga teacher has been ... A: Based on a combination of your degrees and employment experience, you appear qualified. I do not ... | |
| h1 to h4 | 10/15/2010 |
| Q: My wife has applied for cos from h1 to h4 . this was done within 2 weeks of her leaving the job ( ... A: The Vermont Service Center (VSC) is taking 4 to 5 months (actually closer to 5 months) to grant ... | |
| Marriage to USC while on B2 visa | 10/15/2010 |
| Q: My fiance has proposed to me while I am in the US on a B2 visa. He is a US citizen. We want to get ... A: Yes, it is normally safe to be married and for sponsorship paperwork to be filed if both events ... | |
| B1/2 to H1B | 10/15/2010 |
| Q: I was previously on a F1 visa that expires in 2013 but my I20 has lapsed since I am not currently ... A: As the intention of your entry will be to visit rather than study, you cannot enter the U.S. on ... | |
| Deportation through revocation of GC | 10/15/2010 |
| Q: I'm a greencard holder since 3 years. I got my green through my uncle who sponsored my dad. Can he ... A: Since the sponsorship has been successfully completed and you are now a lawful permanent resident ... | |
| permit to work in usa | 10/15/2010 |
| Q: i am currently living in the usa and i have a b1 and b2 visa. i would like work in this country as ... A: In almost all cases you cannot be employed without a job offer. The U.S. employer will complete the ... | |
| Inviting my Aunt to the U.S. | 10/14/2010 |
| Q: I'm a naturalize citizen. I would like to invite my aunt to come visit me and my family here in the ... A: Your Aunt should apply for a B2 visa stamp at the nearest U.S. Consulate. The following website is ... | |
| h1b to h4 | 10/13/2010 |
| Q: Arora, My wife came to usa in sep2008 on h1b visa.since then her employer did not give ... A: Your wife was violating her H1B status by not being employed as per agreed upon terms stated in the ... | |
| Visa for Chinese woman (fiance) | 10/13/2010 |
| Q: I am taking a trip soon to China to meet a woman, and if all goes well, she may wish to come to the ... A: A good site for learning more about fiance visa (K1) for the purpose of travel to the U.S. for ... | |
| Marriage to USC | 10/13/2010 |
| Q: I need your advice about immigration. I am a U.S citizen, I married to a Canadian in 1991. I moved ... A: The process to sponsor the spouse of a U.S. citizen involves the filing of quite a few petitions and ... | |
| Apply L2 EAD and L1 Visa together | 10/13/2010 |
| Q: I just needed one more clarification. Can my husband come to US on L2 Visa and apply for EAD and at ... A: Your husband cannot enter on L2 visa status since your L1 status has apparently expired in April, ... | |
| I-130 petition for spouse by permanent resident | 10/12/2010 |
| Q: I am green card holder and filed the petition I 130 for my spouse in july 2010. when i check the ... A: Although the priority date is current, the USCIS can still take several months for processing the ... | |
| L2 stamped if I have filed my H1B? | 10/12/2010 |
| Q: I am in India and my current employer here has filed my H1B.My husband is in US on L1 and I am ... A: There will be no problem being issued L2 visa stamp at the Consulate, and you can apply for L2 visa ... | |
| Both valid L2 and L1 visa simultaneously? | 10/12/2010 |
| Q: I currently have an L2 visa and my Company is applying for an L1 for me.If my L1 visa gets approved. ... A: As you can hold only one status at a time, the latest action by USCIS determines the status that you ... | |
| L2 to L1b for Spouse | 10/10/2010 |
| Q: ....I currently have an L1 Visa and am planning for an L2 Visa stamping for my husband. We both work ... A: There is no problem if you husband travels to the U.S. on L2 visa stamp and then his U.S. employer ... | |
| H1B and green card lottery | 10/10/2010 |
| Q: The company I'm working for is planning to apply an H1b visa for me in the coming months. ... A: The green card lottery is totally independent of the H visa category. In addition, H visa category ... | |
| H-1B visa stamping | 10/7/2010 |
| Q: I received H-1B approval notice with the validity from 1st October 2010 to March 2013. Right now I ... A: If you are in the U.S. and H1B approval states that you were granted change of status, then you are ... | |
| I-140 (Advanced Degree Requirement) EB2 filing | 10/6/2010 |
| Q: Arora, Thank you for reading my message. My PERM was certified with a MS + 0 years of experience ... A: You are fortunate that there was no RFE at PERM stage. Now that PERM has been certified, I-140 ... | |
| How to retain my green card in my case? | 10/4/2010 |
| Q: I’m Egyptian guy who work in Saudi Arabia , I got a green card through DV in 2009, traveled to USA ... A: When entering the U.S. in July, 2011 try to carry evidence of a residence in the U.S. such as filing ... | |
| f2b question | 10/3/2010 |
| Q: im an f2b case and i recently passed my interview and got my immigrant visa. my problem is i got my ... A: As the baby was not yet born as of the date that the Department of State forms were completed, and ... | |
| L1A work location | 10/3/2010 |
| Q: Can one on L1A work from client premises since the team that he supervises is located at the client ... A: The L1A category does not have restrictions regarding location of employment. If your duties and ... | |
| L1A denied | 10/2/2010 |
| Q: I was suggested to file for H1 or L1 A (individual) by visa officer. Will the rejection have any ... A: As long as you have bachelor's or above, and the job requires the same type of degree to adequately ... | |
| L1A denied | 10/2/2010 |
| Q: I was suggested to file for H1 or L1 A (individual) by visa officer. Will the rejection have any ... A: The visa stamp refusal by the Consulate should not affect USCIS approval of subsequently filed L1A ... | |
| L1A denied | 10/2/2010 |
| Q: I was suggested to file for H1 or L1 A (individual) by visa officer. Will the rejection have any ... A: L1A visa stamp by a U.S. Consulate is unlikely to be issued for L1A individual if it was denied ... | |
| h1b-M1-Eb2 | 10/1/2010 |
| Q: h1b petitioned denied before, applied for M1 to maintain status before i-94 will expire, currently a ... A: If you find a company willing to file PERM (labor certification) in EB2 category, then it is OK for ... | |
| Transfer from H4 to H1b | 10/1/2010 |
| Q: Helllo, I need your opinion on how to proceed with this particular situation. My husband's H1b is ... A: You must be maintaining valid nonimmigrant visa status at the time an extension or change of status ... | |
| H1B-H4-H1B | 9/30/2010 |
| Q: My wife is on H1B visa with Employer A and we've applied for her H4 recently since her H1B will be ... A: If her employment has not been terminated by Employer A, and the revocation letter not sent to USCIS ... | |
| h1b-M1-Eb2 | 9/30/2010 |
| Q: h1b petitioned denied before, applied for M1 to maintain status before i-94 will expire, currently a ... A: Since M1 status requires a nonimmigrant intent, I recommend that the green card process through the ... | |
| First Name Space problem | 9/29/2010 |
| Q: My first name in Rajnikant but in my passport it is Rajni Kant .So will it be cause of concern for ... A: To avoid future problems, you should obtain amended passport with corrected name, or a new passport ... | |
| L1 to H1 and multiple H1 | 9/29/2010 |
| Q: I am currently in US on L1 with Company A. Another company B filed my H1 petition and it got ... A: If you were granted "change of status" through Co. C, then you can continue working in L1 status ... | |
| Affidavit of support RFE after filing I485 | 9/28/2010 |
| Q: I am a PHD student in F1 status married to a US citizen and have filed I485/I130. My husband does ... A: Yes, if you do not have OPT or CPT, please submit letter from the DSO verifying that you are ... | |
| H1B denied | 9/28/2010 |
| Q: I had an approved H1b filed by the company a but then the contract was voided because of economic ... A: You have been officially violating your nonimmigrant visa status since Co. B's H1B petition was ... | |
| L2 TO H1B WITHOUT EAD | 9/27/2010 |
| Q: I wanted to know if I can still apply for H1B from L2 visa. I have no work permit and have not ... A: You are not required to have EAD in order to maintain L2 visa status. It is important for H1B ... | |
| H1B-H4-H1B | 9/27/2010 |
| Q: My wife is on H1B visa with Employer A and we've applied for her H4 recently since her H1B will be ... A: Since H1B portability does not apply (due to termination of employment through Employer A), ... | |
| H4 to F1 visa | 9/27/2010 |
| Q: I am currently on H4 visa and doing my masters here in United States. I will be completing my 30 ... A: An application to change status to F1 (Form I-539) should be filed with the USCIS. You should ... | |
| Inviting parents for Graduation Ceremony | 9/27/2010 |
| Q: I am going to graduate in Dec 2010. I want to invite may parents and my sister(21+) for may ... A: Your parents and sister will apply directly at the nearest U.S. Consulate for B2 visitor visa. The ... | |
| H1B-H4-H1B | 9/27/2010 |
| Q: My wife is on H1B visa with Employer A and we've applied for her H4 recently since her H1B will be ... A: If H1B through Employer B is filed after termination of employment through Employer A (and while ... | |
| L1A REJECTION--OPTIONS? | 9/27/2010 |
| Q: I had applied for L1A visa under blanket petition. My visa was rejected on 20th Sep 2010 b,coz I had ... A: If L1A was denied, there is a good possibility of L1B denial as well. I recommend a different visa ... | |
| I-130 and priority dates | 9/25/2010 |
| Q: My father filed my f2b papers on the 21Sep2006 how fast is the papers processing & how long more ... A: According to the latest visa bulletin, the visa availability date is current for petitions filed on ... | |
| I-130 filing and priority dates | 9/25/2010 |
| Q: My father filed my papers on the 21Sep2006 how fast is the papers processing & how long more before ... A: The length of time that it takes the priority date to become current depends on whether your age, ... | |
| I-864 | 9/24/2010 |
| Q: We send the I-864 with the I-485 together, but we received the mail from USCIS saying to provide ... A: Yes, if you have not sent the response, go ahead and mail new I-864 through another person as well. ... | |
| 245i | 9/24/2010 |
| Q: My brother petition (under 245i) is current this month but they never sent us the approval notice. ... A: I suggest that another person who is either a U.S. citizen or permanent resident also file I-864, ... | |
| F-1 student and marriage to U.S. citizen | 9/23/2010 |
| Q: I just got married to my wife whom is a student with a F-1 visa. We got married in June of this ... A: If all sponsorship paperwork such as petition for alien relative, adjustment of status, etc. are ... | |
| F1 Marriage question | 9/23/2010 |
| Q: My brother is here in us doing his phd.He was married before applying for f1 visa.He declared his ... A: If your brother was not legally married as per Indian law when applying for F1 visa at the ... | |
| Missing OPT EAD Card | 9/22/2010 |
| Q: I have graduated from my university in December 2008, and I completed one year with my OPT, had ... A: Please apply for replacement EAD by coordinating with the DSO (also known as international student ... | |
| I-130 approved ..what next ? | 9/22/2010 |
| Q: My brother applied (for sister) I-130 in June, 2002 and it was approved in Oct, 2009. What is the ... A: It is not possible to predict visa movement on a monthly basis. You should check the visa bulletin ... | |
| Indian Embassy | 9/21/2010 |
| Q: Ajay, I have already asked u a question regarding a space in my first name. I have approached ... A: As India is a sovereign country, any guidelines of its representative The Indian Embassy are not ... | |
| GREEN CARD FOR MY DAD | 9/21/2010 |
| Q: My Mom and dad used to visit us here every 6 months. Now that they can't travel due to old age, ... A: It appears that your Dad and abandoned his LPR (lawful permanent resident) status. Assuming that you ... | |
| Multiple H1B | 9/21/2010 |
