| Subject | Date Asked |
|
| Husband's H4 stamping | 11/9/2009 |
Q: My husband was recently laid off from work. We applied for a COS to H4. That application is still ...
A: Mahima, If he leaves the country prior to approval of his COS the application would be considered ...
|
| L1 Visa | 11/4/2009 |
Q: I am indian citizen, working in US on L1B visa since april 2007, my visa is expiring in 31st dec ...
A: Muralidar, You do not need to leave the country after renewal. You can continue to work in the US on ...
|
| h4 to h1 to h4 | 10/19/2009 |
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: Jeedi, You can reenter the US on H-4. As you can hold only one visa status at a time, you will not ...
|
| H4 to H1 to H4 to H1 | 10/16/2009 |
Q: I came ot US ON H4 Visa later COS to H1B. Due to some perosnal reasons I went to for H1B stamping ...
A: Alekya, 1) As my H1B visa denied once already, still am i eligible COS to h1b with out respect to ...
|
| US Visitor visa | 10/12/2009 |
Q: this year I was arrested for having fake bus pass.. My concern is that I am on student visa in ...
A: Jill, From what you have stated it would seem that you were not charged with any offense. If this is ...
|
| H1b to COS to f1 | 10/10/2009 |
Q: Greetings, I urgently need clarification in the situation which I am facing. I am a student on a F1 ...
A: Shyam, It is not necessary for the H-1B to be revoked for you to affect the change to F status. You ...
|
| J1 visa and re-entry | 10/5/2009 |
Q: I worked on a j1 visa in US from jan 2007 till Dec 2008. I was though issued a 5 yr J1 (valid until ...
A: Mohammad, You do not need the waiver for entering the US on J visa. The waiver is required only if ...
|
| h1b activated before my h1b revoked | 10/2/2009 |
Q: I am on OPT now. On April this year, I applied h1b and my previous company send letter and revoked ...
A: Michael, You can file for a change to F-2 and the USCIS may or not excuse the gap in your status. If ...
|
| H1 Visa | 9/29/2009 |
Q: Currently, I am a teacher in a community college with my OPT visa (F-1 Visa). Just assume that my ...
A: Christy, You cannot apply for an H visa on your own. It can be only done through an employer. Also ...
|
| question regarding I-130, | 9/18/2009 |
Q: I have a few ques regarding forms I-130. I am a student on an F-1 visa and have married a US ...
A: Gayatri, Answers: Question 14 and 15 on the column under Information about your relative (that is ...
|
| more evidence req for removal of conditional status | 9/17/2009 |
Q: I have received notice from immigration that I have submitted insufficient evidence for my petition ...
A: Catharine, As you are filing for a green card you should have known that these documentation is ...
|
| Expat while being a legal US resident | 8/28/2009 |
Q: my name is Oscar and I'd like to know if while I'm a legal US resident, I can work as an Expatriate ...
A: Oscar, It would depend on how long you plan to stay outside the US. If if it is for over a year you ...
|
| H1b visa ending sept 30 | 8/18/2009 |
Q: My H1b visa is ending on sept 30 2009 .i am presently in india staying here from past 8 months .Is ...
A: Kumar, You can enter the US on your H-1B visa only if you have a bonafide job opening. Also I do ...
|
| Green Card Expire date | 8/16/2009 |
Q: If I have received the green card but I have still unfinished business in my own country, can I ...
A: Frans, You can leave to complete your unfinished business in your country. You are required to have ...
|
| visa status | 8/14/2009 |
Q: This My situation I have been studying in Maryland for 3 years and half on F-1 Visa while I was ...
A: Ken, Though it is not required to wait for two months for immediate relative application. I would ...
|
| time taken for a LPR to migrate to US | 7/27/2009 |
Q: i live in bombay,india,got married in sep 05 to a green card holder who had immigrated to US(NY)In ...
A: Manpreet, I cannot provide you with any exact time frame for obtaining your immigrant visa. As ...
|
| F2 to H1B | 7/13/2009 |
Q: I have a F-2 student dependent visa from India. I would like to convert it to H1B visa status. ...
A: Latika, To convert from F2- to H-1B you would need an employer to sponsor your H-1B visa to allow ...
|
| H1B status | 7/2/2009 |
Q: I have a H1B with a company and I had been to US and worked there for 2.5mths. The employer then ...
A: Manjunath, You cannot re-enter the US without a valid job offer. You are eligible to obtain a new ...
|
| benching with H1B | 6/1/2009 |
Q: It's several months now since I arrived early this year and I got my license already. My employer up ...
A: Kirsten, There is no need of a buyout or any such thing. Your employer is liable for all back pay ...
|
| H1-F2-H1 | 4/25/2009 |
Q: Mu husband who has a PhD from a US university currently holds a H1B visa and works as an assistant ...
A: Priyanka, He can change to F-2 and then back to H-1B without any difficulty. Further, if he ...
|
| ReMarriage in USA | 4/22/2009 |
Q: I have come in USA on B1/B2 visa.I got B1/B2 visa in 2006.At that time i was married and in ...
A: Dhruv, Based on the limited information you have provided, I believe that you are currently out of ...
|
| Re-entry after being away more than 365 days | 4/13/2009 |
Q: My wife is a green card holder for 12 years. We have been living abroad for 4 years now. Before we ...
A: Bruce, It is not sufficient to visit the US every year to maintain permanent residency. Even ...
|
| N400 Part10-G | 4/8/2009 |
Q: If you were a legal non-immigrant at the time of registering at SSS back 93 and you became legal ...
A: Mark, I cannot answer your question without knowing your age. But the general rule is that the ...
|
| F2 to H4 convirsion | 4/5/2009 |
Q: I am in USA on F1 status. My future employer filed my H1B on this 1st April 2009. I will start ...
A: Prashant, You can file for her H-4 as soon as your H is approved. During the time the change of ...
|
| travelling while theh1b visa in process | 3/30/2009 |
Q: Please help which advise I'm Ukrainian national who has a TD visa, and I-94,valid through August ...
A: Oksana, You cannot travel out of the country while your change of status is pending. It will result ...
|
| H1 B Transfer | 3/24/2009 |
Q: H1 transfer got query and my company submitted required docs but it denied. In March,24th my company ...
A: Vijay, The risk involved in staying during the appeal process is that if it is denied then you ...
|
| wanting to move to the US | 3/22/2009 |
Q: I am currently a student who is nearing completion of a BA Honours Degree in Business and ...
A: Natalie, The most common visa to work for an US employer is a H-1B visa. For this you need to have a ...
|
| H1 to F1 | 3/17/2009 |
Q: I have done my masters and my opt started since jan 2009. I am waiting for my admission in PhD which ...
A: Niket Patel, 1) You cannot get a refund of your H-1B processing fees. 2) You need to file for your ...
|
| working visa questions | 3/14/2009 |
Q: 1. When I get a working visa as associate dentist, how long can I apply for permanent green card ? ...
A: Tina, 1) Your employer can file for your green card at any time. 2) You are eligible to file for ...
|
| Interview | 3/12/2009 |
Q: I am applying for the citizenship interview. My question is: How much time will pass until I am ...
A: X, The processing time period varies depending on the state you live in and the USCIS office you ...
|
| Info request! | 3/9/2009 |
Q: I have come across your email address from allexperts.com and was eager to find some info regarding ...
A: Pradeep, Answers: 1) I am not sure about your employer "holding and not disclosing". So how do you ...
|
| Wedding... | 3/8/2009 |
Q: I am planning to marry my girlfriend who is in the country on an F1 visa now using an OPT period ...
A: Jim, You can get married after the grace period and file for your spouse's adjustment of status ...
|
| H1B visa transfer while working in current company | 3/8/2009 |
Q: I'm valid H1B holder having upto date paystub and other documents. I need to change my job while ...
A: Visu, Answers: 1) You can continue working for your present company if the H-1B is denied. There is ...
|
| H4 to H1, how it works? | 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: To apply for a H-1B you need an employer and a job. And the employer has to apply for your H-1B on ...
|
| International student wants to become a Math teacher in US | 3/2/2009 |
Q: I am a Finance graduate from Ohio University and has a Master's degree in Math from Delhi ...
A: Superna Arya, To become eligible to teach school in the US would depend on the licensing or ...
|
| H4-H1B-H4 | 2/26/2009 |
Q: Greetings, I reside in the midwest and am on H4 in the US since 2004. My employer applied for H1B ...
A: Kalli, You can file for change of status to H-4, but the USCIS may request proof of pay stubs. Since ...
|
| h1 to h4 | 2/24/2009 |
Q: This is Sridevi. Iam on H1B right now from 2007 october. But now planning to change H4 Visa. But I ...
A: Sridevi, That is a long time to decide to change to H-4. I cannot suggest the right strategy but you ...
|
| J1 waiver question | 2/23/2009 |
Q: I am currently in the United States with a J1 visa and have a home residency requirement. I will be ...
A: Ani, 1) Yes it is true 2) If it is true then your question is ......... 3) Yes. But you would need ...
|
| H1 B Transfer Question | 2/21/2009 |
Q: I have 2 Question, can you please help me. MY CURRENT SITUATION: In my passport My H1B Visa is ...
A: You can reenter the US on your old H visa provided you do so before its expiry (Sept. 2009). It is ...
|
| marriage and green card | 2/20/2009 |
Q: I am a US citizen and engaged to a foreigner who lives abroad. We know each other for a long time. ...
A: S. After you get married you need to file form I-130 and wait for his immigrant visa to be ...
|
| immigration | 2/14/2009 |
Q: i have a sealed conviction and another one where i have to paye a fine,is it going to affect my ...
A: sene, Yes. It will affect your naturalization. Depending on the nature of the crime it may not lead ...
|
| F1 out of status/ AOS through marriage to USC | 2/13/2009 |
Q: I am a F1 student who just married to a USC . I stop attending school since Dec 2008, am I ...
A: Sandy, I have already answered your questions. Since you have stopped attending school you are ...
|
| F1 Visa expieration | 2/12/2009 |
Q: My name is Karan. I have few questions. I got F1 visa for 2 years. its going to expire in this ...
A: Karan, 1) Does it effect my OPT extension. No 2)If some thing goes wrong, can I apply for a ...
|
| H1B and I-94 Expiry | 2/8/2009 |
Q: I need your expert advice. Please help. I have H1B Visa valid till 28-Mar-2009 and I-94 valid till ...
A: Rakesh, 1) If you are new H-1B is filed and approved for a date after March 2009 then you can stay ...
|
| Delaying the final interview | 2/7/2009 |
Q: My wife has reached the final stage in getting the green card-she needs a medical and then the ...
A: Allan, You can delay by sending in the medical report late but do not wait too long. She will get ...
|
| visa problem | 2/6/2009 |
Q: i was just recently denied a 3rd time for a B1/B2 visa, i was requested by our head office in the US ...
A: Rudel, You are eligible to apply for a fiance visa. You would need to get married within 90 days ...
|
| Bank Statements | 2/4/2009 |
Q: I am going for a interview in March. People tell me I should bring 3 months of bank statement is ...
A: David, You have not provided information on why they wish to interview you. Are u qualified under an ...
|
| MARRIAGE FILE | 2/1/2009 |
Q: I M GREEN CARD HOLDER SINCE NOVEMBER 2004 AND I GOT MARRIED WITH INDIAN GUY IN INDIA IN MARCH 2007. ...
A: Mayuri, You need to become a US citizen to be eligible to apply for your husband as an immediate ...
|
| citizenship | 1/29/2009 |
Q: i gave citizenship interview yesterday.i pass the test and everything but when they ask me if i am ...
A: Ashish, Selective service registration requirements would depend on your age, your status between ...
|
| Various Questions | 1/27/2009 |
Q: Krishnan, I have few questions: (1) what are the possible reason(s) to get RFEs on pending I-485 ? ...
A: GC_DADA, 1) There are too many of them to list. 2) You can stay out of the US as long as your ...
|
| 245(i) derivative beneficiary | 1/24/2009 |
Q: My spouse’s mother is the primary beneficiary of an I-130 filed by her USC son (my spouse’s ...
A: David, The answer is YES. Your spouse will be considered grandfathered since an ""aged-out" ...
|
| H1-H4-H1? | 1/19/2009 |
Q: . I recently (last month)filed for COS from H1 to H4. My case is pending. Now I have a job offer, ...
A: Neha, Your employer can file for your H-1b even if you have a pending H-4 application. The employer ...
|
| re-application of I-485 | 1/18/2009 |
Q: When I applied both the I-130 & I-485, only the I-30 was approved. Our first interview was 2006, and ...
A: Asian 219, I would suggest that you contact an immigration attorney and provide him with all the ...
|
| H1B visa residing in US | 1/18/2009 |
Q: I have a question. I am a US citizen and have been dating someone in India, holding a H1B visa with ...
A: Linda, If he his in India at this time, you have two options, either bring him to the US as a ...
|
| how soon you can go home to marry | 1/14/2009 |
Q: When I received my green card, how soon can I go home to marry my boyfriend and when can I file his ...
A: Dolores, You can go home any time and get married. But marriage after you get your green card does ...
|
| Marriage to a german/Israeli citizen | 11/24/2008 |
Q: I've known my girlfriend(22) since I was 12 years old. We both met in Israel. I(24) Have a Us/ and ...
A: Daniel, She leaving the US every three months and returning to the US is not a good idea. She may be ...
|
| I have both H1 and L2 | 11/23/2008 |
Q: I have got my L2 but from my husband's L1 who is in US now. I couldn't travel with him that time. ...
A: Padmaja, If the H-1B petition was filed as a change of status you will become a H-1B visa holder ...
|
| residence | 11/21/2008 |
Q: I am a green card holder. If I travel and I stay out of the US longer than 6 months but less than 12 ...
A: Ch, Traveling out of the US for over six months should not be an issue. Any commonsense evidence to ...
|
| FNU Problem in VISA | 11/13/2008 |
Q: I have an Indian passport and my name on it is everything under given name and surname is blank for ...
A: Saahil, You may need to change your name in the passport. I do not think that you can change your ...
|
| Immigration | 11/10/2008 |
Q: I came here on a B-2 Visa 5 years ago at the age of 16 and due to circumstances I am not lawfully ...
A: Sahara, Since you are out of status at this time, your employer cannot sponsor you. Neither can your ...
|
| H1B --> L1 (Blanket) --> H1B | 11/9/2008 |
Q: I am currently working for company A on H1B and now based on wages issue they intend to apply an L1 ...
A: Vinay, The current company cannot cancel your H visa, only the H company can file to revoke it. The ...
|
| reapply H1B in 4 years | 11/8/2008 |
Q: I'm currently on H1B expiring in 9/2011, if i change to another visa for 5 or 6 years, in 6 years, ...
A: Kelly, The 6 year statutory period is counted only for the periods that you are in H status. As the ...
|
| H1B --> L1 (Blanket) --> H1B | 11/8/2008 |
Q: I am currently working for company A on H1B and now based on wages issue they intend to apply an L1 ...
A: Vinay, There is nothing like transferring an old H-1. The new company should file a new H-1B with a ...
|
| H1-Visa Status advice | 11/5/2008 |
Q: My H1-B started on October 1st 2008. My employer made me pay for the visa filing and made me sign a ...
A: Neha, 1) You cannot sign a letter of absences if it is not true. 2) NO, because the employer has ...
|
| F2 to F1 | 11/5/2008 |
Q: Krishnan, I came here to the United states on a F2 visa to join my husband who is working now, my ...
A: Nihal, You can file for a change of status to F-1. To do so you need to be admitted, obtain an I-20 ...
|
| H1B portability | 11/4/2008 |
Q: I actually read a lot of your blogs. You have done wonderful work. Though there was some questions ...
A: Nihal, It is the employer's decision to continue your employment. They could as well withdraw the ...
|
| i-94 exrension | 10/28/2008 |
Q: http://www.allexperts.com/user.cgi?m=6&catID=344&qID=4773594 I have posted my question to Mark ...
A: Javed, I am not sure what answer you are looking for. The response from the previous attorney was ...
|
| Withdrawing Greencard Application | 10/26/2008 |
Q: I am currently on an H1-B visa and my employer has applied for a greencard on my behalf (9089 filed ...
A: Dev, 1) Since filing a PERM appilication alone is not indicative of immigrant intent it will not ...
|
| H1B transfer from IT to non-IT company | 10/25/2008 |
Q: I have H1B from one of the IT company from Oct 1,2008. Now I got offer from non-IT company. Do I ...
A: Raghu, First you need a have a new H-1B application filed to work for a new company. The USCIS will ...
|
| GC Labor and I-140 | 10/20/2008 |
Q: The wages per hour approved for my Green Card Labor is lesser than the amount we filed the I-140 ...
A: Lakshmi, I did understand your facts very well, my question was what circumstances have arisen for ...
|
| H1 extension | 10/17/2008 |
Q: Krishnan, I had H1 visa and it got expired on 30th September 2008. But before it expired I applied ...