| Q: Can an individual have multiple H1B s, if so who will run his/her pay roll. Thanks ANSWER: Hi, H1B ... A: If you will work for the second employer concurrently with the original employer, the second ... | |
| COS to H1 | 9/21/2010 |
| Q: I got my L1 stamped on 30 Oct 2007 and also applied for H1 during April 2008 when I was in India. On ... A: You cannot request "extension of H1B status" since you are not currently in H1B status, but there is ... | |
| Immigration visa-US in F4 but not immigrating | 9/21/2010 |
| Q: My brother-in law has filed petition in 1999 and immigration file has already open but question is ... A: You can request the petitioner to send letter to the USCIS revoking the I-130 petition. Also, if ... | |
| Multiple H1B | 9/20/2010 |
| Q: Can an individual have multiple H1B s, if so who will run his/her pay roll. Thanks A: H1B status is employer specific. Thus, you can work for an employer only if the employer has ... | |
| I-130 for spouse | 9/20/2010 |
| Q: i am uscitizen how do i process for my wife in india and howlong it will take after i file A: An I-130 petition should be properly prepared and filed for your wife: ... | |
| I-130 filed and priority date current in F4 category | 9/18/2010 |
| Q: my brother has filed I-130 on April 30th 2001 and received receipt # wac-01-258-50723 after 4 years ... A: I assume that you are presently in the U.S. If so, adjustment of status application can be filed now ... | |
| I-130 denial | 9/18/2010 |
| Q: I filed for my sister in 2005, who resides in INDIA . I received letter to submit evidence. I ... A: Yes, another I-130 should be filed. However, you will not be able to maintain the earlier priority ... | |
| Amending Passport | 9/17/2010 |
| Q: I need a piece of advice, if possible. Here is the situation: Today I went for my second H-1B ... A: Revising the passport is the easier option. Contact the nearest consulate of your home country, ... | |
| I-130 filed and applying for B1/B2 | 9/17/2010 |
| Q: CAN THE WIFE OF A JAMAICAN (MAN) HUSBAND BE FILED FOR WITHOUT HIM ASSISTING OR SIGNING ANY ... A: Visitor visa status does not allow for intention to immigrate to the U.S. Thus, normally the ... | |
| processing time and priority dates | 9/16/2010 |
| Q: i was looking at the uscis.gov webster and i was surprised to see that processing time for the kids ... A: Children 21 or over of permanent residents is F2B category. And siblings of U.S. citizen is F4 ... | |
| F1 change of status | 9/16/2010 |
| Q: My friend has a pending B2-F1 COS application. She does not know if this application will go ... A: You are correct in your assumption that if your friend physically departs the U.S. the change of ... | |
| F2 visa and pregnancy | 9/16/2010 |
| Q: Greetings to you Sir! My husband is on F1 visa and I got my F2 visa till 2012. I went to stay with ... A: If your husband is maintaining his F1 status (he is a full-time student, for example), then there ... | |
| I-130 multiple filings | 9/15/2010 |
| Q: I have a question regarding to my case ( immigration to US) . In 2008 my sister , who is a citizen ... A: It's optional to inform the USCIS about the newer petition when responding to RFE about the original ... | |
| Planning on getting married | 9/15/2010 |
| Q: Hello can you please help me im a Us Citizen currently living in Ecuador for the past year and a ... A: A visitor visa is not appropriate, as it does not allow for intention to immigrate to the U.S. or to ... | |
| I-130 multiple filings | 9/15/2010 |
| Q: I have a question regarding to my case ( immigration to US) . In 2008 my sister , who is a citizen ... A: The USCIS has issued an RFE (request for evidence) on the sponsorship through your sister in the F4 ... | |
| Conditional Resident | 9/14/2010 |
| Q: I am having a two years green card expired in 1994, what is the right process to be be renewed or ... A: It appears that you have a conditional resident card valid for 2 years based on marriage to a U.S. ... | |
| H1B Approved & COS Denied | 9/14/2010 |
| Q: I am currently on OPT Extension which is valid until 01/11/2011. I recently applied for H1. I got an ... A: Since the H1B approval notice (Form I-797) states that change of status (COS) was not granted, you ... | |
| H1C Visa expiring | 9/14/2010 |
| Q: My H1c visa will expire on Feb.11,2011 with I-140 approved(PD Jan.13,2006).Is there any option for ... A: In order to remain legally in the U.S., you must maintain nonimmigrant visa status (such as H1C) at ... | |
| H1B and employer | 9/14/2010 |
| Q: My employer have some questions regarding h1-b. I would really appreciate if you could answer them. ... A: The position of Accountant is a specialty occupation, and $20/hour is within the prevailing wage in ... | |
| H1B and employer | 9/14/2010 |
| Q: My employer have some questions regarding h1-b. I would really appreciate if you could answer them. ... A: H1B can be filed for part-time job as long as the position still requires a relevant bachelor's ... | |
| I-485A | 9/14/2010 |
| Q: I am in the US on a student visa. I am here for less than a year. I am 20yrs. I am married to a US ... A: As you have entered the U.S. legally and are married to a U.S. citizen, all sponsorship paperwork ... | |
| visitors visa for my wedding | 9/13/2010 |
| Q: my fiance and I would like her mother to be here for our wedding, the problem is that she is in the ... A: Your future mother-in-law should apply at the nearest U.S. Consulate for a visitor visa. It can take ... | |
| H-1B - premium processing and stamping | 9/12/2010 |
| Q: In case of first H1, if one can only start job on Oct 01 then what is the advantage of premium ... A: We can prepare TN petition as well. If the H1B petition is filed before the visa cap is reached, it ... | |
| H-1B - premium processing and stamping | 9/12/2010 |
| Q: In case of first H1, if one can only start job on Oct 01 then what is the advantage of premium ... A: As you will be subject to the visa cap, H1B should be filed soon, but we cannot put an earlier start ... | |
| H-1B - premium processing and stamping | 9/12/2010 |
| Q: In case of first H1, if one can only start job on Oct 01 then what is the advantage of premium ... A: There is no particular advantage in filing through premium processing, since inclusion within the ... | |
| J-1 not subject to sec 212e married US Citizen | 9/11/2010 |
| Q: I am filing for my wife, i130 and i485 now. I just saw on here visa bearer is not subject to section ... A: Filing Form I-131 is optional, but in any event even with issuance of advance parole document ... | |
| J-1 not subject to sec 212e married US Citizen | 9/11/2010 |
| Q: I am filing for my wife, i130 and i485 now. I just saw on here visa bearer is not subject to section ... A: Yes, there is no problem with sponsorship even though there has been violation of status due to a ... | |
| J-1 not subject to sec 212e married US Citizen | 9/11/2010 |
| Q: I am filing for my wife, i130 and i485 now. I just saw on here visa bearer is not subject to section ... A: I am assuming that you are a U.S. citizen. Since your wife initially entered the U.S. legally, and ... | |
| Deferred prosecution for retail theft/Immigration issues | 9/10/2010 |
| Q: I have been given a ticket at a mall for an accidental nonbilling of an item.There was no,arrest or ... A: Since you were never arrested, this appears to only be an administrative matter. I do recommend that ... | |
| L1 to H1B Change of Status | 9/9/2010 |
| Q: I’m currently on L1 for a company A and another company B is going to sponsor H1B for me with COS ... A: You can hold only one nonimmigrant visa status in the U.S. at one time, and if the H1B through Co. B ... | |
| Changing employers on H1-B after I-140 is approved | 9/9/2010 |
| Q: I am on an extended H1-B (7th year) and my I-140 has been approved (priority date Jan 2009). With no ... A: If you change employers through the new employer filing an H1B petition with the USCIS requesting ... | |
| Changing employers on H1-B after I-140 is approved | 9/8/2010 |
| Q: I am on an extended H1-B (7th year) and my I-140 has been approved (priority date Jan 2009). With no ... A: If you change employers, the sponsoring employer will probably revoke the I-140 petition, likely ... | |
| F1 married to H1 applying for Greencard | 9/7/2010 |
| Q: I am studying with my F1 visa. I recently got married and my husband has H1 visa. Now, his ... A: Please speak with the DSO (also known as international student advisor) at your university to renew ... | |
| H4 to B1 | 9/6/2010 |
| Q: I am in USA on a H4 visa, Can i change it to B1 visa if i want to do a small business. If YES, how ... A: B1 status, like the H4, does not allow for employment. Thus, although anyone in any status can be an ... | |
| H1B COS and Visa Appointment | 9/6/2010 |
| Q: I hope this message finds you well. I have a question about H1B and your advice is much ... A: As you were granted change of status to H1B effective Oct. 01 as per the H1B approval notice (Form ... | |
| adjustment of status while illegal | 9/5/2010 |
| Q: We came with a work visa TN and then H1B (husband's visa) our visa expired in 2004, and we stay, my ... A: Your husband's mother can file an immigrant petition for her son and family in the F3 category. ... | |
| H4 to H1B | 9/3/2010 |
| Q: My wife, currently on H4, is traveling to India from Sept 12th to Nov 13th 2010. She has got an ... A: If an H1B petition is filed when the beneficiary is not presently in the U.S. at time of filing (or ... | |
| $500 Fraud Prevention Fee | 9/3/2010 |
| Q: do I need to pay the $500 Fraud Prevention and Detection fee when I apply for my H1-B visa at the ... A: The employer filing the H1B petition is responsible for this fee, and it would have already been ... | |
| L-2 travel without L-1? | 9/3/2010 |
| Q: Arora, If you have any experience or knowledge on my question please respond since I desperately ... A: I was under the impression that your husband has an unexpired visa stamp. Please note that an L1 ... | |
| U.S. citizen married to Canadian | 9/2/2010 |
| Q: i am citizen who got married with USA citizen in USA.we are going to fill out all necessary ... A: All sponsorship paperwork should be filed concurrently with the USCIS such as I-130, I-485, I-765, ... | |
| K1 Two Year Meeting Requirement | 9/2/2010 |
| Q: My fiance and I are looking at the K1 visa process because we plan to be married next year, I am ... A: Perhaps you used your credit card to pay for the trip or related expenses, or perhaps you exchanged ... | |
| I-94 no EOS note and marriage to USC | 9/1/2010 |
| Q: I came on a tourist visa and overstayed. Now I am married to US citizen. On my I 94 there is a note ... A: Since adjustment of status (AOS) is different than EOS, it is OK for you to be sponsored and adjust ... | |
| Fiancee Affidavit of Support? | 8/31/2010 |
| Q: I am currently engaged to a US citizen, but I am a UK citizen, we're hoping to be married next year ... A: If your fiancee is residing with her parents, they can file I-864A and all incomes can be combined ... | |
| L1B versus H1B | 8/30/2010 |
| Q: I had recently gone to USA ON L1 to work for American branch of Company ABC. At the immigration , ... A: L1 does not generally allow for working at client site even though you will still remain on Company ... | |
| Naturalization and marriage to US citizen | 8/29/2010 |
| Q: I am preparing paper work for naturalization. I married to US citizen and according to a guide ... A: In our experience, irrespective of the instructions on the N400 application, there is no actual ... | |
| L1 to H1 COS - 2011 | 8/28/2010 |
| Q: I am currently in US on L1 and have an approved H1B petition with COS effective from Oct 1 2010. Is ... A: You will automatically be in H1B status on Oct. 1, 2010 and will no longer be in L1 status. The ... | |
| I-130 and I-485 after I-94 expiration | 8/27/2010 |
| Q: Came to US under Visa Waiver Program in August of 2004 to met my natural birth mother and sister. I ... A: Either your mother or sister can file I-130 petition for you. Information about family sponsorship ... | |
| L1 A Visa ' Not Clearly Approvable' - Reapplying on L1B | 8/26/2010 |
| Q: I recently appeared for L1A visa (blanket petition) at Delhi Consulate. I already have travelled to ... A: Information about the L1B category is here: ... | |
| Re entry in USA on B2 visa | 8/26/2010 |
| Q: My Mother was issued a USA visa in Feb 2007 and came to USA in Apr 07 and we applied for a extension ... A: Spending so much time in the U.S. in visitor visa status can result in more detailed questions at ... | |
| Advance Parole | 8/26/2010 |
| Q: Good morning. We are pending for approval of I-485 since July 2007. We are waiting for visa ... A: Advance parole is always issued without any problems whatsoever based on pending I-485...there does ... | |
| F1 married to permanent resident | 8/25/2010 |
| Q: i am an f1 student whose visa hasn't expired. I fell in love and got married to a permaent resident, ... A: Your spouse can sponsor you in the F2A category by filing the appropriate petition with the USCIS. ... | |
| Sponsoring parents | 8/25/2010 |
| Q: I am a green card hold and want to apply for my parents (who have working visa). Can I do it now or ... A: You must be a U.S. citizen to sponsor parents: www.h1b1.com/sponsor.htm You must file affidavit of ... | |
| Marriage to U.S. citizen | 8/24/2010 |
| Q: oh she has a 5 yr old boy to wt her. A: Your wife and stepchild can adjust status in the U.S. without having to depart the U.S. based on ... | |
| International Student and immigration | 8/24/2010 |
| Q: Arora. I am currently an international student on an F-1 Visa. My question is: Can I apply for a ... A: F1 status does not allow for intention to immigrate to the U.S. You cannot be sponsored by your ... | |
| L1B to H1B--change of status | 8/24/2010 |
| Q: I have few H1 questions if you could answer and shed some light.Here is the scenario. 1.I applied ... A: I realize that you never were in H1B status earlier (you only had H1B approval, and no further ... | |
| Marriage to U.S. citizen | 8/23/2010 |
| Q: ive got a question,if my girlfriend come from england to the usa wt only a passport and we got ... A: Upon marriage all sponsorship paperwork can be filed concurrently and your wife can adjust status in ... | |
| Affidavit of Support | 8/23/2010 |
| Q: I've been doing a lot of research online regarding sponsoring an alien after filing petition for ... A: Part-time job may be enough if you earn enough income. The following is helpful: ... | |
| L1B to H1B--change of status | 8/23/2010 |
| Q: I have few H1 questions if you could answer and shed some light.Here is the scenario. 1.I applied ... A: H1B status is employer specific. XYZ will file new H1B petition requesting change of status from L1B ... | |
| L1B to H1B--change of status | 8/23/2010 |
| Q: I have few H1 questions if you could answer and shed some light.Here is the scenario. 1.I applied ... A: As you are currently in L1B status, XYZ will file H1B petition for you requesting change of status ... | |
| L1B Extension Stamping | 8/20/2010 |
| Q: My L1B visa extension got approved by USCIS in August. I need to go to India for a vacation in ... A: If you follow the Consulate's instructions and take documentation as per appointment notice issued ... | |
| Traveling on OPT | 8/19/2010 |
| Q: Arora, I have recently completed my MBA, and I am on my OPT status in US. My EAD runs till June ... A: It is safe to travel since you are maintaining your F1 status and have not violated this status in ... | |
| L1 Visa after B1 Visa rejection | 8/19/2010 |
| Q: My B1 Visa got rejected in May'10, the Visa counsellor did not provide me any reason & now I have ... A: When the USCIS approves the L1 petition, the Consulate is likely to issue the L1 visa stamp in order ... | |
| Different names on green card and passport | 8/17/2010 |
| Q: My case was actually held up for a couple of days after the interview before it was approved, as my ... A: You cannot enter on advance parole document since I-485 has been approved. If you travel prior to ... | |
| B1 Visa for me and Visitor visa for my family | 8/17/2010 |
| Q: I am travelling to US on a business visit for 2 weeks. I wish to take my spouse and my kid along ... A: You can apply for B1 and your family can apply for B2 visas simultaneously. There is no particular ... | |
| H4 and L1 Visa | 8/16/2010 |
| Q: My wife holds H4 visa and L1 visa. She is now in US in her H4 Visa. If her employer wants her back ... A: She should depart the U.S. and enter using unexpired L1 visa stamp so that she is issued an I-94 at ... | |
| H1 application while I-539 cos H4 pending | 8/16/2010 |
| Q: I was on H-1 and got laid off on Friday. I filed for COS to H4 online on the same day and got the ... A: You are legally in the U.S. However, as you are no longer currently maintaining H1B status, you ... | |
| L1A clock reset | 8/16/2010 |
| Q: I left USA on 31st Jan 2010 after staying there for 5 years (on L1A). Now I do not plan to go back ... A: You can visit for short periods, typically about a month or less without any problems. If you visit ... | |
| I-130 filled and been approved | 8/15/2010 |
| Q: Over the last 2 years i have visited the USA around 5 times using the vwp, in march 2009 my mother ... A: As any visitor to the U.S. you may be asked about the purpose of your entry to the U.S. and whether ... | |
| I-130 filled and been approved | 8/14/2010 |
| Q: Over the last 2 years i have visited the USA around 5 times using the vwp, in march 2009 my mother ... A: The visa waiver program does not allow for intention to immigrate to the U.S. Thus, you could be ... | |
| F1 violation of status | 8/14/2010 |
| Q: i graduated with my masters back in 2007. I received my OPT and then i applied for a second masters ... A: In order to extend or change nonimmmigrant visa status within the U.S., you would need to be ... | |
| priority date | 8/14/2010 |
| Q: what is the priority date are being processed right now?i belong to f2b category,,and my priority ... A: For the month of September, 2010, which is the latest visa bulletin available at ... | |
| E-filing | 8/13/2010 |
| Q: Would you recommend using E-filing with USCIS? I have heard horror stories where the documents sent ... A: There is no advantage in e-filing, as the supporting documents have to be mailed in any event. It is ... | |
| Marriage to permanent resident | 8/13/2010 |
| Q: my daughter got a marriage proposal with a guy staying in usa and he is ready to get greencard ... A: If the bridegroom's adjustment of status application is approved before he is able to marry (in ... | |
| J1 program termination | 8/13/2010 |
| Q: Good day, I am a student and I have a J1 Visa for my internship that is good until October 25 2010, ... A: Since maintaining J1 status is dependent upon program continuation as per your Form DS-2019, you are ... | |
| H1B latest date to file | 8/11/2010 |
| Q: My opt will expire on Jan 11, 2011. I was wondering what is the latest date h1-b( assuming the ... A: Since nobody can predict when the visa cap will be reached, it is a good idea to file H1B petition ... | |
| married to an immigrant but separated | 8/11/2010 |
| Q: I have been married for 5 years now but have been separated for about 2yrs. I signed paperwork for ... A: If you are not in a bonafide marriage, you should not sponsor your spouse. I recommend contacting ... | |
| H1B to H4 | 8/11/2010 |
| Q: I am currently on H1B visa and plan to quit my job by October since I will be getting married and ... A: H1B visa status requires employment with the H1B employer. However, there is a 10-day grace period ... | |
| 245i | 8/10/2010 |
| Q: My brother petition (under 245i) is current this month but they never sent us the approval notice. ... A: You do not need a formal letter from the NVC, as the consular processing abroad initiated through ... | |
| marrying before or after citizenship application | 8/10/2010 |
| Q: I am now a legal permanent resident and will apply for citizenship soon. I would like to get married ... A: You can get married anytime. However, as you are about to apply for naturalization soon, there is no ... | |
| Can L2 work when L1 applicant is abroad | 8/10/2010 |
| Q: Say I am a L1 visa holder and my spouse gets an L2. After 6 months my company asks me to move back ... A: The L2 spouse can continue to reside legally in the U.S. even if the L1 spouse spends much of his or ... | |
| J-1 Married to US Citizen | 8/9/2010 |
| Q: I am a J-1 student not subject to two-year rule. I have the intention of getting married to a US ... A: Since you are not subject to the 2-year home country requirement, after marriage all sponsorship ... | |
| RE-entry US with Green card | 8/9/2010 |
| Q: Arora here is my case and i hope you can help me. I'm a green card holder since 2008. i live in US ... A: You may indeed be questioned about whether you have abandoned your residence in the U.S. and thus ... | |
| I-140 Questions | 8/8/2010 |
| Q: Arora, Please forgive me for the endless series of questions in my follow-up. I completely ... A: "Enough to pay salary" is a better response than $0.00. The position should not be a new position, ... | |
| I-485 approved--priority date is current | 8/8/2010 |
| Q: My case is simple and similar to many others. EB2 category, I-140 is approved in 2006, I-485 was ... A: If your address has not changed (or if you have notified USCIS if it has) no action is required. The ... | |
| I-140 Questions | 8/8/2010 |
| Q: Arora, Thanks a lot for your time and also for answering my previous questions about my PERM!! ... A: Since the employer is not a for-profit company, document such as annual budget is sufficient to show ... | |
| H1B specialty occupation | 8/8/2010 |
| Q: I`m a mortgage underwriter working with a BPO in india.Got an offer from a US bank to underwrite for ... A: Most positions in mortgage underwriting do not require at least a bachelor's degree in a relevant ... | |
| F1 married to H1 applying for Greencard | 8/8/2010 |
| Q: I am studying with my F1 visa. I recently got married and my husband has H1 visa. Now, his ... A: You are automatically included in your husband's GC process without any action required on your ... | |
| Tourist visa | 8/7/2010 |
| Q: I am currently holding a B2 visa and would like to enroll in certificate programs like ... A: The USCIS discourages changing status from visitor to F1 student status within the U.S. In order to ... | |
| Marriage to U.S. Citizen | 8/6/2010 |
| Q: I need some answers on legally being in the United States. Here's my story. My wife and myself got ... A: You entered on B2 visa, but you were issued I-94 at time of entry to the U.S. This is a white card ... | |
| L1A to Green card | 8/5/2010 |
| Q: I work as a Project manager for a big company in L1A visa in us. I am interested in applying for ... A: Your L1A employer can file I-140 Petition for Immigrant Worker for you in the EB1 category. The EB1 ... | |
| Marriage to U.S. Citizen | 8/4/2010 |
| Q: I need some answers on legally being in the United States. Here's my story. My wife and myself got ... A: Yes, those are the forms filed concurrently with the USCIS, but there are also supporting documents ... | |
| Birth in the US for L1B holder | 8/4/2010 |
| Q: Both my wife and I are Canadian citizens. I am an L1B holder, but my wife is not nor does she ... A: At time of your wife's entry to the U.S. she will ask the immigration inspector for L2 stamp in her ... | |
| 245i and citizenship (naturalization) | 8/4/2010 |
| Q: I got my green card with the 245-I application, My ex husband was the applicant and I obtained thrum ... A: As you have been a permanent resident for 5 years, you are eligible to apply for naturalization even ... | |
| 245i | 8/3/2010 |
| Q: My brother petition (under 245i) is current this month but they never sent us the approval notice. ... A: If the priority date is current for the 4th family preference category, I-485 should be filed with ... | |
| L1 A Rejected, now applying H1B | 8/2/2010 |
| Q: I was in US for past 2.5 years with L1B, I came to india at End of April 2010. My company applied ... A: You should be familiar with the contents of the H1B petition filed by the USCIS such as job title, ... | |