A: Shital, When you get the extension approved and your employer still has a job opening, you need to ...
|
| Tranfer from H1b back to F1 after approval | 10/2/2008 |
Q: I seem to be in a unusual situation. I would appreciate any help from you. I came to the U.S. on a ...
A: Afshin, You should have been aware that the USCIS had extended the F-1 status to cover the cap-gap ...
|
| visa for research | 10/1/2008 |
Q: i find this web site very useful, i am sure to find answer to my query here. I have finished my ...
A: Dr. Yogesh, There is no different H-1B visas for different jobs or professions. The only limitation ...
|
| i still need youre help | 10/1/2008 |
Q: i have ask earlyer,if my boyfriend which he got married with an usa citizen,how he can cancel his ...
A: Nicoleta, The B-2 visa is only given for a short time (3-6 months) so there is nothing to lose. ...
|
| H1B revoke . .OPT status | 10/1/2008 |
Q: I am in a unfamiliar situation. My OPT started this 19th August. My H1B got approved by an employer ...
A: Prad, If the employer had filed for your H-1B as a change of status from F to H then you cannot ...
|
| fiance visa | 10/1/2008 |
Q: OK I have a stupid question well I think it is anyway, but the photos you submit for the I-129 do ...
A: Johana, You must submit two identical color photographs of yourself taken within 30 days of the ...
|
| will it be a problem to overstay i-94 for 5 days? visa is good for 2 more years | 9/29/2008 |
Q: I am here on a work visa, good til 2010, but my i-94 was only good for one year expiring oct. 16. ...
A: Karla, Yes. You need to leave the country and on reentry make sure the I-94 reflects the date of the ...
|
| H1 Transfer | 9/28/2008 |
Q: Right now i am working in US with H1B visa, I have agreement with my employer for 18 months, Is this ...
A: Mohan, You need to put this question to an employment attorney in your state for a definitive ...
|
| Marry as F-1 or H-1 | 9/28/2008 |
Q: I am an Indian citizen studying in Texas and about to graduate with a Bachelors or Electrical ...
A: Rahul, You have different options, you can get married and file for your green card. During the ...
|
| Query regarding L1-H1 | 9/25/2008 |
Q: I am working with Company A on L1 and my visa is valid till 2010. Howver I applied for H1 through ...
A: Vinay, 1) Starting from October will I be out of status if i continue to work with Company A which ...
|
| Pending OPT vs new H1B peitition | 9/24/2008 |
Q: I just completed my PhD and got an offer from a US company. I had applied for OPT in July and the ...
A: Naresh, There is no H-1B visas available for this year (ie until Oct'2009). Since you are a Ph.D ...
|
| H1 B Transfer | 9/24/2008 |
Q: I am working in a company in US who applied for H1 and it got approved, Now i want to change the ...
A: Bhargavi, The best way would be for you to file the H-1B application and then inform or quit your ...
|
| question | 9/24/2008 |
Q: My name is Kristina and I came to USA two years ago with J-1 visa. After 4 month of working in USA I ...
A: Kristina, You can apply for your greencard and employment authorization after he becomes a citizen. ...
|
| 90 days unemployment between OPT & H1-B? | 9/22/2008 |
Q: My FY 2009 H1-B had been approved for Company A while I was working with my OPT there. With the end ...
A: Ozzy, Since your F-1 OPT ended on July 15th and your H-1B was filed for visa processing (though it ...
|
| U.K. Citizen marrying in the US | 9/21/2008 |
Q: I have been reading Q&A for a few months. Can you tell me if I am correct that it would be my ...
A: Maggie, Coming to the US to get married on a visa other than the K visa would be considered ...
|
| H-1B to F1 09_20_08 | 9/21/2008 |
Q: I am currently on F1-OPT (end date mid-Feb '09). My F1 visa is valid until Nov. 2010. My H1-B from ...
A: You will not be allowed to schedule two interviews if this is allowed the US consulate will cancel ...
|
| 90 days unemployment between OPT & H1-B? | 9/21/2008 |
Q: My FY 2009 H1-B had been approved for Company A while I was working with my OPT there. With the end ...
A: Ozzy, The deadline is Oct 1, 2008. You are confused between the 90 day unemployment period and the ...
|
| H-1B to F1 09_20_08 | 9/20/2008 |
Q: I am currently on F1-OPT (end date mid-Feb '09). My F1 visa is valid until Nov. 2010. My H1-B from ...
A: Ellee, 1) You need to obtain a fresh I-20 and file for a change of status from F to H using form ...
|
| Stolen I-94 | 9/18/2008 |
Q: I got my Passport stolen and got a renewal from my country's consultate. I have a N-2 visa.Currently ...
A: Cem, It should not matter if questioned you can state the reason for not having a I-94. You can also ...
|
| L1 A to H1 B transfer | 9/15/2008 |
Q: I am currently working for a company A on L1A visa valid until Dec 2010, I applied for my H1 B ...
A: Prathiba, 1) If the H-1B was file as a change of status with a start date Oct 15th then you can ...
|
| F1 grace period and H1 approval. | 9/12/2008 |
Q: I got H1 approval already and I withdrew from the school today. I have 19 days before this october ...
A: Heon, The USCIS has agreed this year to extend your F status to cover the gap for those who have an ...
|
| U.S. citizen marrying U.K. citizen | 9/12/2008 |
Q: ok i keep reading here on the site that if my fiance from the UK comes to the U.S. for like lets say ...
A: Johana, You need to file for his adjustment of status. The form is I-130, I-485, G-325 and an ...
|
| L1 to H1 | 9/12/2008 |
Q: I would like to ask a follow up for the below: Subject L1B to H1B Question Hello, I am ...
A: Swaroop, I wish you would just ask one of the experts so that others would have the chance to do the ...
|
| Canadian Work permit on L1 | 9/10/2008 |
Q: I am right now working in US with employer xx on L1 Visa, which is valid till Mar 2010. I got an job ...
A: Ashok, If you leave the US you will not be in any status. If your question is will you be able o ...
|
| Entering the U.S. from Canada with a DUI record | 9/9/2008 |
Q: A close friend (honestly, not myself)was charged with a DUI more than three years ago while ...
A: Peter, Recently the rules have changed regarding DUI convictions. A new rule is now become effective ...
|
| L1B- I94 Extension | 9/9/2008 |
Q: My husband is on L1-B visa and the visa/I-94 expires on 4th Jan 2009.We are expecting a baby in ...
A: Priya, L-1B extension could take around 3-4 months but it can also be obtained within 15 days if ...
|
| I-797 Sponsorship Question | 9/8/2008 |
Q: Good morning, My name is Daryn and I would like to thank you for your time and consideration with ...
A: Daryn, It is OK to be divorced, your mother would be required to show financial ability to support ...
|
| reinstatement by travel | 9/7/2008 |
Q: Mr.Krishnan I am an international student who has fell out of status of 1.5 years due to ...
A: Vivian, Leaving the country and reentering after being out of status would be a risky venture in ...
|
| H1B Amendment | 9/6/2008 |
Q: I'm currently on my L1 Blanket and also have my got my H1B visa approved through change of status ...
A: Girish, If you wish to continue on L visa then you need to leave the country prior to Oct 1 and ...
|
| Change of status from L1 to H1B | 9/6/2008 |
Q: I need your help in solving my issue please: I am on L1 status working with company A and my H1B ...
A: Archana, You cannot work on L-1 visa after October 1. If you wish to continue on L you can leave the ...
|
| Full time Employment and PERM | 9/5/2008 |
Q: I will be applying for PERM soon. Per DOL reguations, how many hours a week constitues a full time ...
A: Deepa, 40 hours per week is normally considered full time. DOL has approved cases listing 35-40 ...
|
| Us Transit Visas | 9/5/2008 |
Q: I need to travel to my homeland South Africa but i would like to know if I would be allowed by the ...
A: Buddin, Please visit http://canberra.usembassy.gov/consular/visas/niv/transit.html for information ...
|
| Which application to fill out | 9/2/2008 |
Q: My fiance is here illegally. We have a wedding planned for feb 29, 2009 in Mexico. He will stay in ...
A: Heather, If you are fiance is here in the US illegally and if he leaves the country he may be ...
|
| Transfer of H1 B visa from non profit to profit | 9/2/2008 |
Q: I am currently working for a Non-Profit organization, which has sponsored my H-1B visa. Even though ...
A: Sri, I am not sure what you mean by "do I need to file for H-1 again or could I transfer". if you ...
|
| H1B or OPT | 9/2/2008 |
Q: I am currently on my OPT (till Jan 2, 2009) and have got my H1B approved (without the Change of ...
A: Sahil, 1) Re-entering the US on OPT with H-1B visa stamped would require you to leave the country ...
|
| H1B visa - stay in usa | 8/30/2008 |
Q: I was laid off today 8/29 and has been given the salary check till 8/25. Another thing, in my ...
A: Tim, You can change to B-2 visa but currently it is taking more than 6 months to get a decision. If ...
|
| Citizenship after marriage | 8/29/2008 |
Q: I am a US citizen living abroad. I was wondering what the procedure would be and how long it would ...
A: Rocky, You need to first file for US permanent residency and 3 after she becomes a permanent ...
|
| Visiting Visa | 8/27/2008 |
Q: My friend and this guy have been talking online for awhile and she lives in Altoona, PA ....Same as ...
A: Renee, There are several options: 1) Your friend needs to visit him in Egypt get engaged and then ...
|
| Marrying a green card holder | 8/26/2008 |
Q: Respected sir I am from India.I am goin to marry a US Green Card holder girl in coming novenber.She ...
A: Amarpeet, Your marriage to a green card holder does not allow you to come to the US immediately. It ...
|
| H-1 transfer | 8/25/2008 |
Q: 1) I have h-1 from company A which is for-profit and now i want to transfer it to non-profit ...
A: Priyanka, 1) No the category of the visa will not change. I am not sure what you mean by "category ...
|
| Study on H1 | 8/25/2008 |
Q: 1)I am on F1 visa enrolled in a PhD program. I want to change my degree aim to Masters and start ...
A: Beeta, I am sorry there are lot of things that we wish but cannot be done under the existing ...
|
| Change of visa status | 8/23/2008 |
Q: i got a student visa that expires in 2010 and i graduated in may of 2007. i will be married in ...
A: Ramon, You state that you will be married in Feb 2008 I assume you meant Feb 2009. If you get ...
|
| L2 to F1 | 8/22/2008 |
Q: I am on l2 since 2001 and I have I94 and EAD valid until October 24, 2008. I have been working since ...
A: Padma, 1) I cannot answer this question without having all the information. 2) I cannot answer this ...
|
| Continuing studies after filing for permanent residency | 8/20/2008 |
Q: If one marries a US citizen while on an F-1 visa and applies for permanent residency, I assume this ...
A: N, First your F-1 visa is not invalidated. You will not be allowed to reenter the US on F visa or be ...
|
| Family Based I 485 Denied | 8/20/2008 |
Q: Applied or I 130 in March 2008 with the affidavit of support, my tax returns for 3 years and W2s and ...
A: Archana, If you have provided all the information during the response to the RFE, then you need to ...
|
| J1 Visa Query | 8/19/2008 |
Q: Ramasamy, I have a question regarding J1 visas. I am in USA on J1 Visa status doing my hotel ...
A: Ishita Shah, There are no documents to be signed by the employer, you can provide him the ...
|
| H1B lay-off | 8/19/2008 |
Q: I was on a H1-B visa for almost 1 yr. On 08/15/2008, I was laid off from job, effective immediately. ...
A: Ri: I would suggest that you file for a change of status to H-4 immediately or leave the country ...
|
| filing of i 485 pending i 130 by a us citizen for her parents | 8/17/2008 |
Q: can a person file I485 during pending I 130 petition filed by his daughter who is us citizen? The ...
A: Shri Prakash, Sure it can be done. If they have not disclosed that an immigrant petition was filed ...
|
| B 2 TO F1 visa change of status query | 8/16/2008 |
Q: I am here on B2 visa since 5 months and have applied for a change of status (I 539 )this month . It ...
A: Dan, You need to contact the University if they will issue you a new I-20. Most probably they will. ...
|
| f1& greencard | 8/15/2008 |
Q: Krishnan, 1)Can a person apply for a change of status from H4 to F1 while Green card process is in ...
A: sam, 1) You are not eligible to file for F-1 since you have already shown an intent to become an ...
|
| H1B1 | 8/15/2008 |
Q: I have H1B1 & I want to transfer to another employer. Do i have to wait for the approval before i ...
A: Prasad, Sorry I did not notice the H1B1 part of your question. The statute states that since you are ...
|
| H1B1 | 8/15/2008 |
Q: I have H1B1 & I want to transfer to another employer. Do i have to wait for the approval before i ...
A: Prasad, If you are currently in H-1B status and you wish to change employers you can do so after ...
|
| Immigration | 8/15/2008 |
Q: I filed my H-1 through consulting company and now I filed from H-1 to F-1 and now that is approved. ...
A: Rupa, I do not any problems with this from an immigration point of view.But you should probably ...
|
| H1b transfer | 8/6/2008 |
Q: I’ve read several of your responses on H1b but I would really appreciate your clarification and ...
A: Rodolfo, 1) You can start work from the date your H-1B has been properly filed and received by the ...
|
| Immigration | 8/6/2008 |
Q: I am changing my status from H-1 to F-1 but my credit history is really bad. So please help me is ...
A: Kumar, As long as you can show financial ability to pay the tuition fees, with bank statements then ...
|
| interview | 8/5/2008 |
Q: l came to u.s 8yrs ago in a b1/b2 visa.l married my fiance who is my wife {u.s citizen}this march ...
A: Terry, I do not know how long it will before the interview, it will depend on both MSC and Boston ...
|
| H1B visa denial 221g | 8/5/2008 |
Q: My husband gave interview for H1B visa on Aug,2007 at New Delhi U.S. Embassy and got 221g denial. ...
A: Gulnaz, You may need to call the consulate or request the employer to contact them to check on the ...
|
| L1 to H1 with COS and L1 extension | 8/4/2008 |
Q: I am working for company A on L1. Company B applied for H1 with COS and the case is pending. My L1 ...
A: Ragu, Answers: 1) Assume that H1 approved this month, what will happen to L1 extension and what ...
|
| address change while case is pending? | 8/4/2008 |
Q: Mr. Krishnan, We moved, while my wife's and mine cases're pending with USCIS, mine is I-765 appl for ...
A: Uran, You are supposed to complete the form AR 11 and while doing so you can indicate that you need ...
|
| Change visa status | 8/2/2008 |
Q: I am an Italian postdoc on H1B workin in US and payed by US research institution. I recently won an ...
A: Fabiana, You need not leave the country to change to J-1. You should contact the international ...
|
| H1B Withdraw | 8/2/2008 |
Q: Here is my case.. I am currently on OPT and my current employer (a IT Consulting Company) has ...
A: Sri, If you current employer has filed for your H-1B as a change of status you cannot continue to ...
|
| H-1 transfer from profit to non-profit and vice versa | 8/1/2008 |
Q: Krishnan, I am a recent Ph.D. graduate currently on OPT from Oct 07 - Sept 08. I have an approved ...
A: Ranjeeth, All non-profits are not exempt from the H-1B quota. Also since you have already been ...
|
| F1-Green card | 7/31/2008 |
Q: I am a Master's student set to graduate in December 2009. I am engaged to an American citizen and ...
A: Nicole, I am not able to understand what you mean "by safest method". You should be fine with both ...
|
| RFE: bank statements | 7/31/2008 |
Q: I applied to change my F-2 status to F-1, but I recently received a blue form - request for ...
A: Gulnaz, You can submit the print out copies and if the bank can authenticate it that should do ...
|
| l2 EAD | 7/30/2008 |
Q: hai i am veena. i came recently to US on l2.I recently applied for SSN and i did not get my SSN. ...
A: Veena, You can go ahead and apply for your EAD without a SSN. If you are applying online you should ...
|
| Immigration | 7/29/2008 |
Q: I had a quick question. I transfer my H-1 to another company and how many month did I had to wait ...
A: Rojan, The need for paystubs is during the I-140 stage of the process where your company has to ...
|
| H1-H4 Issues (Advice Needed) | 7/28/2008 |
Q: Im in India and I had a H1B Visa which got expired This Feb 2008. I had applied for an extension and ...
A: Hari, 1) Yes. You can apply for H-4 visa even after an approval of an H-1B petition filed on your ...
|
| Marrying a UK citizen. | 7/28/2008 |
Q: I have heard many things regarding marrying an immigrant. I have dated a British citizen for over 3 ...
A: Mary Claire, If he on a tourist visa (B1/B2) and if it was a spur of the moment decision he can file ...
|
| applying for citizenship | 7/28/2008 |
Q: I am married to a green card holder who has not filed tax returns for the last four years since he ...
A: Valerie: Tax returns: If your husband has not filed tax returns because he has not worked in the US, ...
|
| two naturalization interview? | 7/27/2008 |
Q: I received an initial interview appointment letter from USCIS, I'm scheduled for interview this ...