| Social Security | 8/2/2010 |
| Q: my H1B petition has been approved and I am scheduled for an interview at the US consulatate in my ... A: The probability of the Consulate issuing the H1B visa stamp is much higher than for B1/B2 (tourist) ... | |
| L1 A Rejected, now applying H1B | 7/31/2010 |
| Q: I was in US for past 2.5 years with L1B, I came to india at End of April 2010. My company applied ... A: L1A is for managers and executives, whereas L1B status is for "specialized knowledge" workers only. ... | |
| Changing visa status B1/B2 to F1 | 7/31/2010 |
| Q: During the period 1994-98 I was an international student in the US; graduated with a bachelor degree ... A: As the USCIS no longer recommends changing status from visitor to student, my advice is to apply to ... | |
| L1B Blanket rejected and applying for L1B Individual | 7/31/2010 |
| Q: My employer had applied for L1 visa under blanket petition and I was refused Visa on Jul-2010 under ... A: I recommend that your employer file H1B petition for you. If the employer files another L1B, the ... | |
| Starting a US corporation | 7/30/2010 |
| Q: Is it legal for a foreign national on a student visa to start a US corporation and get paid through ... A: Anyone in any status can be an investor in a company. However, you cannot be employed (and this ... | |
| J1 visa status to F1 | 7/29/2010 |
| Q: I would like to enquire regarding the non-immigrant visa.I am from Malaysia.I was under the YES ... A: I agree with you that since the requirement is aggregate, you do not have to be continuously ... | |
| J1 visa status to F1 | 7/29/2010 |
| Q: I would like to enquire regarding the non-immigrant visa.I am from Malaysia.I was under the YES ... A: You can apply for F1 visa at the U.S. Consulate even though you are subject to the 2-year home ... | |
| convert L1b to L1A | 7/29/2010 |
| Q: I have an L1B which expires in 50 days from now. My company (TCS) wants to file an L1A. Is it ... A: Since L1A requires employment as manager or executive for at least one year during the past 3 years, ... | |
| discrepancy in Surname & given name | 7/28/2010 |
| Q: My full name is Kamal Sham Kumar & in my Passport issued by Govt of India Surname column is blank ... A: FNU stands for first name unavailable, and is quite common designation where there is no clear ... | |
| CapGap and Employer Change | 7/27/2010 |
| Q: I am on my OPT, scheduled to end Aug 24. My current employer has filed for H1B and it is approved. ... A: You can work for any employer under cap-gap provisions of OPT until Oct. 01 as long as the employer ... | |
| F2A converted to F1 family preference category | 7/27/2010 |
| Q: good day boss Ajay, i was refused to get a f2a visa last week by the us embassy here in manila, the ... A: It appears that the petitioner became a U.S. citizen since the initial I-130 petition filing. That ... | |
| 4th family sponsorship category and priority dates | 7/27/2010 |
| Q: my sister's petition for me and my family for 1-130 f4 category has just been approved,what is the ... A: The priority date (when the I-130 petition was initially filed with the USCIS, formerly the INS) ... | |
| F2 or F1 to H1B | 7/26/2010 |
| Q: My husband is going to go to US on F1 for an MBA in FALL 2011. I have already done a MS from US in ... A: If you find a suitable job offer in the U.S. where the employer is willing to file an H1B petition ... | |
| H1B 7th Year Extension | 7/25/2010 |
| Q: Ajay, I have the following question with regards to my H1B Visa. I am currently on the 3rd year of ... A: The GC process is independent of your current nonimmigrant visa status. Since H visa status allows ... | |
| Marriage sponsorship procedure | 7/25/2010 |
| Q: I married my wife last month while she was on a tourist visa. It was a spur of the moment thing. She ... A: Yes, the I-130 can be filed even while she is in the U.S. Incidentally, she can also adjust status ... | |
| Marriage sponsorship procedure | 7/25/2010 |
| Q: I married my wife last month while she was on a tourist visa. It was a spur of the moment thing. She ... A: Yes, the NVC will submit instructions as to the appointment procedure with the U.S. Consulate and ... | |
| Marriage to U.S. Citizen | 7/23/2010 |
| Q: I am remarrying my ex-husband who is an Indian Citizen, I am US citizen. However, I am planning on ... A: If you divorced your first husband, and then obtained U.S. citizenship through marriage to your new ... | |
| H4 to H1 transfer | 7/23/2010 |
| Q: My son is currently US on H4 since 2007 when he joined MBA program. Prior to that he worked in US ... A: Your son is not subject to the visa cap since he held H1B status within the past six years. He can ... | |
| H1B for real estate position? | 7/23/2010 |
| Q: I did my B. Arch in India and then completed my masters in architecture in US. After that I worked ... A: H1B petition requires filing for a specialty occupation, i.e., an occupation which requires the ... | |
| F1 Visa and LLC with offshoring | 7/22/2010 |
| Q: A friend and I are planning to register one of our website/ideas as an LLC as it involves buying and ... A: Anyone in any status can own a company in the U.S. and be a passive investor, etc. However, F1 ... | |
| Visa for mother in law | 7/22/2010 |
| Q: I need to find out how to bring my Russian mother in law to the USA for a visit. Here is a little ... A: Since it is extremely unlikely that the U.S. Consulate in Russia will issue a visitor visa to your ... | |
| H4 to H1B (while H4 is under extension) | 7/22/2010 |
| Q: I'm currently On H4 status and it is filed for extension along with my spouse's H1-B.Recently i got ... A: There is no problem in changing status from H4 to H1B if the I-94 in connection with H4 has not yet ... | |
| H4 extension while H1B transfer to another employer | 7/21/2010 |
| Q: I want to know the procedure for H4 extension/transfer for my wife. I am i an situation that my ... A: H4 application is signed by the dependent, and it can be submitted concurrently with the H1B ... | |
| H1B Approval and Proof | 7/21/2010 |
| Q: I currently live and work as a contractor in the US under a E-2 visa. I'm due to be come an ... A: If the H1B approval notice (Form I-797) states that you have been granted "change of status", then ... | |
| F-1 Student and employment | 7/21/2010 |
| Q: I am currently an F-1 student and do not have any off campus work authorization. I was wondering if ... A: It is OK to be an investor in a company. However, you should not be involved in day-to-day ... | |
| CSPA | 7/21/2010 |
| Q: Does the CSPA allows us to substract the time taken in processing the I-130 petition filed by our ... A: Your interpretation is correct. For example, if you are 22 years old, and the time taken to process ... | |
| H1b extension and transfer | 7/19/2010 |
| Q: My H1b Visa is Filed at USICS. I have the file number also. 1. Can I change employer before my H1B ... A: First scenario: Co. B can file H1B petition requesting extension of your status. It is best if this ... | |
| K1 or K3 | 7/19/2010 |
| Q: Attorney Ajay, Thanks for your answer to my earlier question. I have two more questions 1. My ... A: I would recommend K1. A formal engagement is not required, as long as there is an intention to marry ... | |
| H1 transfer approved without I-94 | 7/16/2010 |
| Q: I am working for company A, I applied for H1 transfer through company B.I submitted all the required ... A: Since grant of extension of status (EOS) requires that you have been in the U.S. when Co. B filed ... | |
| Follow to join visa for spouse | 7/15/2010 |
| Q: I was granted an employment based visa (EB3) last year, a few months after i had gotten married. ... A: I recommend that I-824 http://www.uscis.gov/files/form/i-824.pdf be filed with the USCIS and upon ... | |
| I-140 priority date current and I-485 | 7/14/2010 |
| Q: I had approval on my I140 on May 30/2006 and in July/2007 I sent my I485(it was current date back on ... A: EAD allows you to work anywhere. However, I recommend that you also continue to work for the ... | |
| H1B visa transfer | 7/14/2010 |
| Q: I am on H1b visa . My visa is going to expire.I need to transfer my visa and i have pending ... A: H1B petition through Co. B can be filed anytime (whether you are in the U.S. or not) and it should ... | |
| L1 to J2 | 7/14/2010 |
| Q: I am presently in the US working for a company X on L1B visa and my spouse is in the US on J1 visa. ... A: To change status from L1B to J2 within the U.S., Form I-539 must be properly filed with the USCIS: ... | |
| Employers change of address | 7/14/2010 |
| Q: My Employer moved to a different address in the same city and state, Where as my LCA and I-129 ... A: Since your place of employment is in the same metropolitan area, a new LCA and amended H1B petition ... | |
| H1B visa transfer | 7/13/2010 |
| Q: I am on H1b visa . My visa is going to expire.I need to transfer my visa and i have pending ... A: To be granted extension of status by the USCIS within the U.S., you would need to submit recent pay ... | |
| I-797 | 7/13/2010 |
| Q: hi i just receive a I-797 notice of action and i need to know what does it mean? A: The I-797 is issued by the USCIS on the basis of the filing of a petition or application. It is ... | |
| Adjustment of Status | 7/12/2010 |
| Q: My wife (US citizen) and I have been married for about 6 months now. I came to the US on an F-1 visa ... A: Your marriage remains legal and valid even if you reside in separate countries. K1 visa category is ... | |
| Visitor visa status extension | 7/12/2010 |
| Q: When I entered America having B1 visa for on the job training, I was allowed to stay for 3months. ... A: You are able to remain legally in the U.S. until Nov. 18, since the application was filed prior to ... | |
| Mother-in-Law Visa Options | 7/12/2010 |
| Q: My wife is near completing her 2-year conditional Green Card to permanent Green Card Process and has ... A: Since your wife can sponsor a parent only when she becomes a U.S. citizen, the mother should apply ... | |
| I-140 priority date current and I-485 | 7/12/2010 |
| Q: I had approval on my I140 on May 30/2006 and in July/2007 I sent my I485(it was current date back on ... A: As the priority date (PD) was current only for one month in July, 2007, the USCIS allowed filing of ... | |
| I-140 priority date current and I-485 | 7/11/2010 |
| Q: I had approval on my I140 on May 30/2006 and in July/2007 I sent my I485(it was current date back on ... A: The I-485 will be automatically approved only if the priority date is current. Further information ... | |
| Change of Status from H1B to F1 | 7/10/2010 |
| Q: I am in USA on h1b visa but i don't have any project so my payroll is not running from past 4-5 ... A: In order to change from one nonimmigrant status to another within the U.S., you need to show that ... | |
| F1 to GC marriage to US Citizen | 7/10/2010 |
| Q: I entered US under F1 visa. I have been here for four years and got married to US citizen and we ... A: You are currently in F1 student status, but you will be violating this status if you discontinue ... | |
| GC through student visa | 7/10/2010 |
| Q: I would like to know if a student visa after course completion can apply for the green card or if ... A: If you are sponsored by an employer in the U.S. for PERM as per www.h1b1.com/laborcert.htm you will ... | |
| Fiance visa and marriage | 7/9/2010 |
| Q: Normally, how long does it take for fiance visa to be granted? I understand that applicant and the ... A: Allow several months for the I-129F petition filed by the U.S. citizen fiance to be approved by the ... | |
| Renewed H1B valid but no visa stamp | 7/9/2010 |
| Q: My situation is that I have worked in the US for 2 yrs and while my stay in the US I changed my ... A: As the new employer is not requesting extension of status when filing H1B petition, recent pay stubs ... | |
| H1B from J1 and change of status | 7/9/2010 |
| Q: I'm on J1 visa which expires on 23rd July & I got the waiver too.I got H1B visa sponsor but my que. ... A: Since there is normally only a 30-day grace period in J1 status, and since I am assuming that the ... | |
| visitor visa for my spouse | 7/8/2010 |
| Q: I'm a U.S. citizen currently living and working in Honduras. I am planning to get married to a ... A: U.S. Consulates will typically issue a visitor visa if the applicant has not evinced an intention to ... | |
| H1 B transfer while outside USA | 7/8/2010 |
| Q: I have a H1 B right now with company A and company B has given be a better offer, so I would like to ... A: Co. B can file H1B for you irrespective of whether or not you are in the U.S. at time of filing or ... | |
| Renewed H1B valid but no visa stamp | 7/8/2010 |
| Q: My situation is that I have worked in the US for 2 yrs and while my stay in the US I changed my ... A: The new employer should file H1B petition for you. Upon approval by the USCIS, you should apply for ... | |
| immigration sec. 245(i) | 7/7/2010 |
| Q: iam us citizen and i have filed pitition for my brother back in 2003 we have recieved priority date ... A: If your brother will file adjustment of status under sec. 245(i) based on the F4 petition that you ... | |
| immigration sec. 245(i) | 7/7/2010 |
| Q: iam us citizen and i have filed pitition for my brother back in 2003 we have recieved priority date ... A: Since it appears that either an application for labor certification or immigrant petition was filed ... | |
| K-1 Divorce | 7/6/2010 |
| Q: My friend came to this country 9 years ago with her son as K-1 and K-2. They got the social security ... A: Your friend would have been required to marry her fiance within 90 days of entry to the U.S., and ... | |
| Husband's status | 7/5/2010 |
| Q: I have been with my husband for 8 1/2 years and been married for 5 years, we have two kids together, ... A: Unfortunately, since your husband entered the U.S. illegally, he will be unable to adjust status in ... | |
| Question about PERM | 7/3/2010 |
| Q: Arora, Thank you for reading my message!! Also, thank you for answering my previous query about, ... A: In general, it is best to keep the qualifying requirements to a minimum in order to make the ... | |
| H Visa limit for 6 years | 7/2/2010 |
| Q: My wife was on H1B visa for more than 6 years (she dropped out of the green card process and ... A: The general rule is that an individual can spend 6 years in H1B status plus 6 years in H4 staus. ... | |
| Immigration visa or green card through family | 7/1/2010 |
| Q: I am 29 years old married, having husband and two kids elder son is 7 yrs and younger son is 1 years ... A: If your brother is a U.S. citizen, he can sponsor you and your spouse/children in the 4th family ... | |
| Prevailing Wage, PERM and I-140 | 7/1/2010 |
| Q: Arora, Thanks a lot for reading my message!! The prevailing wage for my PERM had a validity period ... A: You can rely on the prevailing wage. Since the offered wage is not a lesser amount than the ... | |
| PERM transfer to different location | 6/29/2010 |
| Q: I am working in a hospital. My perm has been approved. My I 140 has not been filed yet. Can I ... A: The recruitment for U.S. workers that was conducted as part of PERM preparation was conducted for a ... | |
| cross chargeability | 6/29/2010 |
| Q: My brother is US citizen. I am about to marry a Japanese girl. Can I use cross chargeability? How ... A: Yes, cross-chargeability will apply in employer sponsorship case as well once you are married. EB2 ... | |
| cross chargeability | 6/29/2010 |
| Q: My brother is US citizen. I am about to marry a Japanese girl. Can I use cross chargeability? How ... A: Yes, cross-chargeability will work. However, the visa availability date in the 4th family preference ... | |
| H4 Visa | 6/29/2010 |
| Q: Our Marriage was a Court Marriage and we do not have Marriage Photos or Invite. But we do have the ... A: Marriage certificate is required as evidence of legal marriage. Marriage photos and marriage ... | |
| EAD (contd) | 6/28/2010 |
| Q: Arora, (again!) I've been told my previous question was too long to be answered by the service. So ... A: Correct, there is no practical way to obtain work permit before you start job hunting. You require ... | |
| EAD | 6/27/2010 |
| Q: Arora, (again!) I've been told my previous question was too long to be answered by the service. So ... A: Employment authorization in the context of your email is obtained through the filing by the U.S. ... | |
| H1B transfer issue | 6/27/2010 |
| Q: i have working on h1b with compant A. i got a job offer from company B ( a consulting company) for a ... A: Co. B has no valid claim against you, and thus is extremely unlikely to file a lawsuit. Also note ... | |
| L1 to B1 | 6/25/2010 |
| Q: I'm currently in US on L1b.My employer just confirmed that i'll have to move back to India, as ... A: You can change status from L1B to B2 (visitor visa status). It is important for the change of status ... | |
| H1B visa for real estate agent | 6/23/2010 |
| Q: I am currently in my OPT that will expire in 7 Oct, and I am applying for an H1B visa as a marketing ... A: H1B regulations state that the offered position be a specialty occupation requiring completion of a ... | |
| Family based immigration | 6/22/2010 |
| Q: My mother who is a citizen filed I130 for me in 2003. I entered US in 2002 using H1 visa. My H1 visa ... A: As your mother sponsored you after April 30, 2001, you are not covered under sec. 245(i). Thus, you ... | |
| 4th family sponsorship category | 6/21/2010 |
| Q: My brother has been living in America for 4 years and he will get the American nationality within ... A: Once your brother is a U.S. citizen, he can sponsor you (along with your family) in the 4th family ... | |
| J1 canidate in USA | 6/21/2010 |
| Q: i have a canidate whose visa is going to expire in sept can you help to stay back there thanks A: If you are not subject to the two-year home country requirement, you can change status to visitor ... | |
| Marriage to U.S. Citizen | 6/20/2010 |
| Q: Can a person that came to the United Stated legally on a visa, but stayed after it expired, (thus ... A: Yes, since you initially entered the U.S. legally (even though I-94 has expired), all sponsorship ... | |
| H1B transfer in parallel | 6/19/2010 |
| Q: I am working for mechanical consulting firm A and they placed me in one of their client. I got offer ... A: As you are still currently employed by Co. A., Co. C should file H1B petition for you before Co. A ... | |
| H-1B transfer and withdraw I-485 | 6/19/2010 |
| Q: Arora, My husband's employer filed for green card under EB1 (OR) category. I-140 got approved and ... A: If the employer that filed the EB1 petition is still offering your husband permanent employment upon ... | |
| H1B to F1 to I140 | 6/18/2010 |
| Q: came as a student in July 2000 and spent 4 years doing my BS from PSU. Have been in job since June ... A: I-140 must be filed within 180 days of certification of PERM (also known as application for labor ... | |
| L1 to H1 visa | 6/18/2010 |
| Q: I am currently in USA on L1B visa for Company A. I got an employment offer from company B, but they ... A: Co. B would file H1B petition for you. Your signature is not required anywhere on the H1B petition ... | |
| Extension of I94 | 6/17/2010 |
| Q: I am on H4 visa accompanying my husband who's on H1. His I94 as well as visa is valid upto September ... A: An application to extend your H4 status should be filed with the USCIS prior to expiration of your ... | |
| adjustment of status | 6/17/2010 |
| Q: my girlfriend entered USA from Colombia a few years ago on a fiancee visa. She married her US ... A: Even though your fiance initially married the original sponsor of the fiance(e) petition within 90 ... | |
| J2 to H4 to H1B | 6/15/2010 |
| Q: I am currently on J2 visa that will expired on june 30th 2010. I already have my H4 starting from ... A: Once EAD expires on June 30, you cannot be employed again until Oct. 01, when H1B status takes ... | |
| Fiancee Visa | 6/15/2010 |
| Q: I am a Canadian citizen and engaged to an American citizen. I have previously lived in the U.S. ... A: Your earlier stay in the U.S. will be no impact on the fiancee visa process. Once the K1 petition ... | |
| US Citizen divorcing Permanent Resident | 6/13/2010 |
| Q: I am a Naturalized US Citizen and sponsored my husband when I was a permanent resident in 2003. He ... A: If you divorce, your husband would now need to wait 5 years after obtaining permanent resident ... | |
| L1 Visa | 6/12/2010 |
| Q: My employer is for an L1 Visa for me. Im married 2 years back and i am applied for divorce on Mutual ... A: If your name legally changes after divorce and/or marriage, I recommend that you obtain a notation ... | |
| Family Based Petition stauts change | 6/11/2010 |
| Q: My question is related to Family based petition for sibling. My wife is USC and she want to bring ... A: Your wife can sponsor now in F4 family category. Either parent, when a U.S. citizen, can sponsor in ... | |
| Family Based Petition change | 6/11/2010 |
| Q: My question is related to Family based petition for sibling. My wife is USC and she want to bring ... A: Your wife can sponsor her siblings in the F4 category. Similarly, her parents can sponsor their ... | |
| OPT & H-1B after Master's degree | 6/9/2010 |
| Q: Ajay K. Arora, I am in H-1B status (extended once, but never gone out of US after my bachelor's) ... A: You will obtain new OPT after graduating from master's course of study. However, as a general rule ... | |
| EB1 ET Greencard | 6/9/2010 |
| Q: Greetings! My husband and I used to work in the US on H-1B Visa’s and our GC was also filed through ... A: The EAD application is signed and filed by the applicant who either entered the U.S. on L2 visa ... | |
| EB1 ET Greencard | 6/9/2010 |
| Q: Greetings! My husband and I used to work in the US on H-1B Visa’s and our GC was also filed through ... A: The EB1 can be filed directly by the employer without any requirement to file L1. After approval of ... | |
| L1 to H1 and GC | 6/8/2010 |
| Q: I am currently in L1 visa (currently running 5.5 yr out of 7 yrs). I had filed H1 visa in 2008 and ... A: You can activate H1B status by applying for H1B visa stamp at a U.S. Consulate in your home country ... | |
| Green card through parents | 6/7/2010 |
| Q: Mr. Arora, I am 23 years old, graduated from college in the US this year, and I am currently still ... A: Since your parents are green card holders, they can sponsor you in the 2nd family preference ... | |
| Green card | 6/7/2010 |
| Q: We moved from Northern Ireland to California in March. My husband has a job with a company here and ... A: There is no problem if you apply for DV (green card) lottery. Indeed, both you and your husband can ... | |
| Re-entering U.S after staying abroad for 1 year | 6/7/2010 |
| Q: My mom-in-law is 79 years old. she is Green card holder. She went to India on 5/26/2009. She wants ... A: I am assuming that your mother-in-law does not have re-entry permit. Thus, unless she has a ... | |
| U.S. Citizen sponsoring Parent | 6/6/2010 |
| Q: I've been an US Citizen since 2001. I'm looking to apply for a green card for my mom who's ... A: Since your parent is not currently in the U.S., you can only an I-130 petition with the USCIS at ... | |
| H1B transfer in parallel | 6/4/2010 |
| Q: I am working for mechanical consulting firm A and they placed me in one of their client. I got offer ... A: If there is an RFE received by Co. B., then copy of the RFE is adequate notice that Co. B's H1B ... | |
| H1B specialty occupation | 6/4/2010 |
| Q: I have a US masters degree in Accounting. If I got a job as a QA Analyst can the company apply for ... A: If the company states that the minimum requirement is a master's degree, then the prevailing wage is ... | |
| H1B to L2 visa change | 6/3/2010 |
| Q: I am currently holding H1B visa and planning to quit job. My husband is in L1 visa, and I want to go ... A: Application to change status from H1B to L2 should be filed while you are still maintaining H1B ... | |
| L1 VISA INDIVIDUAL(PREMIUM) REJECTED | 6/3/2010 |