A: bay diacan, It seems to me that this could be some kind of scheduling error or it could be a ...
|
| husband's green card & passport | 7/27/2008 |
Q: mr. krishnan, i asked you a question 2 days ago, but i could not get the answer my husband's 1st ...
A: Margaret, I did answer your question regarding the effect of your husband's different names and ...
|
| Getting married | 7/26/2008 |
Q: I'm puerto rican (U.S. citizen) and a 4th year med student in Mexico. I'm engaged with a mexican guy ...
A: Sophy, You need to get married and then file form I-130 and obtain an immigrant visa or you can file ...
|
| J1 Waiver and Filing of EAD | 7/25/2008 |
Q: I got J-1 waiver in 2006 and now I am on 3rd year of H-1B. My waiver will end in June 2009. My ...
A: Katie, You mentioning a three year H-1B commitment and J-1 simultaneously led me to assume that you ...
|
| from Visa B1/B2 to Permanent Residence | 7/25/2008 |
Q: Is there anyway to get Permanent Residence after being in the USA for 3 year having come in with a ...
A: Carlos, Based on the information you have provided, it would seem that you are out of status at this ...
|
| H1B and MBA | 7/24/2008 |
Q: I had 2 quick questions: 1. I recieved my masters degree from a US university and have been on the ...
A: Mathew, 1) You will be exempt from the H-1B quota as you have already been counted. 2) First you ...
|
| L1-H1 transfer issue | 7/23/2008 |
Q: I got struck with the strange issue which I need your valuable expertise to clear by RFE I was on ...
A: Vinay Bhasker, L-1 visa holders are allowed to be paid from outside the US. See 9 FAM 41.54 N9.1 at ...
|
| work | 7/21/2008 |
Q: Kirshnan, PLEASE help me, PLEASE! I know you're busy but I have a problem. I am working on an ...
A: Magioula, I do not understand your question. All you have written is that you are a teacher, you ...
|
| Immigration | 7/21/2008 |
Q: I was on H-1 on Oct 2007 and I transfer to another consultancy on Dec 2007 and now I am working on a ...
A: Rojan, There is no such thing as 'transfer" of H visa. The new employer should apply for a fresh ...
|
| I797 and I824 | 7/21/2008 |
Q: Currently my I-129 is pending with USCIS and my employer is requesting me to attend this training ...
A: Jenny, You can go to Canada or Mexico for your H-1B visa, but you need to account for the ...
|
| Working o/s USA on H1 | 7/19/2008 |
Q: Appreciate this forum. I am on H1B Visa that will expire in Sep 2009. However I will be working for ...
A: Shankar, You can enter on H-1 only if your employer has an H-1B job offer for you in the US. Your ...
|
| OPT | 7/19/2008 |
Q: I will graduate with a MSE in Computer Engg in Dec 2008. OPT will commence within 2 months. 1. If I ...
A: Nikhil, You can be unemployed for a period of 90 days, after that the USCIS considers you out of ...
|
| EAD/F1 and AP | 7/18/2008 |
Q: I am currently on F1 visa with my husband and three children as dependents (F2). On the other hand, ...
A: Sabrina, 1) You understand right it will mean abandonment of the AOS applications. Unless you have a ...
|
| EAD/F1 and AP | 7/18/2008 |
Q: I am currently on F1 visa with my husband and three children as dependents (F2). On the other hand, ...
A: Sabrina, I assume that you and your family have filed for the Adjustment of Status too. If this is ...
|
| Exit US with Pending Extension Application Status | 7/15/2008 |
Q: This is a follow up question to my previous inquiries. Since my application for I94 extension of ...
A: Fritz, Can you check with your lawyer as to why he wishes you to leave the country and reenter?
|
| do we need extension of stay pending I 130 | 7/14/2008 |
Q: My self and my wife came to usa on 25 March 08 on B2.Our I 94 permit us to stay till 24 Sep 08. My ...
A: Shri Prakash, It is your choice to either file for an extension or not. But if you do you need to ...
|
| marriage in the us by a B2 visa | 7/12/2008 |
Q: What is the process of changing the status of visitor visa B2 after one has married a US citizen, ...
A: Daly, You are required to file form I-485 along with form G-325, I-765 and I-131 for employment and ...
|
| I94 Expiration/ Extension of Stay | 7/12/2008 |
Q: 7/11/2008 Hi Ramasamy: We currently hold an E2 visa that is valid up to 2011. Two months before my ...
A: Fritz, Generally you file for your family's extension concurrently with your E-2 extension. Since ...
|
| Can I travel on B1 when H1 visa is processing? | 7/11/2008 |
Q: I have valid B1 visa. Can I travel on B1 visa for business requirements? At the same time, my H1 ...
A: Aravind, It would depend where you are? If you are in the US and filed for a change of status then ...
|
| h 4 | 7/9/2008 |
Q: my wife is on opt,and has recived approval notice for h1,can i go for visas ?and if yes what type of ...
A: Maahi, I do not understand your questions. Especially, "can I go for visas?" and "what type of visas ...
|
| Visiting Visa for US | 7/9/2008 |
Q: I am working as a software engineer in a company in india. I have got my H1B approved this ...
A: Deepthi, Based on your question, you are eligible to apply for a B visa and the approval of your H ...
|
| Immigration | 7/9/2008 |
Q: This is really a great service that you are providing right now. I had a H-1 on last year OCT 2007 ...
A: Rajani, I do not see a problem in your case as long as you have been maintaining status as a H-1B ...
|
| B1/B2 visa | 7/8/2008 |
Q: First of all thank you in advance for taking up my question. My wife is in USA on a valid H1B visa. ...
A: Susmin, The stay period for B visa can vary from 3 months to 6 months. You can change to H-4 in the ...
|
| H4 Document : Employer Letter Describing Relationship With Principal Applicant | 7/7/2008 |
Q: I came across this particular requirement in VFS website for a H4 applicant: 'letter from employer ...
A: Deepa, I am not sure what this type of document is. You are right the employer's letter generally ...
|
| H1B transfer issue afer lay off very urgent | 7/7/2008 |
Q: Respected Sir, I got laid off from my job 4 weeks ago.I still do not have a job offer in hand. i ...
A: Akshay, There is no process to find if your employer has requested the H to be canceled or not. ...
|
| I 485 application | 7/6/2008 |
Q: Appreciate it. I recently have gotten my I-140 (Eb2) approved. Thus, I will be applying for my ...
A: Ramon, Answers: 1) She can. F-1 status does not bar her from filing for her I-485 2) It will not ...
|
| immigration | 7/6/2008 |
Q: Myself and wife are beneficiary of I-130 filed by our daughter who is a USC on cosular processing ...
A: Ashok, As a green card holder you are required to be a permanent resident of the United States. ...
|
| H1B transfer issue afer lay off very urgent | 7/6/2008 |
Q: Respected Sir, I got laid off from my job 4 weeks ago.I still do not have a job offer in hand. i ...
A: Akshay, YOu do not have any time to transfer. If your previous employer has notified the US then the ...
|
| H1b transfer | 7/4/2008 |
Q: I was hired as a full time teacher but when I arrived in the school, the position was filled and ...
A: Jui Chang, No it will not jeopardize your transfer to another employer. I would also suggest that ...
|
| E2 Visa | 7/2/2008 |
Q: I am a British citizen looking to move to the USA through a E2 Visa. My mother and father are US ...
A: Sukhbir, Sorry about the response, I had mistakenly checked the wrong box. You do not need to ...
|
| H1-B | 7/2/2008 |
Q: I am currently in the U.S on an F2 visa.I had earlier held H1-B ,but quit my job in March.I was told ...
A: Divya, There is no such process to "reactivate" your old H-1B approval. Your new employer has to ...
|
| Immigration | 7/2/2008 |
Q: I am in a trouble. My employer is a consulting company and my project finish on 1st week of June ...
A: Rupa, They can cancel the H visa and it will have no adverse effect on your F-1 case or your stay in ...
|
| Petition for my mother and sister | 6/29/2008 |
Q: I am a US citizen. I am filing an I-130 for my mother concurrently with I-485 and I-765. Both my ...
A: Vanessa, You cannot file the I-485 for your sister concurrently since there are no visa numbers ...
|
| Regarding H4 Visa | 6/29/2008 |
Q: Greetings of the day!! Can you please tell me what are the documents required for getting the H4 ...
A: Sachin, There is no definite number, the salary slips are necessary to show that are employed and ...
|
| Help with I-90 | 6/29/2008 |
Q: Krishnan, My name is Sumi Bose and I am filling out the I-90 form to renew my green card which is ...
A: Sumi, It does not matter whether your "a poor college student" or a rich one, we try to help as ...
|
| eb3 visa | 6/28/2008 |
Q: i am an OT here in the Us and my perm has just been applied. do u know how long will it take me to ...
A: Jonathan, I believe you are from the Philippines since you have asked a few questions in this forum. ...
|
| H1-B stamping and general questions | 6/27/2008 |
Q: I am still in F1 status and I will be defending my project in Sep 2008 (thats when I will be getting ...
A: Joseph, If your H-1 has been approved it would mean that it was approved not based on your Master's ...
|
| H1 Transfer without paystubs | 6/26/2008 |
Q: I arrived in US in Jan 2008 through a consultant A. They haven't done anything to get me a contract ...
A: Radhika, Answers: 1) You are not out of status, if you can show that there still exists a ...
|
| green card live out of US need to know how to travel back for business | 6/24/2008 |
Q: My husband is a german citizen (I'm a US citizen). He lived in the US for 9 years, came over on a ...
A: Cath, I am surprised that you did not follow up on the warning by the customs agent. Answers, 1) ...
|
| H1B and 1099 | 6/23/2008 |
Q: Can I sponsor someone for an H1B if I am hiring him only as a part-time 1099 Subcontractor? His ...
A: Neil, H-1B is an employer petition, so it would be your attorney. For the regs: See 8 CFR ...
|
| INS notification after H1B visa termination | 6/23/2008 |
Q: how long does it take for the INS to be notified after the H1B visa termination? does it typically ...
A: Alp, It depends on the employer, if they wish to notify the employer sooner or later. If your ...
|
| AOS | 6/22/2008 |
Q: My brother has a pending I485 application. He needs to go back to our home country. His advance ...
A: Chris, He can leave and reenter the US on advance parole. If he gets his fingerprints notice, it can ...
|
| Immigration | 6/22/2008 |
Q: I am H-1 with the consultancy and working in a project and I finished my project and I filed my ...
A: Rupa, You do not need to show them anything. Your company cannot do or say anything that will affect ...
|
| I-864 | 6/21/2008 |
Q: I am married to US citizen, I am filing for green card. my wife is my sponsor, on I-864 form whose ...
A: Zeynel, The I-864 form should be completed by your spouse. If your spouse has income to support you ...
|
| US immigration | 6/20/2008 |
Q: Ramasamy, I am a Canadian citizen, working as a Mfg Engineer in Canada. In future I would like to ...
A: Jatin, You can immigrate to the US either through the employment or family option. You need to ...
|
| GC for L2 EAD | 6/19/2008 |
Q: I am working in US with L1 visa and my wife is working in IT field (Software Engineer) with L2 EAD. ...
A: Anil, The answer is YES. Any company can sponsor her provided both she and her employer have the ...
|
| Cap-gap travel | 6/19/2008 |
Q: in short my situation is like this: - OPT and F-1 expire July 1st - H1 has been approved for October ...
A: George, The USCIS has stated that you can reenter on F prior to Oct 1st change to H. It would have ...
|
| Reg- J1 Transfer | 6/19/2008 |
Q: I could like to know once we got No Objection Letter from my home country and wavier is issued by ...
A: Madhanmohan, I cannot advice you on the "possibilities" without the knowledge of your case. Unless ...
|
| Reg : L1 to H1 COS | 6/18/2008 |
Q: I got my H1 Approved today from Vermont service center fo. My I-129 shows my new employer request a ...
A: Ramesh, 1) I do not see any implications due to the wrong SS# on the H-1B application. 2) You are ...
|
| B1 Spouse | 6/18/2008 |
Q: I am on Business Visa(B1) and will traveling to USA on a regularly basis. I can't leave my wife ...
A: Swaroop, You can, but whether she will be approved or not would depend on the US consulate officer. ...
|
| H1b location issue? | 6/18/2008 |
Q: I was hired 2 years ago on a H1B visa, in a state government agency, out of the central office. BUT, ...
A: Anandan, Your employer should have taken the necessary steps to take into account of the change of ...
|
| immigration forms, | 6/17/2008 |
Q: I am filing immigration forms,my question is, on form I-485 Application to Register Permanent ...
A: You need to check the Part 2, a box since you are considered an immediate relative. Your wife needs ...
|
| immigration forms, | 6/17/2008 |
Q: I am filing immigration forms,my question is, on form I-485 Application to Register Permanent ...
A: Zeynel Boztepe, I am unable to answer your question without the information you have provided me. ...
|
| F-1 to H-1 status change | 6/17/2008 |
Q: I finished my masters in August 2006 and then I was OPT until 2007. I currently have H-1B with my ...
A: Anandi, You are in H status since the effective date of your H-1B approval notice. The F visa expiry ...
|
| L2 EAD - extension | 6/16/2008 |
Q: I am just planning for L2 EAD/visa extension next year. Here is my situation. My current L2 EAD is ...
A: Padma, 1) It is suggested that you file for an extension 120 days prior to the expiry date. 2) You ...
|
| Filing I 485 | 6/16/2008 |
Q: Appreciate it greatly. My husband got his I-140 approved this June on EB2 and our PD is current. ...
A: Inna, Answers: 1) You can file the I-485 at any time. It is not required that the H be approved. 2) ...
|
| H1B Transfer | 6/16/2008 |
Q: I have joined my company on May 6, 2008 and have been waiting since that time for a project but ...
A: Rajesh, The USCIS may on may not ask for the paystubs. In most cases they do. You need to contact ...
|
| cancellation of B1B2 against immigrant visa | 6/15/2008 |
Q: i have a B1B2 valid until 2010.If my mother,who is a US citizen,files a petition for me ,will my ...
A: Jassi, The visa will not be cancelled, however at the port of entry into the US the officer MAY not ...
|
| us citizen apply for wife | 6/14/2008 |
Q: I been married for last 2 years.. I did not file petition for my wife because I had green card and ...
A: G Singh, You can file for the K-3 visa it is available for spouses of US citizens. The K-1 visa is ...
|
| immigration to USA | 6/13/2008 |
Q: I am a British citizen. and i am thinking to move to USA for good can you please me what is the ...
A: Muhammad, US immigration process is too complex for me to provide you with a procedure to migrate to ...
|
| immigration vs. tourist | 6/11/2008 |
Q: A Citizen of the U.S filed petition for married daughter and her family.Is the recipient ( married ...
A: Katarzyna, She can apply for a B-2 visa after disclosing that an application for an immigrant visa ...
|
| L1 to H1 Transfer - i129 RFE | 6/11/2008 |
Q: My employer company B has submitted my I-129 (L1 to H1 transfer) petition on 1st April 2008. I left ...
A: RK, Since you left the US during the time the change of status application was pending, it is ...
|
| Doubts on L1 and H1B visa | 6/10/2008 |
Q: I have my H1 visa stamped from company A already, but I did not travel to USA with the H1 visa. Now ...
A: S. Kumar, The H-1 visa stamped on your passport does not allow you to transfer to a another company ...
|
| H1b travel to Mexico | 6/9/2008 |
Q: I have a client in Mexico that is looking for IT (Information Technology) consulting help. My ...
A: Jim, The consultant can travel to Mexico to perform his work. As long as in the US he his paid the ...
|
| I-20 lost | 6/8/2008 |
Q: I am an International student just converted from F-2 to F-1. But international student services has ...
A: Jayita, You need to resolve this with the International Student Services. And as it a on campus job ...
|
| Immigration | 6/7/2008 |
Q: I am in so trouble. My employer is going to cancel my H-1 on this Wednesday and I am changing my ...
A: Manas, I think it should be fine, since you are mailing it out on Monday and your application ...
|
| K3 visa from Fiji | 6/6/2008 |
Q: I'm a US citizen married to a Fijian citizen. I have already applied for the K3 visa and my husband ...
A: Mandy, I do not know how long this process can take, since each consulate has its own processing ...
|
| Renewal of Advance Parole | 6/3/2008 |
Q: We had recently used the parole for entry to US and we will be using it again next month. The AP ...
A: Peter, You can certainly apply for your extension immediately, but you would be required to return ...
|
| my H1B transfer is pending, mother-in-law has VISA interview | 6/2/2008 |
Q: I applied for H1B transfer before 45days and im yet to receive the H1B approval document. But my ...
A: Senthilkumar, You are not sponsoring her visa. You may have provided documents to show your ...
|
| Visa Document issue | 6/2/2008 |
Q: How r u doing? I have worked for Company A in H1B visa and during my service I applied for H1B ...
A: Siva, As long as you continue to maintain status and have a current I-94 from the H approval of your ...
|
| Change of J-1 status to F-2 ? | 6/1/2008 |
Q: my sister arrived to US on J-1 visa and wants to change her status to F-2 as she is getting married ...
A: Uran, You first need to confirm that your sister is not subject to the 212(e) requirement. I would ...
|
| from F2 to F3 class | 5/30/2008 |
Q: My mother filed a petition for me a few years back, then I got married not kids, do I have to call ...
A: Alex, It would depend on whether your mother is a US citizen or not. If she is then your case will ...
|
| Immigration | 5/30/2008 |
Q: I came to USA on F-1 status on Jan 2004 and finshed my study and my H-1 status was effective on Oct ...
A: Rupa, You can visit the USCIS website and use the EAC number to get information on your current ...
|
| I-751 and Removal Proceeding | 5/29/2008 |
Q: I married a US citizen and entered in my marriage in good faith. However, things didn't work out ...
A: Ryan, The USCIS will process the case and once it is approved the IJ will terminate the proceedings. ...
|
| Filing L2 when H1 is pending | 5/29/2008 |
Q: I'm on L1 currently in US. My wife has filed for H1 and waiting for the same. In this H1 pending ...
A: Gops, She can but issues would rise based on the timing and sequence of the approvals. I would ...
|
| H1-B will need to renew or can wait to adjust through marriage? | 5/28/2008 |
Q: My H-1B is set to expire mid November. I am getting married early October to a U.S. Citizen and will ...
A: Leo Salinas, There is no "less costly extension" option available. I would suggest that you file for ...
|
| H4 Documentation Requirement... | 5/27/2008 |
Q: I have a question regarding one of the document requirements for the H4 visa: My fiancé is on an ...
A: D. Iyer, I do not see any issues with not being able to provide pay stubs for the period when is on ...
|
| from F1 to H1B and back | 5/26/2008 |
Q: I enrolled as Ph.D. student, and while doing my dissertation research I found an employment ...
A: Phung, I do not understand your situation. Are u currently working for an employer in H status? Why ...
|
| f2b visa | 5/25/2008 |
Q: .my spouse have f2b visa, received it nov2007, went to US jan08, received green card around ...
A: Armie, The child will not be able to come in as following to join. The father needs to file as child ...
|
| i can't seem to find someone to answer my question | 5/25/2008 |
Q: my boyfriend recently got his green card and migrated from Trinidad. we have a child (15mths) ...
A: Vidya, My previous answer was to your question "would we be able to stay with him?" Like everyone ...
|
| i can't seem to find someone to answer my question | 5/23/2008 |
Q: my boyfriend recently got his green card and migrated from Trinidad. we have a child (15mths) ...
A: Vidya, You are not eligible to apply for a visa at this time since you are not married to your ...
|
| h1 to F1 | 5/22/2008 |
Q: I am in h1b visa now and am tired of my job. I want to switch to different field but guess I cant do ...
A: You cannot remain in the US on H-1B status and remain unemployed. The people who take a leave of ...
|
| h1b transfer | 5/21/2008 |
Q: my h1b petition has been suspended and sent back to uscis in last month.is there any possibility to ...
A: Raji, I am unable to answer your question based on the information you have provided. You need to ...
|
| Green card issue | 5/20/2008 |
Q: I am a canadian citizen living in the US (green card) for 10 years. My green card expires in 2 ...
A: Stefan, To renew your green card you need to file Form I-90. To apply for US citizenship you need to ...
|
| H-1 | 5/19/2008 |
Q: To clarify: Want to hire H-1B worker, employed w/Co. A; but H-1B worker is asking me to pay Co. A as ...
A: Deborah, You cannot hire a Nanny on H-IB visa. H-1B visa is for professional occupations and Nanny ...
|
| Immigration | 5/18/2008 |
Q: Ramasamy: I live in the Bahamas and hold dual Bahamian & British Citizenship. I recently married ...
A: Barry, In most cases Family based immigration is easier than Employment based immigration. Whether ...
|
| Greencard Expired, Citizenship | 5/17/2008 |
Q: My Greencard has expired. I have filed for N-400 application for US citizenship. It's been 15 months ...
A: Amrish Patel, Generally if you filed your N-400 six months or more prior to the expiration date of ...
|
| h4 to H1 while my I-94 is expiring | 5/17/2008 |
Q: My I-94 expires this June.I have H4 petition Valid until Jan of 2009.My h4 to H1 change of status ...
A: Suneetha, As it stands you need to leave the country in June and come back on H-1 (with H-1B visa) ...
|
| H1 transfer/extension without pay stubs | 5/16/2008 |
Q: I work for company A and on bench for 10 months. i went to native country last august after my ...
A: Rajiv, It is possible for the employer to file for your H extension. Also a new employer can file ...
|
| Travel During H-1B Transfer | 5/15/2008 |
Q: Respected Sir, I work for Company A in US on H-1 and I have latest 1 month payslip. Company B wants ...
A: Kumar, You can file the change of employer with a start date before you leave, take a leave of ...
|
| Travel During H-1B Transfer | 5/15/2008 |
Q: Respected Sir, I work for Company A in US on H-1 and I have latest 1 month payslip. Company B wants ...
A: Kumar: Here is the USCIS rule in your situation: It is quite likely that an H-1B may travel during ...
|
| L1 -to family based GC | 5/15/2008 |
Q: Next week I (US citizen) am going to get married and my fiancé holding L1 visa, that expires in 9 ...
A: Katie, You have analysed the situation pretty well. However, there are couple of issues that you got ...
|
| On OPT, Chosen In H-1 Lottery, Now Working For Another Employer | 5/15/2008 |
Q: I m in a really tricky situation here. I Read a few forums on that, but nothing was really helpful. ...
A: Nayak, After Oct, 2008 you will become H-1B visa holder. Provided your employer does not withdraw ...
|
| L1 to H1 transfer | 5/14/2008 |
Q: Respected Sir/Madam, I applied for H1 in 2007 and my H1 is approved and i have the H1 documents ...
A: Srikanth, You can apply for a change of status in the US. You are not required to leave the country. ...
|
| L2 visa holder applying for Greencard | 5/13/2008 |
Q: 1. Can L2 visa holder apply for Greencard ? 2. Is the processing similar to H1B holder applying for ...
A: Premalatha, As I stated earlier it is very difficult to give you an answer based on the information ...
|
| L2 visa holder applying for Greencard | 5/13/2008 |
Q: 1. Can L2 visa holder apply for Greencard ? 2. Is the processing similar to H1B holder applying for ...
A: Premalatha, 1) YES 2) YES 3) As I do not know under what employment-based category you will be ...
|
| I-485 | 5/12/2008 |
Q: Recently I-140 was approved for me in both 'Extraordinary Ability (EA)" and "Outstanding Researcher ...
A: Dhana, I am not sure if it is true that Adjudication of the I-485 is faster with OR. There are no ...
|
| L1 applying for an L2 as dependant | 5/12/2008 |
Q: My spouse already has an L1 visa from an MNC. I will be flying to US soon & need to sort out a few ...
A: Yassar, Answers: I am assuming that you are going to the US on L-1. 1) She can change to L-2 in the ...
|
| Adjustment of Status | 5/9/2008 |
Q: My parents are coming on tourist visa (10 years), they've been here before twice. I was thinking of ...
A: Niraj, I am assuming that you are a US citizen to be eligible to file for your parents. You would ...
|
| FI-130 | 5/7/2008 |
Q: Krishnan, Thanks for your time. Can you tell me what it means to get an approval notice of an I-130? ...
A: Monique, Since your husband is not a US citizen, you would need to wait for your priority date to ...
|
| Regarding Visiting visa | 5/7/2008 |
Q: Actually one of my friend is comming to USA on Visiting visa.After comming here is there any ...
A: Sudha, Yes you can change your visa status in the United States. But there is also a question of ...
|
| Immigration Interview I-130 Withdrawn | 5/7/2008 |
Q: I had a question about a certain experience that I recently had. My wife of 3 years filed for me ...
A: Shaun, I am afraid that you may not have too many options available to you. You waited for three ...
|
| Immigration Interview I-130 Withdrawn | 5/6/2008 |
Q: I had a question about a certain experience that I recently had. My wife of 3 years filed for me ...
A: Shaun, You are certainly authorized to stay in the US until your I-485 is decided. But you may need ...
|
| work permit | 5/6/2008 |
Q: I wanted to know how or even if my boyfriend can apply for a work visa even though he is in the USA ...
A: Shannon, If he gets married to a US citizen and applies for his permanent residency he will be ...
|
| h1b | 5/5/2008 |
Q: I am currently working for company A under OPT and my h1 got approved and will be in effect from Oct ...
A: Anu, There is no such thing as transfer of visas or employers. The new company has to file the ...
|
| Sponsor and Co-sponsor for K-1 visa | 5/5/2008 |
Q: I am currently processing a petition in order to get a K-1 visa for my fiance. Form I-129F was ...
A: Keith, You need the form I-864 and I-864a. You are the principal and your parents are the ...
|
| Waiting for immigrant visa | 5/5/2008 |
Q: I'm a green card holder who is currently outside the u.s bcz i'm waiting for my daughter's ...
A: Linda, You can get your husband to come to the US only through a visa that has a dual intent ...
|
| Urgent: OPT and H1 transfer before H1 approved | 5/4/2008 |
Q: I just became a member and I have a situation for which I need some help. I finished my MBA in NJ ...
A: Siddesh, Answers: 1) There is no provision in the regulations to do such a thing. Company B needs to ...
|
| us transit visa | 5/3/2008 |
Q: i have the following case around 3 yrs ago i had my us tourist and student visas cancelled shortly ...
A: John k. If it is transit visa that you require then you should obtaina a C-1 Visa. The requirements ...
|
| Can I graduate during the 60 day OPT grace period? | 5/2/2008 |
Q: My OPT started on June 1st, 2007 and ends on May 31st, 2008. I am enrolled as a non-resident student ...
A: Anuj, You should contact your international advisor and ask them about extending your F-1. You are ...
|
| Petition of H1B from a nonprofit | 5/2/2008 |
Q: I work for a nonprofit organization and we are interested in hiring a programmer from India, ...
A: Certain non-profit are exempt from the H-1B cap. To be exempt the non-profit should be a non-profit ...
|
| H4 TO H1 | 4/30/2008 |
Q: My wife came on H4 visa. She applied for a H1 in last year’s cap 2007. She got H1B approval notice ...
A: Sasheek, First, I do not think that people can take leave because they become pregnant. The only ...
|
| L1 To H1 transfer question | 4/30/2008 |
Q: I am currently in US on H1B visa and am getting married in august. The company my fiancee works for ...
A: Raghuram, I hope that I understood your question correctly. According to your scenario, your wife ...
|
| F2 Visa | 4/29/2008 |
Q: My question is in how much time the spouse of a F1 visa holder should join .I have my F2 visa but I ...
A: Shuchi, There is no mandatory time period, the requirement is that spouse should continue to be on ...
|
| Advance parole usage | 4/28/2008 |
Q: I have a question on “Travel Document (Advance Parole(AP))”. I have my AP and am planning to visit ...
A: Dhana, I cannot answer the question on the possiblity of refusal without knowing details about your ...
|
| 1-94 | 4/27/2008 |
Q: l came to the u.s with b/1 b/2 visa 8yrs. l lost my 1- 94 but have prove of inspection stamp in my ...
A: Terry, You are fine. Since you have a I-485 application based on marriage to a US citizen pending ...
|
| petition for H4 | 4/26/2008 |
Q: Good day this is Cheery,I just want to ask regarding H4 Visa. I'm on H-1B visa now working as a ...
A: Cheery, You need to have your spouse apply for a H-4 visa at the US consulate in the Philippines. He ...
|
| H4 to F1 | 4/23/2008 |
Q: My husband's I140 has been approved but I have not been added as a dependent on that. I want to ...
A: Asha, You should be able to change from H-4 to F-1 since you have not applied for any immigrant ...
|
| H1B---> US MBA--->H1B (without OPT)? | 4/22/2008 |
Q: I am originally from India. I am currently on H1B (I got my H1B on my Masters degree in the US). I ...
A: Roy, When you re-apply for your H-1B visa in 2012, I am not sure what the laws will be then. I am ...
|
| I-539 rules | 4/19/2008 |
Q: I have filed I-539 for my mother who is currently staying with me in US for last 5 months. We have ...
A: Vineet Parolia, Answers: 1) YES she can. 2) I do not know, you need to check the processing time ...
|
| Help | 4/16/2008 |
Q: I am an Indian citizen i applied for my I 485 in 2004 and it is still pending. I have my Advance ...
A: Nick, If she is in Canada, you will have to wait until your green card is approved before she can ...
|
| I797A without I94. | 4/15/2008 |
Q: I came to US in Dec'07 in L1 and my I94 is valid upto Jul'08. Then, I applied for change of status ...
A: Madhu, You need to contact your employer/attorney and ask them to file Form I-102 to correct this ...
|
| i am depolyed and my wife as an interview for her green card | 4/14/2008 |
Q: my absence at her interview will it affect her getting the green card, i am deployed to iraq at the ...
A: Tommy, The petitioner is generally not required to be at the interview and especially in your ...
|
| immigrant visa petition | 4/11/2008 |
Q: my dad filed immigrant visa petition for my brothers 11 years ago, and the CIS(INS) send them a ...
A: Belinda, This would depend on whether your father is a US citizen or not. If your father is a ...
|
| Cap-gap interim rule | 4/10/2008 |
Q: I applied for an H1B and the decision is pending. I am currently working on my OPT, but it's ...
A: Vienna, I also need you to take a look at the latest information released by the USCIS. It states ...
|
| Fiance is a canadian citizen, I am on H1-B...Visa situation best for her.. | 4/7/2008 |
Q: Let me explain my situation and please advise me on the best course of action. I am an Indian ...
A: Sreeram, I believe that you are aware of this but I need to mention it. If your fiance was born in ...
|
| Query about I-797 and I-824 | 4/7/2008 |
Q: Rama, Greetings of the day!! I found the website quite informative and tought that you can answer ...
A: Saurabh, Why would you apply for I-824 and also it takes a long time to process this. You should go ...
|
| EAD and H1b | 4/7/2008 |
Q: sir, i have my ead and wife is on H4 and does not have EAD. i am thinking of working a part time ...
A: Sam, You are right, there are different views on whether working part time on EAD while in H-1B ...
|
| Cap Gap Situation | 4/5/2008 |
Q: My OPT expires on May 31st and I filed for my H1B on April 1st. In order to avoid the cap-gap ...
A: Kishan, You can withdraw your I-539 by writing to the USCIS of your intent to do so. I would suggest ...
|
| question on EAD | 4/4/2008 |
Q: i have my EAD and i am currently working on H1B as a software engineer. My question is can i ...
A: Sam, If you use your EAD (part time or full time) USCIS considers that you are no longer in H ...
|
| Travelling to India while on OPT | 4/4/2008 |
Q: I will be graduating this May, 2008. My OPT will start from July, 2008. My query is, Can I travel to ...
A: Ravi, I would advise against travelling outside the US during the OPT period. However if you wish ...
|
| missing I-20?! | 4/3/2008 |
Q: Ramasamy Krishnan, My wife's I-539 change of status application from F-1 to F-2 has been approved ...
A: Uran, There is no requirement to wait prior to applying for a COS. You can do it at any time ...
|
| Tax Calculations for International Student on F1 Visa who owns a Network Marketing Business | 4/2/2008 |
Q: Proven here. I am a International Student on F1 Visa. I own a Network Marketing Business ...
A: Proven, First you are not allowed to own a business on F-1 status even if it is Amyway or whatever. ...
|
| missing I-20?! | 4/2/2008 |
Q: Ramasamy Krishnan, My wife's I-539 change of status application from F-1 to F-2 has been approved ...
A: Uran, I would advise you to file for your F-2 to F-1 with the F-2 approval notice, I-20 and copy of ...
|
| F1 visa + Visit Visa | 4/1/2008 |
Q: I got admission in UNL university for August20th Batch. I understand I cannot enter before 30 days. ...
A: Anusha, Besides other issues such as intent and being granted a B visa for this purpose, changing ...
|
| H1B | 4/1/2008 |
Q: I'm a B.A. (Hons) Economics and an MBA (Finance). My employer (EDS) is applying for my H1B this ...
A: Ankit, If your employer has gone ahead and applied for your H-1B then it would mean that they are ...
|
| change US visa status | 3/20/2008 |
Q: Im currently working in UK. I recently visited US on B1/B2 visa and got married to my girl friend. ...
A: Sagar, You are eligible to file your permanent residency (green card) without returning to the UK. ...
|
| Immigration | 3/20/2008 |
Q: Today I was shocked about the USCIS update of multiple H-1 information. 1)I transferred my VISA ...
A: Rajani, You misunderstood the USCIS update, it only prohibit multiple H filings for an employee by ...
|
| Immigration | 3/20/2008 |
Q: I am holding the H-1 of company A and now transfer to company B so that is pending now since I am ...
A: Megha, You have misunderstood the rule, the USCIS will deny or revoke multiple petitions filed by an ...
|
| Immigration | 3/18/2008 |
Q: I finshed my MBA and now the liquor store want to file the H-1 for me for the position of Accountant ...