| Q: My L1 VISA INDIVIDUAL(PREMIUM) REJECTED yesterday. the reason they gave me is I lack Project ... A: Your company can file L1A or L1B petition again with the USCIS anytime. The USCIS application fees ... | |
| F1 to H1-B | 6/3/2010 |
| Q: Good night, This is a synopsis of my current situation: -- I completed my Undergraduate studies in ... A: The restaurant can file H1B petition for you, but the effective start date on the H1B approval ... | |
| I-130 Petition | 6/2/2010 |
| Q: my mother who is a us citizen petition my sister who is over 21 yrs old and married, does she really ... A: Your mother has filed for your sister in the 3rd family preference category. Information about ... | |
| H1b quota questions | 6/2/2010 |
| Q: 1.I understand that , H1b fresh consular petition or change of status from L1b to H1b can be applied ... A: The H1B petition can be filed requesting change of status even after Oct. 01, 2010 if the visa cap ... | |
| H4>H1 221(G) ADM. PROCESSING>H4 | 6/1/2010 |
| Q: My last H4 visa was stamped till April 2010. But I have extension filed by my husband's employer ... A: It should be OK to apply for H4 visa stamp at the Consulate. Incidentally, please note that H4 ... | |
| Can an F1 visa holder maintain his status after marrying a US citizen? | 6/1/2010 |
| Q: I am a US citizen. My fiancee is in the US on an F1 visa from Iran and has been studying here for ... A: Normally the immigrant petition and adjustment of status application (along with other applications ... | |
| Adjustment of Status | 5/29/2010 |
| Q: My wife (US citizen) and I have been married for about 6 months now. I came to the US on an F-1 visa ... A: I suppose that you have EAD (employment authorization document) based on OPT or otherwise as result ... | |
| RE-entry in B1 visa | 5/26/2010 |
| Q: Im came to US a month ago in B1 Visa initiated by my company and my I94 expires on July 20 and my ... A: You appear to have a multiple entry visa. Thus, if you depart the U.S. you can enter again on your ... | |
| Criminal record / green card aplication | 5/26/2010 |
| Q: My girlfriend ( she is a U.S citizen ) and I ( claudio ) are making plans to get married and then ... A: As long as the U.S. citizen spouse is not in jail at this time (and thus unable to attend marriage ... | |
| H1B approval date/flying back | 5/25/2010 |
| Q: 1.If my employer applies for H1b in premium processing, is it possible that the H1b effective date ... A: Since your L1B status expires prior to October 01, 2010, the USCIS will approve the H1B petition but ... | |
| Renewal of expired L1 Status | 5/25/2010 |
| Q: I visited US in 2001 on B1-B2 visa with my family. Changed status to L1A to me and L2 for my family ... A: There is a maximum of seven years allowed in L1A status. The seven year clock starts again if one ... | |
| U.S. citizen child sponsor Parent? | 5/25/2010 |
| Q: My sister is an unmarried non-immigrant currently residing outside US. She has a 7yr old daughter ... A: A U.S. citizen child can sponsor a parent when the child is 21 years of age or older. Information ... | |
| H1B approval date/flying back | 5/25/2010 |
| Q: 1.If my employer applies for H1b in premium processing, is it possible that the H1b effective date ... A: Yes, you should depart the U.S. when your L1B status expires, since H1B status will not take effect ... | |
| H1B approval date | 5/25/2010 |
| Q: 1.If my employer applies for H1b in premium processing, is it possible that the H1b effective date ... A: The start date on H1B approval notice will still be October 01, unless (although this is unlikely ... | |
| Expired Green Card | 5/24/2010 |
| Q: My grandmother's green card and visa expired while she was out of the country. The reason why she ... A: If your grandmother is a permanent resident (green card holder), then normally any absence from the ... | |
| L1B I-94 expiring in 4 months | 5/24/2010 |
| Q: My L1-B is valid till Jun 2011. However, my I-94 is due to expire in Sep 2010. I have the following ... A: Yes, you must depart the U.S. within 10 days if the I-94 expired and then the extension was denied. ... | |
| Travel and Work | 5/24/2010 |
| Q: my petition for H1-b has been approved. Here's my situation: My husband and kids are on F-1 and F2 ... A: Yes, our law firm can prepare F2 to H4 application so that the dependent receives H4 status from the ... | |
| Travel and Work | 5/24/2010 |
| Q: my petition for H1-b has been approved. Here's my situation: My husband and kids are on F-1 and F2 ... A: OK, since you already have unexpired B2 visa stamp in passport, go ahead and enter on existing B2 ... | |
| Travel and Work | 5/24/2010 |
| Q: my petition for H1-b has been approved. Here's my situation: My husband and kids are on F-1 and F2 ... A: I recommend applying for F2 visa stamp at the nearest U.S. Consulate in your home country to enable ... | |
| Marriage to U.S. Citizen | 5/24/2010 |
| Q: I am basically from India and from the last 8 Yrs I m residing in US and I have the US Citizenship. ... A: The K3 petition should be filed with the USCIS after marriage takes place as per your plans in ... | |
| L1B I-94 expiring in 4 months | 5/23/2010 |
| Q: My L1-B is valid till Jun 2011. However, my I-94 is due to expire in Sep 2010. I have the following ... A: In order to remain legally in the U.S. after Sep. 2010, your company would either need to file L1B ... | |
| EB3 to EB2 | 5/22/2010 |
| Q: Is there an option to upgrade the processing from EB3 to EB2 category provided we get some high ... A: EB3 cannot be changed to EB2 after PERM (also known as application for labor certification) is filed ... | |
| Marriage sponsorship | 5/21/2010 |
| Q: She started her immigration process about a week ago and so far she has filled these applications: ... A: If the sponsoring spouse is a U.S. citizen, all applications and petitions should be filed ... | |
| H1B stamping process after I-94 expiry | 5/21/2010 |
| Q: I'm on L1-B currently, but my I-94 is due to expire in July, 2010. A potential employer is ready to ... A: Due to visa cap, the employment start date on H1B approval notice issued by the USCIS will be ... | |
| H1B Transfer when entry on B1 | 5/20/2010 |
| Q: Ajay, Firstly let me apprise you of my current H1-b situation. My H1-b petition was approved as of ... A: You are currently in B1 status, since your entry to the U.S. in B1 visa status is the "latest ... | |
| L1 to H1 transfer questions | 5/20/2010 |
| Q: 1.Can we do L1 to H1 transfer, i.e. get a new I - 94, instead of having to go to india for stamping ... A: Yes, you can change status from L1 to H1B. When granted change of status by the USCIS, you will not ... | |
| Student status after I-485 filed | 5/20/2010 |
| Q: I have an approved I140, EAD, Advance Parole and a pending I-485 that I received when I used to work ... A: You must be in the U.S. for advance parole to be extended. And it is true that F1 visa stamp is ... | |
| Student status after I-485 filed | 5/19/2010 |
| Q: I have an approved I140, EAD, Advance Parole and a pending I-485 that I received when I used to work ... A: The green card process is not stopped (unless the employer has revoked the I-140 petition) simply ... | |
| Aged out derivative beneficiary of approved I-130 | 5/19/2010 |
| Q: My mother petitioned my sister and her children via I-130 in DEC 1991. The I-130 was approved in FEB ... A: Since he appears to have aged out, a separate I-130 is needed. He will be grandfathered, but he will ... | |
| Aged out derivative beneficiary of approved I-130 | 5/19/2010 |
| Q: My mother petitioned my sister and her children via I-130 in DEC 1991. The I-130 was approved in FEB ... A: Since the I-130 was approved in 3 months, it is unlikely that this derivative beneficiary was less ... | |
| I-485 vs consular processing | 5/18/2010 |
| Q: first of all thank you for your time My I-140 for future employment(company B) got approved. i am ... A: H visa status allows for intention to immigrate to the U.S., so the Consulate should issue you the ... | |
| US citizen petition brother | 5/18/2010 |
| Q: I am a US citizen and I have petition my brother back in 2002, we have received a priority date ... A: Since you filed for your brother after April 30, 2001, he is not covered under Sec. 245(i) and thus ... | |
| N-400 Travel abroad while legal resident | 5/18/2010 |
| Q: I am helping my wife fill in the N-400. We have traveled abroad a lot on various vacations in the ... A: The time spent abroad is important if any single absence was 180 days or over, as lengthy absences ... | |
| re-entering the U.S. | 5/18/2010 |
| Q: My ex-husband was forced to leave the U.S. while we were married and attempting to obtain a spousal ... A: Even if your husband has an unexpired visitor visa stamp in the passport which predates his bar to ... | |
| re-entering the U.S. | 5/18/2010 |
| Q: My ex-husband was forced to leave the U.S. while we were married and attempting to obtain a spousal ... A: Your husband may be subject to the 3-year or 10-year bar to entry to the U.S. based on being out of ... | |
| Australian F1 marrying US citizen | 5/18/2010 |
| Q: I'm an Australian, currently residing in the US. I've recently completed my doctorate degree in the ... A: Once you are married to a U.S. citizen, all sponsorship paperwork can be filed concurrently ... | |
| reg L2 visa extension | 5/17/2010 |
| Q: I work for company A on L1B.My L1B visa expires on Oct21st 2010,I have I-94 valid till Dec ... A: Your spouse can apply for L2 extension of status with the USCIS up to 180 days prior to Oct. 21, ... | |
| H1B for 2010 | 5/17/2010 |
| Q: I am planning to travel in H4 visa next month. After coming there, can I find an employer and apply ... A: The cap is open, and thus you can apply for change of status from H4 to H1B if you find an employer ... | |
| I-130 approved ..what next ? | 5/16/2010 |
| Q: My brother applied (for sister) I-130 in June, 2002 and it was approved in Oct, 2009. What is the ... A: It is not possible to predict visa availability dates...please check the visa bulletin every month. ... | |
| I-130 family based petition | 5/16/2010 |
| Q: My family already migrated to the US with an F4 petition and Im the only one left since im over 21 ... A: There is really no appeal of a consular decision by U.S. courts (due to jurisdictional issues) to ... | |
| Volunteer Work Before OPT | 5/16/2010 |
| Q: I am an international student in the US and I graduate in May 2010. However I have applied for my ... A: It is OK to "volunteer" only if the duties that are performed are not duties that are normally ... | |
| H4 Application | 5/15/2010 |
| Q: if my petition gets approved on May 24th, when can I go for visa stamping? My address in my petition ... A: There is no application to be filed with the USCIS, as your dependents are not currently in the U.S. ... | |
| I-130 family based petition | 5/15/2010 |
| Q: My family already migrated to the US with an F4 petition and Im the only one left since im over 21 ... A: Since the Consulate did not issue you an immigrant visa to join your family as you had "aged out", ... | |
| F-1 Visa and Marrying an American | 5/15/2010 |
| Q: I am in a bit of an interesting situation. I am a canadian citizen, my fiance is a dual citizen of ... A: It appears that you and your fiance are in no hurry to be married. Therefore, I suggest entering the ... | |
| H1B visa stamping | 5/15/2010 |
| Q: if my petition gets approved on May 24th, when can I go for visa stamping? My address in my petition ... A: If the Consulate allows you to schedule an appointment in June, you can go for visa stamping at that ... | |
| H1B visa stamping | 5/15/2010 |
| Q: if my petition gets approved on May 24th, when can I go for visa stamping? My address in my petition ... A: I am assuming that the employment start date on the H1B approval notice issued by the USCIS is ... | |
| Change of status from J2 | 5/14/2010 |
| Q: I have two separate questions. I'm in the US with my family. My husband has been offered a job but ... A: I am assuming that you were not subject to the 2 year home country requirement in J1. If you were, I ... | |