A: Kumar, It certainly would be a stretch to show that a liquor store requires an accountant. The USCIS ...
|
| Immigration | 3/18/2008 |
Q: I am changing my status from H-1 to F-1 by joining the Kaplan that issue the I-20 for 6 month so I ...
A: Rupa, You need to state in your H-1B application the issue and also include the receipt of the ...
|
| dependant mother | 3/17/2008 |
Q: I am relocating to US with family on L1A. My mother is my dependant. What do I need to do to process ...
A: Chetan, They usually give B-2 visas for 3 months or six depending on the officer and if you request ...
|
| Getting Legal | 3/16/2008 |
Q: I am a UK citizen, I came to the US on a tourist visa 20 years ago. I want to get myself straight. ...
A: modupe, It takes around 8-10 years for you to obtain US permanent residency through a petition filed ...
|
| Follow to Join | 3/16/2008 |
Q: I applied for I-485 through EB2 and my case is pending now. I am planning to go back to my country ...
A: Wassim, You can bring your wife only after you obtain your permanent residency. However, if you are ...
|
| US Citizen to marry a UK Citizen | 3/16/2008 |
Q: I was born and raised in the US - my girlfriend has dual citizenship between England and Belgium. ...
A: Mark Daniel, She can come on a tourist visa (not visa waiver) and adjust her status to US permanent ...
|
| L1 | 3/15/2008 |
Q: Can i pursue full-time/part-time masters on L1? If I am on L1 and I get an admit from a univ, can I ...
A: Gaurav, I am not sure what your question is , but in general both L and H visa holders can take ...
|
| Can I work in US after spouse files immigration | 3/13/2008 |
Q: I work for a big India based MNC. I was in US on H1B for 3 years and now am in India. I got H1B ...
A: Asrar, 1) You cannot enter the US on H visa if you do not have job or employer. It is called FRAUD ...
|
| L1 to H1 | 3/13/2008 |
Q: I am curently working on L1 Visa (in US) in an Indian based company. Another employer have applied ...
A: Abhishek, 1) You need to work for the H-1B employer from the effective start date (Feb 2009). You ...
|
| COS from L1B to F1 | 3/13/2008 |
Q: I am currently in US on L1B visa for the past one year.Now I plan to attend school from may 2008. If ...
A: Abhishek, 1) NO your employer will not get to know. And you will be authorized period of stay during ...
|
| Immigration | 3/12/2008 |
Q: I am changing my status from H-1 to F-1 and now I am joining Kaplan and that issue I-20 for 6 month ...
A: Kumar, I am sorry for the confusion, it is taking more than 6 months and if your I-20 is not valid ...
|
| 30/60/90 day rule | 3/12/2008 |
Q: came to the US on a tourist visa. married my US citizen boyfriend and filed adjustment of status ...
A: Dione, Some consider the 90 day rule to do with the State dept and not binding on the USCIS. I have ...
|
| Immigration | 3/12/2008 |
Q: I am changing my status from H-1 to F-1 and now I am joining Kaplan and that issue I-20 for 6 month ...
A: Kumar, If the I-539 is pending while filing the I-129 you need to attach the receipt and make sure ...
|
| Immigration | 3/11/2008 |
Q: I am in one doubt since I am applying the change of status from H-1 to F-1 and I heard that once I ...
A: Rupa, You heard wrong. As long as you are in valid status when you file for a change of status you ...
|
| Immigration | 3/7/2008 |
Q: I was the F-1 student and finished my Bachelor Degree and later I changed to H-1 now I am and going ...
A: Roy, I am not sure if I can answer your question definetly. Check this out ...
|
| Immigration | 3/7/2008 |
Q: Does Green card holder can start the staffing consulting firm and if they can what are the ...
A: Garima, You can certainly open a staffing company or any company for that matter. There is no ...
|
| COS from H1B | 3/6/2008 |
Q: I've applied for COS from H1B to F2. I've received receipt from USCIS. I see that the processing ...
A: Preeti, You can quit now if you wish since you have a pending Change of Status application. And you ...
|
| Immigration | 3/6/2008 |
Q: I am on H-1 B with consulting company and my consulting company is not finding me a project so I ...
A: Rahul, I would suggest that you first find an employer, apply for the H-1B and then you can call the ...
|
| f1 status to follow to join employment based GC application | 3/6/2008 |
Q: I am an F1 student currently out of status for 14 months. Can i follow to join my fiance's GC based ...
A: Ola, You can file for your adjustment of status application if you get married before they approve ...
|
| Immigration | 3/2/2008 |
Q: While changing the status from H-1 to F-1 whether the USCIS will also notify to the company that the ...
A: Rojan, I am not sure exactly what your question is but if you are enquiring whether USCIS will ...
|
| Immigration | 3/2/2008 |
Q: I had a pending H-1 transfer to the consulting firm and while reading in the website I found that ...
A: Rahul, If you are not working for the firm that has applied for the "H transfer" then you are in ...
|
| COS to F2 Question | 3/2/2008 |
Q: I am on OPT which will expire on May 15th and am planning to apply for H1 in April. My husband is on ...
A: Pavithra, You need to file the I-129 with the I-539 receipt and ask the USCIS to match both the ...
|
| L1B to H1B: Change of Status from | 3/1/2008 |
Q: I have a question regarding change of status from L1B to H1B. I am presently in the US on L1B. A new ...
A: Abm, You cannot start to work for your H-1B employer until the start date. If you wish to follow ...
|
| L1/L2 VISAS | 3/1/2008 |
Q: Sir, my company is sending me to USA on L1 visas and my wife and son will be travelling on L2 visa, ...
A: Devang Palan, Your mother is not eligible to travel with you and stay with you for the period of ...
|
| F1- to marriage | 2/29/2008 |
Q: I have been in F-1 student for 15 years. My dad was a resident but died before 16 years ago. I live ...
A: Patricia de hostos, If you marry a US citizen then you would need to file for your Adjustment of ...
|
| Immigration | 2/29/2008 |
Q: First of all thanks for your free service. My employer is filling the H-1 on April 2008 and both my ...
A: Vijaya, Yes. You need to maintain status between May 2008 (technically from July 2008 since F visa ...
|
| Pending F2 application with USCIS | 2/28/2008 |
Q: I understand that my question could be outside of your expertise, but your opinion and suggestions ...
A: Jazuran, If you had filed for your F-2 status while in valid F-1 status then you should be fine. ...
|
| Immigration | 2/28/2008 |
Q: I heard that while applying the change of status from H-1 to F-1 the INS need a proof that the ...
A: Rahul, Yes you should intend to return home. There is no need for you to provide such evidence (I do ...
|
| EB2 question | 2/27/2008 |
Q: I am a bachelor degree holder. I am working for the current employer for almost five years. And this ...
A: Francis, Experience gained from the employer who is also the petitioner is discounted unless the ...
|
| OPT to H1 gap | 2/26/2008 |
Q: I am currently on my OPT. It is set to expire on May 31st, 2008. My wife is on a F1 visa now (her ...
A: Kishan, 1) Yes you can file for change to F-2 2) No, but the H will be approved only after the F-2 ...
|
| H1 Transfer in process - Travel abroad | 2/25/2008 |
Q: I apologize if the question is repeated. My situation is like this, - Working on H1 for Company A ...
A: Goga, Generally speaking, since it is an extension of your H visa, travelling outside the US during ...
|
| New H1B Query | 2/25/2008 |
Q: Iam currently working on L1B in company A. Company B is now interested in sponsoring a new H1B visa. ...
A: Raj P. If you mean by new visa that they are applying as consular processing, then you can continue ...
|
| J1 waiver | 2/24/2008 |
Q: I applied for j1 waiver on persecution basis. And DOS sent favourable recommedations to USCIS in ...
A: Sajid, It does not make sense to me either. As to how J-1 waiver is connected to H visa ...
|
| Immigration | 2/24/2008 |
Q: I came to USA on F-1 and changed to H-1 and now I decided to go back to F-1.So How long it will take ...
A: Rupa, I am not sure exactly how long it would take but it approximately takes around 5-6 months to ...
|
| H1 Transfer after getting 221g | 2/23/2008 |
Q: I have a complicated case, I went for fresh h1 stamping for company A on July 2007 and I was given ...
A: Dinesh, There is no definite rule on this, but I think that it is possible. But you better make sure ...
|
| New H1B Query | 2/23/2008 |
Q: Iam currently working on L1B in company A. Company B is now interested in sponsoring a new H1B visa. ...
A: Raj P, There is no cancellation of visas. If you apply for H as a Change of Status then you will ...
|
| Husbands H1 transfer in process. Can I apply for H4 now?? | 2/21/2008 |
Q: Currently my husband is in US on H1. Me and our son are here at India. We want to apply for H4 ...
A: Jeni, You can apply at any time, provided your husband is able to provide all the supporting ...
|
| L1 to H1 | 2/20/2008 |
Q: My wife is presently in US on L1 with Co A and her I94 is valid till Nov2008. Now we are planning to ...
A: Sub, She can continue to work on L-1 until Oct 1st or the H-1B start date. She can also continue to ...
|
| H1 B transfer , but not Pay stubs | 2/20/2008 |
Q: I am in USA with a consultant for around 35 days. He is not able to place me as of now. So he is not ...
A: Vinod, The USCIS may or may not ask for paystubs to approve your H-1B application with your new ...
|
| H4 to H1 COS | 2/20/2008 |
Q: I found your answers in this forum very valuable. Thanks for taking time to do this. I am in USA ...
A: Ram, Answers: 1) Yes you have the option of H-4 or H-1B. But make sure that the employer continues ...
|
| f1 to GC thru marriage from GC holder | 2/20/2008 |
Q: I am currently a student here in USA since January 2007. I am going to marry a GC holder. I heard ...
A: Kam, You cannot apply for GC immediately based on your marriage to a US resident. Depending on your ...
|
| Immigration | 2/18/2008 |
Q: I am working on H-1 with Company A from Oct 2007 since I transfered to another Company B and now ...
A: Garima, It is impossible to state what the USCIS will ask for, since you do not have your Company B ...
|
| Immigration | 2/17/2008 |
Q: I am working right now in one company on H-1 and I am applying to go back to F-1. My class start on ...
A: Kumar, The best option would be to obtain the I-20 and apply for the change to F as soon as possible ...
|
| married to mexican citizen | 2/16/2008 |
Q: I married a mexican citizen 2 years ago in the US, He had to visit his ill mother in mexico. How or ...
A: Rose, You need to file form I-130 along with the supporting documents proving your bona fide ...
|
| Out-of-Status in US | 2/15/2008 |
Q: Here is my situation: I got my H1 approved in Oct 2007 and started working on it from Nov 2007 . I ...
A: Chandra, The USCIS is pretty liberal in approving H-4 petitions filed under such circumstances. If ...
|
| Immigration | 2/15/2008 |
Q: I am working on H-1 with Company A from Oct 2007 since I transfered to another Company B and now ...
A: Garima, You can file for your change to F with the copy of the approved H and the pending H receipt ...
|
| h1 extension | 2/14/2008 |
Q: Need your advise and suggestion on h1 extension. My husband has his h1 valid till apr 14th 2008. we ...
A: Sukam, 1) It is I-94 and not I-97. He can work beyond the date on his I-94 by filing for an ...
|
| Immigration | 2/13/2008 |
Q: I got my H-1 on Oct through consultancy and my consultancy is not finding me a project and now it ...
A: Rupa, You have no other alternative than provide the documents that you have if you wish to stay in ...
|
| opt gap to H-1 | 2/12/2008 |
Q: Here is my case: I'm on my OPT right, which expires this June 2008. My employers want to apply for ...
A: Aili, 1) I would suggest that you obtain the I-20 from your university or kaplan and extend your ...
|
| H-1 | 2/12/2008 |
Q: I am changing my status from H-1 to F-1 so the company pay me biweekly and I just wanted to know two ...
A: Roma, There are no rules to say that the supporting documents is sufficient or not. If the ...
|
| h1 extension | 2/10/2008 |
Q: Need your advise and suggestion on h1 extension. My husband has his h1 valid till apr 14th 2008. we ...
A: Sukam, Is the consultant the same employer who petitioned for your husband's H-1B. Only if this is ...
|
| H1or EAD | 2/10/2008 |
Q: I am jyothi and before I ask you any question let me tell you my current situation. I am a fresh ...
A: Jyothi, Answers: 1) I am not sure what you mean by "Directly for EAD if my employer agrees". I do ...
|
| H1B extension | 2/9/2008 |
Q: Within the 6 years of an individual's stay in the USA how many times a H1B petition can be extended? ...
A: Neil, An H-1B beneficiary if employed can stay in the US for 6 years. He can recapture any period ...
|
| H1-b visa to H4 visa conversion | 2/9/2008 |
Q: I have H1-b visa. I had to apply for another 3- yr visa extension for another 3 yrs in Nov 1 2007. ...
A: Jaya, When you state that "you applied" and "I checked and sent application fee wrong" do you mean ...
|
| tourist visa | 2/8/2008 |
Q: I am a student on F1 visa and my husband has recently been given an H1B visa. My father is planning ...
A: Manjusha, A B-2 visa does not need any sponsorhip. Of course your father's friend can provide a ...
|
| L2 to H1B | 2/8/2008 |
Q: My wife hold L1 visa from her Company and it is valid till Dec, 2008. I hold L2 visa. I have few ...
A: Vivek, 1) You can apply for EAD only when you are in the US on L-2 status. 2) There is no waiting ...
|
| can u help me? | 2/7/2008 |
Q: my dad mom filed for his paper work as married son with kids....what i wanted to know is that i was ...
A: Singh, If you are parents are permanent residents then they have to file again after you reach 21. ...
|
| About H-1 | 2/6/2008 |
Q: I was holding H-1 with company A and transfered to Company B and now that is approved and I am not ...
A: Manish, You can move to company A as long as the H-1B has not been revoked and continues to be ...
|
| H1 Visa stamping after OPT expiration | 2/5/2008 |
Q: The company I am currently working for applied for my H1-B visa in april 2007. The petition got ...
A: Sai, Since I do not have the date when the H-1B becomes effective, I am stating a general rule. 1) ...
|
| UK F1 Citizen | 2/1/2008 |
Q: I have read many things about F1 Visa holders and the process for immigration if the marriage is ...
A: Kishan, F-1 visa holders should not have any immigrant intent. Since she is married to to a US ...
|
| Advance Parole Usage | 1/31/2008 |
Q: Now that I have my advance Parole can I go to India and come back on Advance Parole but still ...
A: Amit Verma, You can use your H-1 visa to reenter the US. If you plan to use your Advance Parole to ...
|
| Wife's EAD/Green Card application filing | 1/31/2008 |
Q: I have already gotten my EAD and AP. I am not married. I will get married sometime this year. I am ...
A: Amit Verma, You seem to understand that you cannot file for your wife unless your priority date ...
|
| traffic violations on N-400 application | 1/30/2008 |
Q: I had two traffic violations like seven years ago, one for speeding(did defensive driving school) ...
A: Frank, You do not need to answer YES for traffic violations. Also you can state YES and include the ...
|
| Visa for girlfriend (wife) | 1/28/2008 |
Q: I am a UK company director and am moving to Houston very soon (from Scotland) in order to do some ...
A: Colin, Besides getting married and applying for her L-2 visa along with your children, I do not know ...
|
| Phd Visa for wife | 1/28/2008 |
Q: My husband is applying for a PHD in the US, and I want to know what kind of visa do I get (for just ...
A: Maria Jose, If you are husband is entering the US on a F or J visa you can enter as a derivative. ...
|
| J1 EU | 1/28/2008 |
Q: Can a citizen of France issue his J1 VISA in the US embassy in the UK, or is he restricted to the US ...
A: Kate, The US consulates outside France will accept visa applications based on your residence. If ...
|
| green card holder applying for the citizenship marrying F1 visa holder | 1/27/2008 |
Q: I am a Ph.D. student, green card holder, applying for the US citizenship this next May 2009. My ...
A: Maja, 1) No it will in fact affect the renewal of his F visa and his travel and re-entry into the ...
|
| immunizations | 1/27/2008 |
Q: I am looking all over the net for what immunizations you have to have to apply for a green card? ...
A: Sanaa, See http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf for information on ...
|
| re-entry permit | 1/27/2008 |
Q: my mother is a green card holder and next month will be her 5th month staying in India. She filed ...
A: Jas, Her green card will not be cancelled as long as she can prove that she is a US permanent ...
|
| L2 to H1 | 1/23/2008 |
Q: My wife recently went to US on L1. Her employer is now ready to sponsor L2 for me. Prior to this I ...
A: Suman, The employer does not need to sponsor your L-2. You need to take your wife's L-1, documents ...
|
| Green Card holder marrying OPT | 1/22/2008 |
Q: my name is Jessica, I am from Brazil and I have been a green card holder since March of 2005. I am ...
A: Jessica, Marriage to a permanent resident will not allow your future spouse to become a permanent ...
|
| F1 visa to greencard | 1/19/2008 |
Q: My husband came as an F-1 visa. I am a US citizen and we got married 9/2007/ We just sent his ...