| Work Permit Renewal | 5/14/2010 |
| Q: I have a status adjustment application pending at USCIS. My current work permit expires this month. ... A: Yes, I-765 is the correct form. You can file up to 120 days prior to expiration of current ... | |
| B1 B2 visa | 5/14/2010 |
| Q: I have been in the states for just under 6 months and left recently to go to a job for 9 days in ... A: There could be a problem in entering the U.S. after spending so much time in the previous visit and ... | |
| hardhip waiver (follow up question) | 5/14/2010 |
| Q: "Thank you for your quick response. I understand that I will be able to adjust my status when my ... A: You can file hardship waiver when priority date is current, if your husband remains a permanent ... | |
| F1 Visa to GC and AOS | 5/14/2010 |
| Q: .. I am an international student here with an F1 visa status. It has almost been 3 yrs since i was ... A: I would suggest filing adjustment of status (AOS) through Form I-485, suitable for persons already ... | |
| dating while awaiting green card | 5/13/2010 |
| Q: I recently started dating someone who has a H1B visa and has obtained labor certification. He has ... A: The family of this person will receive their green cards at the same time, but if an action for ... | |
| H-1B and B2 | 5/13/2010 |
| Q: I got my H1B visa stamped but I can't start working until the 1st of October. Can I enter the US in ... A: If you already have tourist visa (B1/B2) stamp in passport, you can enter the U.S. as per your plan. ... | |
| H4 - H1 - H4 | 5/13/2010 |
| Q: I came to US on a valid H4 visa which is valid till sept 2010. Moreover in between i got the job ... A: You are currently violating H1B status as you are not employed by your sponsoring H1B employer. ... | |
| Widthraw the Greencard for my spouse | 5/13/2010 |
| Q: I got the greencard under my company sponsorship in 2009. Now we all got 10 years green card. ... A: Since the green card was based on employer sponsorship, one spouse (even the principal beneficiary ... | |
| hardhip waiver (follow up question) | 5/13/2010 |
| Q: "Thank you for your quick response. I understand that I will be able to adjust my status when my ... A: Waiver will not help unless the priority date is current. Therefore, waiver is relevant only if both ... | |
| H1B start date - 1 October? | 5/13/2010 |
| Q: I am talking to a potential employer who is considering sponsoring me with a H1B visa. However, we ... A: Correct, you have not violated any status since you departed the U.S. at time of termination of ... | |
| I-130 approved ..what next ? | 5/13/2010 |
| Q: My brother applied (for sister) I-130 in June, 2002 and it was approved in Oct, 2009. What is the ... A: You will need to wait for the priority date for the F4 (4th family preference) category to be ... | |
| J-1 question | 5/12/2010 |
| Q: I am a Croatian citizen and currently in the US on OPT and have 2 jobs (one only part time on the ... A: The Form DS-2019 issued by the J1 employer should make note of the scope of your J1 activities ... | |
| H1B start date - 1 October? | 5/12/2010 |
| Q: I am talking to a potential employer who is considering sponsoring me with a H1B visa. However, we ... A: Unless you are going to be employed by a cap-exempt H1B employer (if you will be employed a college ... | |
| H1B - # of days stay in US after resigning | 5/12/2010 |
| Q: I work for one of the Indian companies and came to US through H1B. My H1B is still valid and is ... A: You can legally remain in the U.S. for up to 10 days after termination of your employment. Thus, ... | |
| hardhip waiver | 5/12/2010 |
| Q: My husband filed a stand alone I-130 application for me in March 2008. Notice of approval does not ... A: You cannot adjust status at this time for two reasons: your I-94 has expired, and your priority date ... | |
| H1B Remainder period | 5/12/2010 |
| Q: My husband's H1B extension was approved in Oct 2009 and is pending for stamping. He was physically ... A: The six year clock for H1B status is only for periods physically in the U.S. under H1B status. Thus, ... | |
| AC 21 Letter | 5/12/2010 |
| Q: My priority date for EB3 is in 2007 and it may take several years. I wish to transfer to other ... A: I am assuming that your I-140 petition is approved, and that I-485 has been pending with the USCIS ... | |
| J-1 question | 5/11/2010 |
| Q: I am a Croatian citizen and currently in the US on OPT and have 2 jobs (one only part time on the ... A: J1 status is employer specific to the employer who has issued you Form DS-2019, and thus you cannot ... | |
| F1 option with approved I140 | 5/10/2010 |
| Q: Am I eligible to apply for F1 visa since I have an approved i-140. I have been on bench also, so ... A: F visa status does not allow for intention to immigrate to the U.S., and thus the change of status ... | |
| EB3 for RNs | 5/10/2010 |
| Q: can a registered nurse with an Associate degree (educated in US) get a green card through EB3? How ... A: An immigrant petition can be filed by a small clinic as long as the clinic is capable of paying you ... | |
| Query about L1B petitions reg., | 5/9/2010 |
| Q: In April 2008, My L1B Blanket petition was rejected under "221G - Apply under a different category". ... A: Your company must file the H1B petition. You cannot self-petition. The filing of an L or H visa ... | |
| EB3 for RNs | 5/9/2010 |
| Q: can a registered nurse with an Associate degree (educated in US) get a green card through EB3? How ... A: You would need a job offer and the employer would file an immigrant petition for you in the EB3 ... | |
| Adjustment of status | 5/9/2010 |
| Q: My father is being petitioned by my grand-father. My family's case will be current soon. I am no a ... A: If you will be under 21 years of age when the priority date is current (see ... | |
| Naturalization/Citizenship | 5/8/2010 |
| Q: I am here in the USA since 2002 asylum granted in 2003. married in 2004 my wife had green card at ... A: Based on your marriage to a U.S. citizen, you can apply for naturalization 2 years and 9 months from ... | |
| 245i grandfathered provision | 5/7/2010 |
| Q: My brother filed I130 for me before April 30 2001 and the priority date is still not current. My mom ... A: If you were present in the U.S. prior to Dec. 21, 2000 when your brother filed I-130 for you, then ... | |
| H1 to F1 with paychecks but no paystubs | 5/7/2010 |
| Q: I got my H1 in Oct-09. I am receiving Paychecks every month but my employer is not withholding any ... A: Yes, you can make copy of the checks and they will be considered as paystubs by the USCIS. Generally ... | |
| J-1 to H-1B | 5/7/2010 |
| Q: I'm doing an internship with a J-1 visa and i have several questions: - Can I apply with another ... A: Since you are not subject to the 2-year home country requirement, an H1B petition can be filed for ... | |
| Visa waiver to AOS | 5/6/2010 |
| Q: I was born in Peru. I am US citizen. I am married with a japanese citizen. She was born in Brazil. ... A: Since your wife entered the U.S. legally, and she is married to a U.S. citizen, she can be sponsored ... | |
| Work visa | 5/6/2010 |
| Q: If a person has a work visa can they work with someone else? A: A work visa is normally employer specific. For example, H, L, O and other nonimmigrant ... | |
| arrest and K1 or adjustment of status | 5/6/2010 |
| Q: My boyfriend came to the United States on a tourist visa and stayed here for 5 months.During his ... A: If your boyfriend is still in the U.S., all marriage ponsorship paperwork can be filed concurrently ... | |
| I-130 in F2A, F2B category | 5/5/2010 |
| Q: i am in an f2 petition, from what i understand, f2 is an UMARRIED child 21 of a permanent resident. ... A: Go ahead and notify the National Visa Center that you are married. But even if you do not notify, ... | |
| Marriage to U.S. Citizen | 5/5/2010 |
| Q: ! I am an international student here in the USA with a F1 Visa. I will graduate with a Bachelors in ... A: You can be married anytime, and be sponsored by your U.S. citizen spouse as well anytime after ... | |
| I-130 in F2A, F2B category | 5/5/2010 |
| Q: i am in an f2 petition, from what i understand, f2 is an UMARRIED child 21 of a permanent resident. ... A: You and your family will not be able to immigrate based on F2 category, as you are now married. I ... | |
| Query about L1B petitions reg., | 5/5/2010 |
| Q: In April 2008, My L1B Blanket petition was rejected under "221G - Apply under a different category". ... A: Another L1B petition can be filed for you without prejudice, as each filing with new application fee ... | |
| GC processing and changing employers | 5/3/2010 |
| Q: My question is regarding utilizing EAD for employment. My EAD is with current employer and I was ... A: EAD allows you to work legally for any employer. Whether you green card process is still successful ... | |
| I-864 issue | 5/3/2010 |
| Q: On form I-864, the Affidavit of Support, it says: "If you included the income of the intending ... A: We suggest attaching current employment letter from employer verifying job title, salary, dates of ... | |
| Query related DS230 | 5/3/2010 |
| Q: I reside in Mumbai India and have got married in Jan 2010. My husband has US citizenship. I have ... A: Since you are not certain whether your husband will fly with you, it is OK to put "no" on the DS230 ... | |
| Student visa for US citizen spouse | 5/3/2010 |
| Q: I'm a US citizen living in mexico. I'm married with a mexican who want to go to study in the us. She ... A: Your spouse should apply for the student visa category (F1 visa stamp) at the nearest U.S. Consulate ... | |
| I-130 Process with NVC | 5/3/2010 |
| Q: I have filed 1-130 for my brothers and sister. The priority dates was Agust 2007 and petition just ... A: You will need to wait for the priority date to be current: www.h1b1.com/visawaiting.htm for the 4th ... | |
| Marriage sponsorship I-130 | 5/2/2010 |
| Q: I'm hoping that maybe you can help me with a query that I have. I would say that it is a very common ... A: Entry on visa waiver program (VWP) does not allow for intention to immigrate to the U.S. Thus, if ... | |
| Sponsoring Parent | 4/30/2010 |
| Q: I am applying for my father's green card , he is currently on visitor visa and in USA till August. I ... A: Your father can continue to remain legally in the U.S. without extending his I-94 as long as ... | |
| Sponsoring Parent | 4/30/2010 |
| Q: I am applying for my father's green card , he is currently on visitor visa and in USA till August. I ... A: A parent is considered an "immediate relative" if the petitioning child is a U.S. citizen. The ... | |
| L1 to H1B | 4/29/2010 |
| Q: I got H1B approval in 2007 and went for H1B stamping while I am in India and got approved. After ... A: Yes, H1B petition can be filed requesting change of status (COS). The H1B approval notice from the ... | |
| I140 and H1B stamping | 4/29/2010 |
| Q: first of all thank you for your time My question is 1)My employer recently filed for I140 and I am ... A: I-140 (petition for immigrant worker) filing will not affect H1B stamping, as H visa status allows ... | |
| H1B to Adjustment F2B category | 4/29/2010 |
| Q: Ajay,Good day. I find your site very informative and eager to ask specific questions that I can not ... A: H visa status is a dual-intent nonimmigrant visa category, allowing for intention to immigrate to ... | |
| H1B to F1--no paystubs | 4/29/2010 |
| Q: I am on H1 since 16 months and i don't have any pay stubs . Is there any option to convert it to F1 ... A: In order to change status from H1B to another nonimmigrant visa status within the U.S., you would be ... | |
| L1 to H1 | 4/29/2010 |
| Q: I got H1B approval in 2007 and went for H1B stamping while I am in India and got approved. After ... A: You can hold only one visa status at a time, and you are currently in L1 status since the "latest ... | |
| Visa waiver and status change | 4/29/2010 |
| Q: I'm planning to travel to US on VWS (Visa Waiver Program) while is it possible to change my status ... A: Entry in visa waiver program is for 90 days only. It is not possible to extend status or change ... | |