A: Sanaa, If you have filed the right applications,your spouse should not have problems of being ...
|
| H1B - L2 | 1/18/2008 |
Q: My wife got her H1B before marrying.she has not yet travelled. I have a L1 visa. when i apply for L2 ...
A: Reven, Your wife can enter and maintain only one non-immigrant status at a time. So if she enters ...
|
| What happens if N400 appl. is turned down? | 1/16/2008 |
Q: I had a DUI conviction in Dec 2000 and was on probation from May 2001 to April 2002. I want to apply ...
A: Paul, If it is the only conviction that you have, I would not worry about the denial if it happens. ...
|
| Reg H4 Visa | 1/15/2008 |
Q: My husband is currently in US on H1.He is planning to do a H1 transfer. And then we have planned to ...
A: Jeni, You need to visit the USCIS website for the information. ...
|
| marrige with greencard girl | 1/14/2008 |
Q: I am an F1 student and engaged with an greencard girl and going to marry soon ...... please give me ...
A: Gaurav, Marriage to a green card spouse will not allow you to obtain immigrant visa any time soon. ...
|
| babies | 1/13/2008 |
Q: I am a us citizen and my girlfriend is a canadian citizen. If she has has children in canada, what ...
A: Corey, It is certainly better to give birth in the US. However, it is possible to obtain citizenship ...
|
| Labor Certification under EB2 | 1/13/2008 |
Q: My husband is applying for GC through his employer. He is a System Engineer,he has a MBA in a USA ...
A: Adriana, Though your husband is qualified to apply under the EB-2 category, the employer should ...
|
| L2 to EAD | 1/12/2008 |
Q: Ramaswamy, I hold an L2 visa and have just arrived in the United States. I understand that I would ...
A: Rahul, You can begin work only after your EAD is approved. The time frame for the USCIS to approve ...
|
| Questions regarding green card for Physical Therapist | 1/12/2008 |
Q: I am an International physical therapist student in S.U. N.Y. Upstate Medical University. I am ...
A: May, It is not available every year, Congress passed laws specifically granting Schedule A visas and ...
|
| Questions regarding green card for Physical Therapist | 1/11/2008 |
Q: I am an International physical therapist student in S.U. N.Y. Upstate Medical University. I am ...
A: May, The best time for you to apply for OPT would be 3-5 months prior to your graduation. Contact ...
|
| Query regarding change of status | 1/11/2008 |
Q: I am planning for status change from H1 to H4.I had an H1 transfer done few months back and have not ...
A: Jenny, In addition to the documents you have listed you also need to add your current H-1B approval ...
|
| j1 to h1b | 12/21/2007 |
Q: I would like to know If I can go from J1 visa to H1b visa? and If I can go from a J1 visa job to ...
A: Sylvia, You can change to J-1 visa to H-1 visa provided you are not subject to the 2 year foreign ...
|
| extending stay after OPT completion in order to complete professional project | 12/21/2007 |
Q: I am an artist who has recently completed a course of study in the US, and am currently on an OPT ...
A: Paul, The process would be to apply for a change of status to B-1 to allow you to stay beyond the ...
|
| Green Card | 12/20/2007 |
Q: my father applied for an employment based Green Card in 2004, we got the "adjustment of Status" ...
A: Nikolay, Three years is certainly a long time. I am not sure why there is such a long delay. I ...
|
| Can I leave US while awaiting lottery appointment | 12/16/2007 |
Q: I already have 01 visa which expires in March '08. I applied for and "won" green card lottery, but ...
A: Marvie, I am not sure what "01" visa is. I am assuming you meant B-1 visa. If it is then you coming ...
|
| small bus. immigr. from Canada to US | 12/14/2007 |
Q: we have a small jewelry design business and want to immigrate to florida. We have no employees. I've ...
A: Zeke, If you are a citizen of a country that is eligible for E visa, I think that 300K plus a good ...
|
| Query regarding transfer from H1 to H4 and then back to H1 again | 12/14/2007 |
Q: First of all thank you very much for your service!! Below is my query - My wife came to US on ...
A: Nilesh, I wish you had carefully planned this earlier. I see many people in the rush to beat the H ...
|
| dependent visa | 12/13/2007 |
Q: Can you please help me with this question? I applied for my I-140 and AOS concurrently this year ...
A: Sairam 1) So stating that when can i apply for my wifes 485. See previous answer 2) can i apply ...
|
| family visa | 12/12/2007 |
Q: I am a US citizen, I have filed for a green card for my brother (pending), he's met a US citizen and ...
A: Gel, Provided he is eligible to file (entered the US on a valid visa etc.) the pending application ...
|
| B1/B2 to H4 while in US | 12/12/2007 |
Q: I recently got H1B visa and traveling United States for the very first time. My wife already have ...
A: Ad, Doing what you state could complicate issues. She may be considered to have entered the US on ...
|
| dependent visa | 12/11/2007 |
Q: Can you please help me with this question? I applied for my I-140 and AOS concurrently this year ...
A: Sairam, 1) Until when can I add my spouse to my Green Card process?Your wife will become a ...
|
| Work location different from Port of Entry | 12/10/2007 |
Q: I hold a valid H1B work permit with work location as Chicago, IL. I am currently in my home country ...
A: Sandeep, You need to show the POE officer both the new and prior approval notices. As long as you ...
|
| Regarding H1B transfer | 11/13/2007 |
Q: I have H1B visa stamped on my passport, sponsered by the Company A. I am currently working for ...
A: Ashish, There are couple of issues in your case. 1) If you are subject to the quota or not. This ...
|
| i want my husband to become legal | 11/13/2007 |
Q: well i have been married almost 4 yrs with my husband and I am a us citizen but he entered illegally ...
A: Soranllely, Unfortunately you are right. But you need to explore if your husband is eligible for ...
|
| L1 to H1 Transfer | 11/12/2007 |
Q: I am working on an L1B VISA and i would like it to be converted into H1B. 1. Do i need to go back ...
A: Ajay, 1) No. You do not need to leave the country for a change of status to H-1B. But if you leave ...
|
| I824 | 11/12/2007 |
Q: My husband has been approved and now the next step is the I824. what happens after we go to mexico ...
A: Rebecca, If one has been illegally present in the US for over a year, he or she will not be able to ...
|
| about my gap from f1 opt to h1b | 11/11/2007 |
Q: I am on f1 opt now and my opt expires in May 2008 and my company will sponsor me on h1b application ...
A: Alfred, If you can apply for your F-2 with an effective date being the date your OPT will expire ...
|
| CSPA | 11/10/2007 |
Q: Respected Sir, I am from India My name is Uzzaif Mansuri. Our Case Number : BMB1997615009 PA ...
A: Mr. Mansuri, The CSPA allows you to substract the time taken in processing the I-130 petition filed ...
|
| L1 -> H1 transfer {Can I woork for prevoius employeer} | 11/10/2007 |
Q: I have got L1 (Comp. A) to H1 (Comp. B)with COS. But Comp B is not able to find project for me, So I ...
A: Satish, Absolutely there is a problem, you are currently on H-1B status and you are not working for ...
|
| divorce after green card | 11/9/2007 |
Q: my husband and i has been married for about 15months now.we started having problems and he wants a ...
A: Mirabel, You would be required to file the Form I-751 to remove conditions on your green card. This ...
|
| My brother's I-130 and visit Visa | 11/8/2007 |
Q: Last month I got my US Citizenship and applied for my brother's green card (I-130) few days ago. ...
A: Imtiaz, It is true that filing for an immigrant visa would prevent the visa officers from issuing an ...
|
| L1 and L2 Visas | 11/7/2007 |
Q: I have L1, i want to take L2 for my wife. She is working and her company will also apply for her L1. ...
A: Jegadish, You are confusing between status and visas. Visas are only for entry into the US. So you ...
|
| Applying for Spouse's 485 | 11/7/2007 |
Q: Can you please help me with this question? I applied for my I-140 and AOS concurrently this year ...
A: Pradham, Your spouse will become eligible as a derivative if the marriage takes place anytime prior ...
|
| Wife's H4 | 11/6/2007 |
Q: I'm on H1 and changing my employer which should be done by November end. I'm opting Premium ...
A: Mayank, 1) There is no provision for your employer to apply for an H-4 if your wife is not in the ...
|
| marriage visa question | 11/6/2007 |
Q: i'm a UK citizen who recently married a US citizen whilst living in the states. i was recently told ...
A: Paul, I am sorry that I will not be able to answer your question based on the facts that you have ...
|
| Travel with pending H1 application | 11/4/2007 |
Q: I am currently working with a company on my OPT (am on F1 status). My OPT ends on 30th Sep 08 after ...
A: Rayomand, The H-1 effective date is Oct 2008. So there will be a gap between your OPT end date and ...
|
| Arrest warrent | 11/2/2007 |
Q: I got a speeding ticket (4th Jul) didn't went to court on the date (20th Aug) went to court after ...
A: Cotes, I think you should be OK with going to either Canada or India. But you should be prepared ...
|
| My husband | 11/2/2007 |
Q: My husband also came here illegally back in 2000. We got together in 2001 and were married in 2003. ...
A: Mary, I am sure that the domestic violence charge may make is immigrant visa issuance bothersome. I ...
|
| marry illegal immigrant with arrest record | 11/1/2007 |
Q: I am a U.S. citizen and my boyfriend and I want to marry. He is a Mexican citizen and is in the ...
A: Lucia, Your boyfriend's illegal status will prevent him from obtaining any immigration benefits at ...
|
| Parents I 130 petition | 10/31/2007 |
Q: I have filed for both my parents immigration. I was advised by the state dept that my mothers case ...
A: Salman, If your mother gets her immigrant visa earlier, then she can come into the US before your ...
|
| Immigration to the us | 10/29/2007 |
Q: my wife has a daughter living in the us and married to an american citizen she wants to sponsor my ...
A: Dan, First the daughter needs to become a US citizen to sponsor your wife. If it is step parent-step ...
|
| I-797C,NOTICE OF ACTION | 10/28/2007 |
Q: I missed my appointment for my fingerprint on 09/13/07 What should I do? Please help. Thank you
A: Luckana, Go ASAP to a the ASC office and see if they will do the fingerprints for you. Usually they ...
|
| approved case/ deportation | 10/28/2007 |
Q: the reason i'm asking is my wife is us citzen and sponsered me and we have an approved letter ...
A: Tes, Based on what you have stated, it would seem that you have some facts in your favor, but I ...
|
| Application I-131 Travel authorization | 10/28/2007 |
Q: I filed I-485, I-130 and I-765 and i sent last friday I-131 for travel authorization, but i think ...
A: Luciano, There is no sure method to correct the errors, you have couple of options, 1) Redo the form ...
|
| Regarding marriage issue. | 10/27/2007 |
Q: I am US citizen and my girl friend is Indian citizen currently having student visa in U.K and ...
A: Aamir, You would need to apply for a fiance visa (K-1) or after marriage either apply for an ...
|
| freezing my alien reg card | 10/27/2007 |
Q: I would like to suspend my green card & visits to the USA for 2 to 3 years. Is this possible? Does ...
A: Alia, There is no such thing as "freezing my alien reg card". You are required to show that you ...
|
| F1 Opt Gap | 10/27/2007 |
Q: Krishnan, My OPT period expires in the first week of June. I have a company who would like to hire ...
A: Naunidh, You would need to either get back to F-1 status or leave the country and re-enter the US 10 ...
|
| Ex H1B holder | 10/26/2007 |
Q: I am an ex H1B holder. My previous company (Company A) had applied for my H1B. My H1B was valid from ...
A: Moumita, Your new company needs to apply for an H-1B visa for you. There is no such thing as ...
|
| hi | 10/26/2007 |
Q: i have a green card for the past 5 yrs and im in process of becoming a citizen. ive been married for ...
A: Sezin, If he is deported he could be barred from returning to the U.S. for up to ten years, if not ...
|
| i-601 waiver | 10/26/2007 |
Q: when is the best time to go on the info pass to get an appointment in ciudad juarez been trying for ...
A: Kathy, At the latest American Immigration Lawyers Association meeting with Mr. Janssen the officer ...
|
| F-1 Leave of Absence | 10/26/2007 |
Q: I am a Norwegian citizen, currently on a one year leave of absence from a 4 year university in ...
A: JH. As you not violated your F status, I would suggest that in addition to the normal documents such ...
|
| Changr of statu to H1B | 10/25/2007 |
Q: I have graduated from a US highschool, I got my 4 year University degree in the US, after 2 years ...
A: Nikola, You cannot get an H-1B visa if you are out of status. You can apply for a visitors visa but ...
|
| P-3 visa after OPT expired | 10/25/2007 |
Q: My OPT just expired but I got an offer for a job that offers a P-3 visa. Do you know how long it ...
A: Elaine, Processing times for I-129 are about 3 months. You can be in the country while your P-3 ...
|
| Sponsor obligation question | 10/24/2007 |
Q: I'm writing on behalf of my boss. His son married a Columbian woman who was here on a student visa. ...
A: Deborah, Your boss will continue to be held responsible if she uses public benefits and not for the ...
|
| please reply | 10/24/2007 |
Q: Respected sir, I request you to answer my question in detail. I shall be very thankful to u for ...
A: Ajmal, We are not sure what the State dept's Administrative process entails at this time. Most are ...
|
| H1B Visa transfer | 10/24/2007 |
Q: I was in US for 5 months on H1 visa from employer A. Now I have come back to India and planning to ...
A: Venkatesh, There is no such thing as "H-1B transfer". Every employer who wishes to employ you has to ...
|
| H1-B and job promotions | 10/23/2007 |
Q: I am a current H1-B visa holder. I have already applied for my green card and change of status - ...
A: Leroy, Yes a material change in your job duties would affect your H and green card application. You ...
|
| Hello | 10/23/2007 |
Q: my name is Donald and I was wondering if I could marry my girlfriend here in the USA? Well I came ...
A: Donald, You can apply for your green card after you get married to your US citizen girlfriend. But ...
|
| i need your orientation please | 10/22/2007 |
Q: im 24 years old i came to the US when i was 19 year old i came just across the border in simple ...
A: Antonion, At this current time the regulations does not allow you to stay in the US even though you ...
|
| H1B stamping in canada | 10/22/2007 |
Q: I have two MS degrees one in EE & Physics here in US. I work in IT field. I am planning to go for ...
A: Aravind, I do not see any issues from what you stated. "have two MS degrees one in EE & Physics here ...
|
| F1 COS, stamping needed | 10/21/2007 |
Q: My wife came to the US on H4 in Dec 05. She enrolled in a grad. school for a masters in ...
A: Sudeep, 1) I see no effect, maybe in some remote way proving that she is a student. 2) & 3). As I ...
|
| F1 COS, stamping needed | 10/20/2007 |
Q: My wife came to the US on H4 in Dec 05. She enrolled in a grad. school for a masters in ...
A: Sudeep, If she is planning to return before Dec'07 to complete her degree, I feel that she should ...
|
| reentry permit | 10/19/2007 |
Q: My mom is a green card holder.While she was here in June she filed for a reentry permit and left.I ...
A: desi, If your question is whether a US permanent resident can enter the US while her I-131 petition ...
|
| B-1 visa / I 129F? | 10/18/2007 |
Q: My fiance is an Indian national from India. Right now, he is in UAE; I met him in the U.S. when he ...
A: Janna, Your husband can come to the US and get married and you would not need an I-129F if he plans ...
|
| us citizenship | 10/18/2007 |
Q: I have a conditional green card right now through marriage and will be filing to have the condition ...
A: Kristine, You are right but there is a difference between physical presence and residence. The ...
|
| Transfer from J1 to H1 Maryland | 10/17/2007 |
Q: I was working with J1 visa and my visa just expired at the end of September. I got an offer from ...
A: Yasuko, Yes, it would be possible to apply for your H with the favorable recommendation from the ...
|
| OPT status if i have applied for naturalization | 10/16/2007 |
Q: I am a masters student on F1 status in US, However my parents are permenant resident and they filed ...
A: Pranal, F-1 status does not allow dual intent, so the pending I-130 would be problematic more so if ...
|
| e2 visa | 10/16/2007 |
Q: i have been travelling to the states on a visa waiver, but i want to start a business, probably in ...
A: Glyn, The amount would depend on the type of business you are going to invest in. There is no ...
|
| Brother married after we filed for his greencard | 10/14/2007 |
Q: Greetings: My brother married in 1997, we filed for greencard in 1996. Current Prority date ...
A: Sujatha, There are no forms to file at this time, once his priority date becomes current, the State ...
|
| Travel to India on Old H1 stamp | 10/12/2007 |
Q: Really appreciate your work and advice.I am aware that these advices can not be taken as a ...
A: Ganesh, You can re-enter on the visa obtained through company A. And since you will continue to work ...
|
| L1B(individual) and h1 b | 10/11/2007 |
Q: i had a question which i need a able advice from you sir. presently my employer initiated L1 B work ...
A: Mahidar, There is no rule against it, but the consulate will cancel you prior visa and it may also ...
|
| Urgent - H1 transfer approval waiting. Got another offer. Please advise | 10/11/2007 |
Q: H1-B transfer has been filed by company X and have got the reciept number. I have been working for ...
A: Harry, You can port to company Y, but it would be an all or nothing move. If your company X H is not ...
|
| H1 approved,H4to H1 COS denied.What are my options? | 10/10/2007 |
Q: I got my H1 approved for this year.I was on H4 and travelled to India when the application was in ...
A: Snigdha, I think that you should be able to file an amended petition on these facts. I understand ...
|
| H1b Extension | 10/9/2007 |
Q: I have few queries regarding my H1B extension, could someone please help me find the answers: 1) ...
A: Rohit, 1) It should not be an issue for you to petitioned by another employer during your extension. ...
|
| Work permit for spouse | 10/7/2007 |
Q: My company in India is willing to give me L1 for work in US. But I am concerned on the below: ...
A: Priya, 1) Yes he will be given L-2. 2) This is a legal forum, so I will be unable to answer ...
|
| H1B NGO | 10/6/2007 |
Q: I have a business administration degree, have been in the US in a tourist visa for 3 months (since ...
A: Lucia, First, your volunteer work is illegal and you violated your tourist visa terms. I would ...
|
| switching from E3 to L1 visa | 10/5/2007 |
Q: I am an executive working for an Australian company with a fully owned subsidiary in the US. I was ...
A: Michelle, You can switch from E-3 to L-1, provided you qualify for an L-1 visa. If you are approved, ...
|
| Q about N 400 Form | 10/4/2007 |
Q: I am filling my citizen ship form I filled everything only one Q I didn't know the Q is about ...
A: Dharminder, The selective service registration ineligibility applies only for persons who knowingly ...
|
| h1 transfer receipt delay | 10/4/2007 |
Q: I am working for a company A and I got a new job in company B. B has filled for H1 transfer on ...
A: Manu: You can join the new employer without a receipt. I would advise that you begin work after ...
|
| EAD | 10/4/2007 |
Q: I recently filed my AOS/485 application in which I included my spouse. We have our I-797C notices ...
A: Mohan: She can file independently for her EAD based on the pending I-485. They should have given ...
|
| Transfer from J1 to H1 Maryland | 10/2/2007 |
Q: I was working with J1 visa and my visa just expired at the end of September. I got an offer from ...
A: Yahuko: You are right you will be out of status after October. I would suggest that you also try ...
|
| H4-H1 visa stamping issue | 9/26/2007 |
Q: After going through many Non Immigrant visa issues, I am sure that you can clarify my doubts. This ...
A: Usha: It would seem that you travelled to India while your COS from L-2 to H-1 was in process. Is ...
|
| Reg. H1B Transfer from J1 | 9/26/2007 |
Q: I had come to the US on a J1 Visa for my Masters Program at a reputed University. I had applied ...
A: Lakshmi: You can do a change of status from J-1 to H since you have obtained the 212(e) waiver. You ...
|
| H1B stamping | 9/25/2007 |
Q: I have a master's degree in CS(from USA). I work for a company "A" that filed my H1B based on my ...
A: Adi: There is no rule that if you get a non-US degree then you are not eligible for a visa. The ...
|
| My Expedited Passport | 9/24/2007 |
Q: I applied the expedited passport plus 2 ways overnight delivery on 08/09 at County Clerk. My ...
A: Emily, Call the Washington DC Passport Agency and find out if they have issued one to you. I have a ...
|
| Salary Difference. | 9/24/2007 |
Q: My employer had filed a visa transfer petition on my behalf and I have received the papers. However, ...
A: Subramaniam: Mostly the problem arises when the paid wage is less than the prevailing wage. However, ...
|
| Out-of-Wedlock Child | 9/23/2007 |
Q: I have a married friend who is being petitioned by his U.S. father. However, he has a child born out ...
A: Quang: This is a complex issue but I think he can if he can prove paternity and establish existence ...
|
| Visa | 9/21/2007 |
Q: My spouse is here on H1B and I am on H4 visa. We have been in the US since last 11/2 years. He has ...
A: Annie: 1) Apply for change of visa from H to L. Since he is a senior manager and has been employed ...
|
| Regarding Paystubs required for H1B | 9/21/2007 |
Q: My H1B Starts on OCT 1 2007, I wanted to got to stamping in 3rd week of october. can i go to visa ...
A: Santosh: If you are currently working for the H-1B employer then I would think the paystubs in ...
|
| L1 to H1 & L2 to H4 | 9/21/2007 |
Q: I came to USA in Nov 2003 on L1B visa thru company 'A' and my wife as L2 (My wife got EAD thru L2, ...
A: Chandu: If the H-1B was for applied for as a change of status, both you and your wife have been out ...
|
| L1 & L2 visas | 9/19/2007 |
Q: My husband is on an L1 visa due to company transfer, myself and children are on L2 visas. I have ...
A: Sandra: There is no way to add your name to your husband L-1. Your I-94 should be proof enough of ...
|
| INS # | 9/17/2007 |
Q: What is an INS #? Can a person work with an INS #? What is the difference between an INS # and a ...
A: Ofelia: The INS# or A# is issued by the US Immigration Service, when you file for your work permit ...
|
| H1B Stamping | 9/17/2007 |
Q: Ramasamy, I plan to go for my H1B stamping in December of this year. I have been working for my ...
A: Anjali, You cannot get a new offer letter if you are already working for an employer. The offer ...
|
| H1B stamping in Oct without paystubs | 9/13/2007 |
Q: Ramasamy, My OPT has expired on 24th August, 2007 and my H1B has been approved and will be ...
A: Ishita: Since you are in OPT and will be leaving the US to reenter on H-1B visa, the lack of ...
|
| H1B stamping in Oct without paystubs | 9/12/2007 |
Q: Ramasamy, My OPT has expired on 24th August, 2007 and my H1B has been approved and will be ...
A: Ishita Desai: I am not sure what kind of help you require, if you do not have pay stubs is it ...
|
| L2 Question | 9/11/2007 |
Q: I'm on an L1-B visa. I'm processing my wife's L2. In the DS-156, there's a question that baffles me: ...
A: Erickson: Either a YES or NO answer should not be an issue. So if she states NO it would not ...
|
| petition returned to uscis from consulate | 9/11/2007 |
Q: Hai ramasamy krishna, I attended chennai consulate 3 times, they asked reagrding client all the ...
A: Sudhakar Reddy: You need to contact your employer or the employer's attorney to ask them to check ...
|
| immigration | 9/10/2007 |
Q: I am a US citizen, and my boyfriend is currently an F1 visa student. He is a doctor from Saudi ...
A: Gabriele: It does not take two years to get his green card. You need to file for his adjustment of ...
|
| US Citizenship N-400 Interview | 9/9/2007 |
Q: In my US Citizenship interview in St. Louis, MO I told IO about my 2003 speeding ticket and gave ...
A: Imtiaz: I think that you should be able to get your N-400 approved since a speeding ticket is not ...
|
| H1B | 9/8/2007 |
Q: I just graduated with master in music in June 2007 and now I'm at OPT status. Here are some ...
A: Melody: You can check www.uscis.gov for information regarding R-1 visas. I am not sure what your ...
|
| my OPT expires on December 31st. | 9/8/2007 |
Q: My OPT expires on December 31st, but I am getting job offers now. However, I am a photojournalism ...
A: Satoshi: You can apply for B-1 visa but I am not sure if they will approve it. In most cases it ...
|
| family 485 and weird document requests from IO | 9/5/2007 |
Q: Me and my husband are married for almost two years. we were both phd students on a large campus. he ...
A: Sue: You should call the officer or make an infopass appointment and check on your status of the ...
|
| H1-B Transfer | 9/4/2007 |
Q: My questions are as follows: 1. I am currently on OPT Status and got my H1-B approved effective ...
A: Sandeep: Answers to your questions are 1) YES. 2) If the company does not revoke the H visa you can ...
|
| H1B cap and H1B1 set asides | 9/3/2007 |
Q: I graduated with a master's degree in business from a university in the US in May 2007. My OPT ...
A: Salih: It is only available for Chile/Singapore citizens. The other exception to the quota is if you ...
|
| notify embassy | 9/3/2007 |
Q: i dont know if my question is appropriate on your category of expertise, i am currently an ...
A: Stephen: There is a security check before issuance of visas and also your subject to a security ...
|
| immigration | 9/2/2007 |
Q: ""i came in USA Nov 01, 1996 with p3 visa. then i get green card on base of labor cert in may 2002. ...
A: I would advise that you consult with an experienced immigration attorney in this matter. Do not wait ...
|
| L-2 processing times | 8/30/2007 |
Q: My husband has obtained an L-1 visa to work in the US, and I am planning to apply for my L-2 visa in ...
A: Marta: You will not get a I-797 form, you will have the L-2 visa stamped on your passport and when ...
|
| L-2 processing times | 8/30/2007 |
Q: My husband has obtained an L-1 visa to work in the US, and I am planning to apply for my L-2 visa in ...
A: Marta: Usually the consulate will issue the visa on the day of the interview. It would take longer ...
|
| Change of Status from OPT to H1B | 8/29/2007 |
Q: My OPT expired on July 31st and I got my H1B starting from Oct Ist. Since grace period is only 60 ...
A: Babu: There are not many options out there for you. I would suggest that you leave the country and ...
|
| H1 Transfer witout payslip | 8/29/2007 |
Q: Is it possible to get your H1 transferred from Company A to Company B when you have not started the ...
A: You can file with out pay slips by arguing that the beneficiary is still an employee of Company A ...
|
| First Time H4 to H1 in Canada | 8/29/2007 |
Q: Before my marriage in April I had applied for my wife in this years quote and after marriage I got ...
A: You can file an amendment or a change of status in the US and if you do so she does not need to ...
|
| the gap between OPT and H1B | 8/28/2007 |
Q: My OPT expires on July 25, 2008. My company will apply H1 for me before April 1st. but if they do ...
A: Salih: You will have gap between your OPT and H-1B start date. F-1 students are given a 60 day ...
|
| Re-filing H-1B after COS denial | 8/28/2007 |
Q: I filed for a COS from F-1 to H-1B but was denied on CAP GAP grounds (no status between OPT ...
A: Haider: OK I get it. The COS component of your H petition was not approved. I think that you can ...
|
| L1 to H1 Status. | 8/28/2007 |
Q: I am currently working for company A on L1-A visa. Company B had filed my H1-B visa with change of ...
A: Chennuru: If your current company files for a L-1A extension at this time and the effective date is ...
|
| Re-filing H-1B after COS denial | 8/28/2007 |
Q: I filed for a COS from F-1 to H-1B but was denied on CAP GAP grounds (no status between OPT ...
A: Haider: You state that your COS to H was denied and later below you state that you were granted H ...
|
| L2 visa with valid B1 | 8/27/2007 |
Q: my wife is working & she has a valid B1 visa. Now i want to apply L2 visa for her from my company. ...
A: Seetharamu: You cannot have two visas at the same time. You need to apply for a change of status to ...
|
| H-1B transfer from University to Industry | 8/27/2007 |
Q: I have H-1B and woprking in a university right now. I have an offer from Industry. 1- Can i trasfer ...
A: Aslam: You are subject to the cap and you have to wait until April 1st for your new employer to file ...
|
| green card related | 8/27/2007 |
Q: i am a F1 student in USA recently got married and will apply for green card in 2007, just want to ...
A: Raza: Without looking into the document I will be unable to help you. In some states it is a ...
|
| VISA | 8/25/2007 |
Q: I am currently working in USA on H1B visa. I came to USA in 2006 and last year I changed my employer ...
A: Binny John: You can reenter US on your current visa before it expires on Sept 2008. You need to take ...
|
| fiancee becoming F-2 | 8/25/2007 |
Q: I'm on F-1 status expiring Dec 2007 but I already applied for OPT so my employment authorization is ...
A: Claudia: You can get married and have your spouse apply for a change of status to F-2. However, you ...
|
| H1-B Sponsorship from a Non-Profit | 8/25/2007 |
Q: I am currently based in India. A Non-Profit company based in Virginia is willing to Sposnor me. I ...
A: Punit: To be be exempt from the H-1B quota the company should be a non-profit organization ...
|
| OPT, F1 doubts | 8/24/2007 |
Q: Sir, May be I am asking questions which you have answered before. But I didnt get exactly what I ...
A: Rajiv: Answers to your questions are 1) If you get your H-1B approved your OPT becomes invalid. If ...
|
| Regarding my previous question | 8/24/2007 |
Q: krishnan, Thank you for your prompt response. The 221(g) blue form has some documents that are ...
A: Please do provide all the requested documents even if it was provided earlier. I think that once you ...
|
| Wife's H-4 Visa under AAP 221(g) blue slip | 8/23/2007 |
Q: My wife recently attended the chennai consulate visa for her H4. The consulate officer told her to ...
A: Sundip: 1) I do not know, it depends on the chennai consulate's processing times. 2)I do not ...
|
| Working beyond OPT | 8/23/2007 |
Q: I am working on my OPT on a contract position and my company wants to make me permanent now.Is there ...
A: Ruhnaz: If your are a researcher and the job is in R&D you can try for an O-1 visa. Besides this I ...
|
| COS from B1 to F1 , I-94 expiring | 8/23/2007 |
Q: Sir, I came to US on april 2 ,'07 with the intent to change to H4 and study as my husband had ...
A: You applied for a change of status while continuing to maintain your B-2 nonimmigrant status so you ...
|
| Is I-539 sufficient for L1 to F1 status change? | 8/22/2007 |
Q: I want to know what is the procedure for L1 to F1 status change. Along with the I-539 and a letter ...
A: To change to F-1 Status you need a I-20 issued to you from the school you are plannning to attend. ...
|
| How to use my B1/B2 visa to visit my friend in USA | 8/22/2007 |
Q: My Friend with Green card is currently at SFO . I have a 10 yr B1/B2 visa without any annotations ...
A: Dinesh: There is no specific set of documents that you require, the immigration officer decides if ...
|
| COS from H4 to H1B | 8/21/2007 |
Q: An Indian Company sponsored for my H1B and I got Stamped in India last December(2006).I never ...
A: Kalaivani: Answers to your questions are 1) You can call the H employer and check if he has revoked ...
|
| OPT to J1 | 8/21/2007 |
Q: I am currently working on my OPT,which will expire on Jan2008. I couldn't get H1b this year.Now I am ...
A: Usually the J-1 employers are universities and research organizations. Additionally some J-1 visa ...
|
| about H4 | 8/21/2007 |
Q: .this is kalyani..my husband is applying for h1-b and me for H4.we both r going to attend the ...
A: I am unable to answer your question since I do not understand this portion of your question. ...
|
| In status or not? | 8/20/2007 |
Q: While on my OPT, I for my H1B. There was a 4 month gap between my OPT expiration and October 1st. So ...
A: If you are continuing to maintain your full time student status, the denial of the H-1B does not ...
|
| H1B - petition returned to INS | 8/18/2007 |
Q: I am a software professional working in Dubai, UAE. I have a query regarding an old H1B petition of ...
A: The consulate returned the petition to have the Immigration Service to reevaluate its decision based ...
|
| OPT ISSUE | 8/17/2007 |
Q: My friend to India on OPT. His F1 visa is expired. He went to chennai consulate to get another F1 ...
A: Sudha: The chennai consulate has a reputation of issuing such 221(g) notices for additional ...
|
| COS H4 TO F1 | 8/17/2007 |
Q: Applied for change of status from H4 to F1 on March 1, 2007. Received RFE sometime last week of MAY ...
A: Kailash: I am not sure if the Canadian consulate would issue you an F-1 visa without the original ...
|
| OPT issue | 8/16/2007 |
Q: Hai, My friend is in OPT and he is currently working as an full time employee. His H1 is starting ...
A: Sudha: I am unable to answer your questions because you have not provided much info on this matter. ...
|
| H1B - petition returned to INS | 8/16/2007 |
Q: I am a software professional working in Dubai, UAE. I have a query regarding an old H1B petition of ...
A: Paul: Answers to your questions are 1) Your visa was not rejected. 2) The case will not be valid ...
|
| About travelling outside USA during my OPT | 8/16/2007 |
Q: Can I travel to other countries while I am on my OPT? Right now I work for a company and by the time ...
A: Sandeep: I am sure you can travel to any country you wish. But I think your question is about ...
|
| immigration | 6/15/2007 |
Q: 1) we need to change status to apply for 1-130 or F1 after entered in usa. in this case u.k ...
A: Rana: 1. No she cannot change status in the US if she comes in on visa waiver 2. Yes it would be but ...
|
| L2 visa questions | 6/15/2007 |
Q: I am planning to get my L1 visa stamped next month. My wife, a B.Tech degree holder, has a 1 year ...
A: Vinode: The L-2 visa does not require inquiry into the applicant's academic records. So I do not ...
|
| I-485 | 6/14/2007 |
Q: My company filed for my I-140 on EB-2 category based on my approved labor cert. Consequently, it ...