| Marriage sponsorship | 4/28/2010 |
| Q: I am a U.S. Citizen, and I will marry to an international student (F1) in two months. I want to ... A: It is OK if you are living separately, as long as the marriage is a bona fide marriage. Moreover, ... | |
| F1 financial requirement | 4/28/2010 |
| Q: For getting the visa done should I need to show the financial amount printed in I-20 or the amount ... A: You need to be able to show the full amount for the entire course of study (4 years in this ... | |
| B2 Visitor Visa - revisit | 4/27/2010 |
| Q: My mom is with me for 2 months on B2 and due to family emergency, she should leave now. Can I get ... A: If she has a multiple-entry, unexpired visa, she should be able to enter without any problem, esp. ... | |
| Naturalization and absence from U.S. | 4/27/2010 |
| Q: I'm a green card holder since feb 2008..i was stay in USA from feb 2008 till aug 2009 around 18 ... A: You must be physically present in the U.S. for more than 50% of the time in the 5 year window ... | |
| Unemployment pay/benefit for new Resident | 4/27/2010 |
| Q: I became a Permanent Resident some seven months ago, i feel that i may get laid off in some 2-3 ... A: There is no minimum income requirement to qualify for U.S. citizenship (also known as ... | |
| Green Card through Marriage | 4/27/2010 |
| Q: I was wondering if you could answer something for me. I've been engaged for a little over a year, my ... A: Your husband can sponsor you without any problem irrespective of his criminal record as long as the ... | |
| Can you start a company in the US on a tourist visa | 4/27/2010 |
| Q: I am traveling to the US on a tourist visa and I want to open a corporation while I am in the US and ... A: Anyone in any status can open a company. However, you cannot be legally employed by the company. ... | |
| 1-94 card correction | 4/26/2010 |
| Q: i came in the united states to visit my uncle, in california, i entered through miami, since it was ... A: It is important to have an I-94 issued at the port-of-entry into the U.S. in your possession as this ... | |
| I-130 and L1 visa | 4/21/2010 |
| Q: I have an approved I-130 on family petition for a visa and this has been approved pending ... A: When the I-130 is approved, and your priority date is current, if you are at that time in the U.S. ... | |
| Adjustment of status | 4/20/2010 |
| Q: Here is the situation, if i am from retrogressed country and my PD is not current , and try to use ... A: Your PERM and I-140 will continue to remain valid. Thus, if I-485 is denied, another I-485 can be ... | |
| Adjustment of statut through mariage | 4/14/2010 |
| Q: my name is Linda i came to the US in 2007 with F1 visa. i stopped going to school in 2008. in 2009 ... A: I suggest that you be sponsored by your U.S. citizen spouse immediately upon marriage. This will ... | |
| H4 visa processing (dependent in India) after H1 Transfer | 4/13/2010 |
| Q: Ajayji! Thanks for providing such a good forum to ask question. It would be great if you can ... A: When your family applies for H4 visa stamp at the U.S. Consulate, the Consulate will ask for ... | |
| filing the I-130 | 4/7/2010 |
| Q: On form I-130(question #15)on Information about your relative,it ask about "Name and address of ... A: The question should be answered in the affirmative with name and address of employer. As a practical ... | |
| B2 Visa Sponsorship | 4/6/2010 |
| Q: I came to USA along with my wife ten years ago (year 2000) on B1 Visa and found an employer who ... A: It is OK to send current passport only. You should attach in addition to the documents noted in your ... | |
| EB2 eligibility--PERM | 3/30/2010 |
| Q: If job requirement is EB2 eligible and I have 3 year bachelor degree followed by 2 year work ... A: I recommend filing PERM (also known as labor certification) under EB3. The USCIS does not allow ... | |
| H1B to Visitor visa status | 3/29/2010 |
| Q: I have been in the US since 2002 on an F1 which I then changed to H1 and worked for the past five ... A: You must continue to be employed by the H1B employer in order to maintain H1B status. There is only ... | |
| H1B Extension | 3/25/2010 |
| Q: Firstly let me thank you for providing us online help. I am currently on H1B1 work visa which ... A: The company does not normally need to advertising a position in a newspaper or on their bulletin ... | |
| H-1B-H4-H1B again | 3/23/2010 |
| Q: I was on H-1b and recently I was laid off. Then I converted to H4 . Now I got an offer and they are ... A: Although you are not subject to the H1B visa cap even though you are currently in H4 visa status, ... | |
| H4 turning 21 | 3/22/2010 |
| Q: My Husband is on an H1B. My son like me and my daughter are on H4's. We have lived in the USA for 10 ... A: Your son will automatically lose H4 status when he turns 21 years of age. Thus, he should change to ... | |
| Marriage to U.S. Citizen | 3/19/2010 |
| Q: I am married to a US citizen and he wants to petition for me and my children for permanent ... A: Since you are the person being sponsored, and since you personally do not have a criminal record, ... | |
| L1 to H4 | 3/18/2010 |
| Q: I'm working on H1-B Visa in US. My wife too is currently working in US on L1-B visa. She also has a ... A: It is not clear if your wife is truly on H4 status; this depends on the "latest action" by the ... | |
| H1B (Cap-Exempt) visa | 3/15/2010 |
| Q: I am currently in OPT (valid from August 1st 2009 to July 31st 2010), working as a "Research ... A: Your employer can file an H1B petition anytime, as this is a cap-exempt case due to employment by ... | |
| H1B after L1 ext. denied | 3/9/2010 |
| Q: Our L1b visa extension was denied on Mar 2 2010. Can you let us know if we can file a H1b visa ... A: Due to visa cap issues, an H1B petition can be filed by your employer no earlier than April 01, ... | |
| H-1B Denied | 3/4/2010 |
| Q: My H-1b got denied from one contract company. They are in the process of re appealing it. They are ... A: You do not need to inform the new company. The H1B petition filed by the new company will be ... | |
| Spouse Visit USA before I-130 filing? | 2/24/2010 |
| Q: I'm a US citizen who recently married to German Citizen ( Last month in EUROPE). We have not yet ... A: As a German citizen, your spouse can enter on visa waiver program for up to 90 days since an ... | |
| multiple H1B petition | 2/18/2010 |
| Q: It was very useful. I have one more follow up question. Here is my Situation. As I mentioned before, ... A: There is no problem with another H1B petition filed through a contract company irrespective of ... | |
| H-1b Denied | 2/16/2010 |
| Q: Recently my petition for H-1B denied. The reason is 1.Lack of proper evidence for the job which ... A: Appeals of H1B denials are rarely successful. Your best bet is for another H1B petition to be filed ... | |
| I-485 Adjustment of Status based on Marriage to U.S. Citizen | 2/10/2010 |
| Q: From that I understand that I should put my residency (They are asking for the past five years on ... A: Yes, it is OK to state Canadian residential address until date of marriage, at which point you ... | |
| Marriage to US citizen | 2/9/2010 |
| Q: I am a Canadian citizen. I came to US in October 2009 as a visitor. I had a long distance ... A: Since it is perfectly acceptable to reside with your husband after marriage, and since you are ... | |
| F1 married US citizen | 2/4/2010 |
| Q: I graduated in December 2009 and got married the same month. We're in the process of sending the ... A: It is important to answer questions truthfully when completing USCIS applications. The sponsorship ... | |
| I-140 premium processing and PERM | 1/28/2010 |
| Q: My 6 year h1b visa expires in oct 2011.This is including my vacation recapture period. Shall i ... A: I-140 filing based on approved PERM can be filed through premium processing. You are not required ... | |
| Marriage to Green Card holder? | 1/27/2010 |
| Q: I came in US like a tourist and I meet here my best friend from high school,we had feelings before ... A: You can get married, but sponsorship by a permanent resident (also known as a green card holder) ... | |
| Asylee to Citizen | 1/26/2010 |
| Q: I was granted asylum on sept. 25 2003 and one year later i applied for a green card, which took over ... A: You should wait for 4 years and 9 months from 02/22/2006 before applying for citizenship, as the ... | |
| H4 to H1 status | 1/19/2010 |
| Q: I was on H4 status and my spouse company had applied for H4 extension in last year December. ... A: Another H1B through the same employer (or any other employer) requesting COS from H4 to H1B is ... | |
| H4 to H1 status | 1/18/2010 |
| Q: I was on H4 status and my spouse company had applied for H4 extension in last year December. ... A: Since you can hold only one status in the U.S. at a time, and the latest action by the USCIS is ... | |
| US Citizen wants to remarry ex-wife | 1/13/2010 |
| Q: Good Day! I am a Naturalized US Citizen, i got my citizenship through marriage. I would like to know ... A: Yes, you can obtain divorce from your current wife through whom you obtained immigration benefits ... | |
| H1B married to PR | 1/11/2010 |
| Q: I am a H1B holder and will get married in 2 weeks to my fiance who is a green card holder for 4 ... A: You would need to maintain valid independent nonimmigrant status if you marry a green card holder; ... | |
| H1B on overseas assignment | 1/7/2010 |
| Q: I am currently under H1B status. If my employer post me on overseas assignment to Germany for 1.5 ... A: There is no minimum amount of time that you are required to be present in the U.S. in order to ... | |
| Returning Resident Visa | 1/4/2010 |
| Q: I am Liramie. I just want to have question about a returning resident visa. I married a U.S. citizen ... A: Since 2 years have elapsed since your last entry to the U.S., you are considered to have abandoned ... | |
| Green Card for Spouse | 12/28/2009 |
| Q: I recently got married with a woman with valid H1B Visa that will be expired in October 2010. The ... A: You can sponsor your wife without waiting for name to be corrected. On the sponsorship paperwork ... | |
| J1 visa waiver won dv lottery | 12/22/2009 |
| Q: I am doing fellowship in geriatric medicine. My husband is on J-2 and he recently won DV lottery. I ... A: In order for you to adjust status to permanent resident status, a waiver of the J1 two-year home ... | |
| File I-485 again based on new I-140 | 12/15/2009 |
| Q: I would like to get your opinion on my situation. Me and My husband submitted the 485 based on his ... A: The USCIS office noted on the I-485 receipt notice should be requested to interfile the new I-140 ... | |
| H1 B transfer | 12/14/2009 |
| Q: Please answer my questions. Right now I'm working for a non profit company (State Job) on my OPT (F1 ... A: If a company which is not subject to the visa cap (such as a non-profit research company, or a ... | |
| query on H-1B “Remainder” Option | 12/7/2009 |
| Q: Mr. Arora, I have been out of US for over an year. Before leaving US, I had consumed only 5 months ... A: You will not be subject to the visa cap again. You can apply for H1B visa stamp at a U.S. Consulate ... | |
| F-1 to permanent resident | 12/2/2009 |
| Q: I am currently filing my 1-495 and am also an F-1 commuting student. Can I file the status ... A: Although F1 status does not allow for intention to immigrate, I-485 can be filed without any ... | |
| H1B approval lost | 12/1/2009 |
| Q: I am a student and have a valid I-20 till December. My H-1B was approved about two months back. I ... A: Assuming that the approval notice states that you were granted "change of status" to H1B, you are ... | |
| H1B to H4 transfer back to H1B | 11/23/2009 |
| Q: I got my H-1B approved in July 2009 and got my I-797 along with the approval (which included the ... A: You are automatically in H1B status as of October 01, 2009. However, you are violating H1B status by ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 | |