A: Jun: Re-using the I-485 would take some doing. So I would suggest that you file the I-485 again ...
|
| F1 to H1B | 6/13/2007 |
Q: I am a graduate student planning on graduating in spring 2008 in US. My OPT will start sometime in ...
A: Ritu: Yes you can file for your H-1B prior to obtaining your diploma. You would need a letter from ...
|
| Wrong birth date calculation on I-129F petition | 6/12/2007 |
Q: Krishnan, I have a problem. I am an American citizen and I filed an I-129F for my Ethiopian ...
A: Allegra: You need to file an amended petition with the supporting documents. The amended approval ...
|
| OPT Status | 6/12/2007 |
Q: I completed my masters on 28 july 2006 ,My OPT start date was 1 Aug 2006 and end date is July 31th ...
A: Srikanth: You can stay during the 60 day grace period, but the one day gap would be an issue. You ...
|
| L2 to H1B | 6/12/2007 |
Q: I am due to travel to the US with my husband on L2 Visa. I have 3 questions 1. Can I apply for H1 ...
A: Rashmi: 1) You can apply for an H-1 visa during your stay in the US. But there are no H visas ...
|
| I-129F Petition | 6/9/2007 |
Q: My fiance (who is a UK resident) and I are in the early stages of the I-129F Petition and have run ...
A: Elizabeth: You need to complete the G-325 giving the details of both your job histories as required. ...
|
| Have Approval Notice - need visa | 6/8/2007 |
Q: I need to travel urgently - in about 2 weeks and I have an approved i-797. What is the quickest way ...
A: Peter: If you are going to Canada or Mexico for a short trip then you do not need a visa. The ...
|
| b1 and h1 from different employers | 6/8/2007 |
Q: Currently my H1 is being processed by consultant A for the Oct 2007 entry and I have an RFE for it ...
A: Kris, Both B1 and H1 can be processed simultaneously, however you will not be able to just "switch" ...
|
| H1 Visa Stamping in Canada / Mexico | 6/7/2007 |
Q: I am on F1 - OPT that ends on July 15 th 2007. My H1 petition approval (Form I797) has a start of ...
A: Phani: You can apply for an the visa on August 20th but the issue would be your status in Canada ...
|
| consequences after transfer of F1 to H1 | 6/7/2007 |
Q: I am currently on F-1 and not yet graduate in MS computer science but received a job offer from a ...
A: Raz: You are required to stay in status until October 1, 2007. The only period of exception to this ...
|
| invite family on B2 visa | 6/6/2007 |
Q: I am currently in US on F1 visa and working on OPT (EAD card) which will expire on OCT 1st 2007. My ...
A: Chugh: The B visa would be issued if the consulate finds that your parents are not a risk of ...
|
| US and Canadian permanent residence | 6/5/2007 |
Q: My wife and I have pending I-485 applied for through my employer. I'm currently on H1B and she is on ...
A: Syavosh: The answers to your questions: 1) There will not be any problems the POE officers are well ...
|
| H4 to H1B transfer | 6/1/2007 |
Q: I am having H4 visa stamped in jan-07 & want to transfer it to H1B.I am in USA since march 8th. I ...
A: Sujata, There are no H-1B visas available for this fiscal year. (Oct '07 to Oct'08) However you ...
|
| H1 Transfer Before travel to US | 6/1/2007 |
Q: I got my H1b stamping through employer A in April 2007. I have my I-797 with me from this employer ...
A: Mostly the USCIS guidance on this issue is related to an H, L, O, or P nonimmigrant alien who ...
|
| e2 visa | 5/30/2007 |
Q: I AM IN PAKISTAN AND FATHER IS US CITIZEN AND HE APLLY MY CASE AS FAMILY F1 AND MY CASE IS APROVE ...
A: Sam: You are eligible to apply for E-2 visa even though you have an approved IV petition. But you ...
|
| F1 Visa and stuck | 5/29/2007 |
Q: I had high hopes of working here in USA to finance my studies.This has been a nightmare and proving ...
A: Terrie: If it is a bonafide marriage and your BF is a US citizen, then you can apply for your ...
|
| F2 to F1 conversion | 5/29/2007 |
Q: My husband is in the US on F1 status. If I apply for F2 status, how easy is conversion to F1 status ...
A: Divya: Changing to F-1 should not be too difficult, you need to have an I-20 and documentation of ...
|
| F-2 | 5/27/2007 |
Q: Currently, I am on F-1 visa and planning to lodge F-2 soon. I have heard that F-2 in Usa can take 3 ...
A: Jatinder: The problem with filing F=2 and a H-1B simultaneously would be that we cannot forecast ...
|
| K1 Visa | 5/27/2007 |
Q: My sister came to US using K1 in 11/2005, she was married in 90 days and applied I485. She and her ...
A: Mike: It does not take that long, did they give a reason why it should take this long? One reason I ...
|
| Out of status issue | 5/26/2007 |
Q: i'm a student on F1 visa .. i went out of status for a semester .. how can i stay back in US and ...
A: Arun: If you have recently falled out of F-1 status you could try to get reinstated. To do this you ...
|
| out of status or not? | 5/25/2007 |
Q: Both my wife and I have H-1B visa now. Her H-1B status is valid until May 2008. She is on maternity ...
A: ABC: It would seem that there was a mistake committed either on your I-539 application or by the ...
|
| Green card lottery | 5/25/2007 |
Q: I am graduate student with F1 visa expiring in August 2007. My husband was approved H1B visa in ...
A: Ana: To take a reduced course work you need permission of the International Students office at your ...
|
| Adjustment of Status | 5/25/2007 |
Q: Krishnan, thank you very much for your immediate response on my first question. I would also like to ...
A: Davidovic: I am not sure there is a question for me in this. As for the information on the DV case ...
|
| Adjustment of Status | 5/25/2007 |
Q: I just got notified by KCC that I am a DV2008 winner, I wish to adjust status here but i have a ...
A: Tawen: The situation you have described requires you to contact an immigration attorney to evaluate ...
|
| Green Card Lottery | 5/24/2007 |
Q: I am currently on my OPT training and I have approved my H1-B for October 200t. However, I got ...
A: On the issue of the F-1 visa, irrespective of the expiry of the F-1 visa your spouse would continue ...
|
| Change of status | 5/22/2007 |
Q: I am currently on my H4 visa and have an approved H1 B visa. However my approval notice says that I ...
A: Surabhi: Our firm charges $1250.00 for filing H-1B petitions. This does not include the USCIS ...
|
| Traveling to US on visitor visa with approved I-130 | 5/22/2007 |
Q: My parents have an approved I-130 (thru family sponsorship by my sister). They are planning to come ...
A: Jyoti: Canceling the I-130 is not a good idea. I suggest that you contact an attorney to provide ...
|
| Traveling to US on visitor visa with approved I-130 | 5/19/2007 |
Q: My parents have an approved I-130 (thru family sponsorship by my sister). They are planning to come ...
A: Jyoti: An immigrant petition filed on their behalf will indicate an immigrant intent by the officers ...
|
| H1 Visa Question | 5/19/2007 |
Q: I was on H1 visa from April 2000 to August 2001 and then I converted to F1 visa from August 2001 to ...
A: Venkat: I do not have a clear answer to your question. However, when based on regulations such as ...
|
| H1B visa | 5/18/2007 |
Q: R. Krishnan I like to know if the H1B visa is single entry visa?(If the visa holder should obtain ...
A: Mehrdad: The H-1B visa is normally issued for the period of its validity as a multiple entry visa. ...
|
| business immigration | 5/17/2007 |
Q: 1)1 and my wife got green card through L-1 Business visa/now my son who also green card being ...
A: Rana: If your son is a permanent resident, then his wife would have to wait for some time before ...
|
| change of status | 5/17/2007 |
Q: My wife is currently doing MS in Computer Science on H4 visa since Jan 2007. She applied for change ...
A: Kailash: She will continue to be on H-4 status and she can return on H-4 visa. Only her change of ...
|
| change of status | 5/15/2007 |
Q: My wife is currently doing MS in Computer Science on H4 visa since Jan 2007. She applied for change ...
A: Kailash: 1)Nebraska is taking around 4 months to process such cases. So it would seem that they ...
|
| New H1B using Approval | 5/15/2007 |
Q: I am currently in US in H4. I came here in Sept 2006. I had applied for H1b in April 2006 while I ...
A: Nunna: You can obtain a cap-exempt H-1B with a new employer as you have been counted against the ...
|
| Advanced H1 visa filing date Problem | 5/15/2007 |
Q: My company informed me that they filed for my H1 visa (On Advanced Degree) on 24 April 2007 and had ...
A: Venkat: The online status would show "processing" for one even though the cap was reached they have ...
|
| EAD renewal | 5/14/2007 |
Q: .My EAD is expiring July 4,07 and i haven't filed it yet..Is there anyway i can expdite the ...
A: Anu: The service centers have an requirement that applicants requesting expedite processing fulfill ...
|
| H-1B Transfer from Non-Profit to for-Profit | 5/11/2007 |
Q: I recently graduated with my MBA from US and joined a non-profit in their Project management office. ...
A: Amit: I am unable to understand your question and what you mean by "as this year the 20,000 Master's ...
|
| H1B transfer in India after two month work in US | 5/10/2007 |
Q: I have my H1B valid till Sep 2009. It was stamped in Nov 2006. Now i came to US for a visit of two ...
A: Sandeep: Whether you are in India or in the US if you wish to change employers, your new employer ...
|
| Transfer of expired H1B & H4 with valid I94 | 5/9/2007 |
Q: I am working for Company A and is currently at a client location in USA. I have recently got me and ...
A: Jobseeker: The answers to your questions: 1) I do not understand this question as you state ...
|
| what would happen if i filed for the divorce? | 5/9/2007 |
Q: I being marry almost two years and my wife just enter the United States with a temporary Green Card, ...
A: Wilmer: I am not sure I will be able to help you. You state that your wife just entered and you want ...
|
| Transfer H1B while Green Card Application is Pending | 5/5/2007 |
Q: I am a US Citizen planning to sponsor my husband (who currently has an an H1B visa) for a Green ...
A: Lara: The 180 day rule does not apply to your situation. You need to concurrently file the I-130/485 ...
|
| Reg H1 transfer | 5/3/2007 |
Q: I based in Bangalore, India. I have my H1B sponsored by a consulting company A. I have not yet come ...
A: It is a question that has not be answered by the USCIS. I feel that you are not subject to the cap ...
|
| H1 extention | 5/2/2007 |
Q: I am from India .I got my H1 on 2004 September and the H1 visa stamp is also as of 2004 september. ...
A: Manju: The six years will be calculated from the date of entry.(March 6, 2005). And You can extend ...
|
| Regarding to H1B transfer | 5/2/2007 |
Q: My question is regarding to H1B. I am currently on OPT working in Company A. They sponsored for my ...
A: Alice: You can have company B file the H-1B petition at anytime since you have already have a H-1B ...
|
| L2 EAD | 4/30/2007 |
Q: I am working on EAD on L2 which will be expiring in october 2007. how early should i apply for ...
A: Laxmi: You need to apply at the least 3 months in advance. You cannot continue working if your EAD ...
|
| Marriage Visa | 4/29/2007 |
Q: I am married to an america citizen,we have been married for 1yr and 7month.last year when I went to ...
A: Lovelyn: If you are married to a US citizen, it is more likely that a visitor visa will be issued. ...
|
| Border Entry | 4/26/2007 |
Q: My Wife was banned from entering the U.S. for 3 years due to overstaying, she is a Canadian Citizen ...
A: I would suggest that you obtain a B2 visa at the US consulate disclosing her prior overstay. Provide ...
|
| Application for naturalisation | 4/26/2007 |
Q: I have a question about the naturalisation application. I had an arrest which was dismissed in my ...
A: The attorney was right. I would take documents relating to the arrest and dismissal with me to the ...
|
| L2 to H1 | 4/24/2007 |
Q: I am in USA from Sep 2005 on L2 and have been working on L2 EAD. I have applied for H1 in Aug 2005 ...
A: Our firm has used the prior H-1B approval to claim cap exemption. But you would need to get the H-1B ...
|
| h1b transfer and start date issue | 4/23/2007 |
Q: I am currently working for a college A. College B is wanting to hire me and transfer my H1b. Start ...
A: Since the appointment for lecturers in colleges is normally for 10 month period. I feel that it ...
|
| COnvert f2 to h1 | 4/23/2007 |
Q: I am Indian by nationality. My husband is in US on F1. Now, i also want to join him but not sure of ...
A: You can join him on a F-2 visa. If you wish to convert from F-2 to H-1, you can only apply for it ...
|
| H1 b part time question | 4/21/2007 |
Q: I am planning to go to Canada for a couple of years and I am planning to switch to part time status ...
A: I do not think that you need to revalidate your visa again. An amendment to you H-1 should work in ...
|
| I-751 | 4/19/2007 |
Q: I left my wife (who sponsored me) after we submitted the I-751 but she withdrew her support...now I ...
A: HH: Your problem at this moment is not your wife, but the Immigration Service. You need to contact ...
|
| visiting USA on B2 then getting married there or getting married in China first then visit USA on B2 | 4/18/2007 |
Q: I am a USA citizen. My girl friend is in China currently. She hold a valid B2 visa until this ...
A: The issue may be raised at the time of the adjustment of status interview. That is after you file ...
|
| visiting USA on B2 then getting married there or getting married in China first then visit USA on B2 | 4/18/2007 |
Q: I am a USA citizen. My girl friend is in China currently. She hold a valid B2 visa until this ...
A: Since your girlfriend holds a B2 visa, getting married in China and coming to the US would be not a ...
|
| Unusual and urgent situation | 4/17/2007 |
Q: My boyfriend is a French citzen working on an HB1 Visa at his company. He has been here for 5 years. ...
A: It is not unusual or urgent as you my think. Your boyfriend need not leave the country at this time, ...
|
| OPT grace period | 4/16/2007 |
Q: After I graduate on F1 visa, we have 60 days grace period before we can begin on OPT. My question is ...
A: The 60 day periods you mention are entirely different.To answer your question,you are right, you do ...
|
| OPT question | 4/16/2007 |
Q: My F1 visa is expired 3 months back but my OPT is valid for another 8 months. My question is that ...
A: You would have to obtain a F-1 visa to reenter. You are eligible to receive the visa if you have not ...
|
| Travel Permission | 4/13/2007 |
Q: Hollander, I entered this country legally by K-1 visa in Sept 2006, and then got married in Nov ...
A: I am not sure if this question is addressed to me or Mr. Hollander. However, the short answer to ...
|
| immigration | 4/11/2007 |
Q: well i met my boyfriend in chicago 3 years ago and hes 5 years older than im currently going to be ...
A: You need to give me further details on your boyfriend. What is his nationality? and How did he enter ...
|
| Student Visa | 4/11/2007 |
Q: I am an international student in Canada now. Now I am back in my home country China now. I am just ...
A: You should opt to apply for an F-1 visa at the US consulate in Canada. In my experience I have known ...
|
| Background Check | 4/10/2007 |
Q: I filed my case for change of status in Oct. 2001 on marriage bases. I had my interview shortly ...
A: The back ground check issue has been affecting lot of people. My suggestion is for you to keep ...
|
| parents | 4/9/2007 |
Q: my sister will be a citizen next year, can she fill out 2 seperate I130 forms for my parents so they ...
A: YOur sister can file for your parents only after she becomes a citizen. She can file both the I-130 ...
|
| From Full-time to external consultant in the same company | 4/6/2007 |
Q: I currently have an H1-B visa sponsored by my employer. I would like to know if I can work as an ...
A: You cannot work as an external consultant on your H-1B visa. You can amend it to work part time, but ...
|
| H1B petition pending and travel aborad | 4/5/2007 |
Q: I am on H4 and our I-94 was valid till Apr 3, 2007 and hence we filed for extension of stay on Mar ...
A: Based on the insufficient facts I can answer your questions as follows: If your current H-1B was ...
|
| marrige | 4/4/2007 |
Q: i am Indian marry with Mexican girl for last 6 year his brother want to marry with Indian girl my ...
A: I would suggest that the couple first correspond with each other, and your brother in law to visit ...
|
| visiting USA on B1/B2 then getting married there | 4/4/2007 |
Q: Please help me out in this matter. I am a canadian citizen now but i also have b1/b2 USA visa on my ...
A: I am not sure what you mean when you state "have b1/b2 USA visa on my back home passport". If you ...
|
| Transfer of H-1 | 4/3/2007 |
Q: I am on H-1 working for a company who is going out of business. I have another company who are ...
A: We charge $1200.00 to petition the USCIS for a H-1B visa. The USCIS filing fees in this case would ...
|
| study visa to work visa-reg | 4/3/2007 |
Q: If I take up a study visa (US,Canada, Aus), will I able to work in that particular country after ...
A: I can only answer for the process in the US. After you complete your degree program, you will be ...
|
| I-30 form | 4/2/2007 |
Q: How long does it take for the I-30 petition to be processed and granted a visa number, in each ...
A: The I-130 approval time will depend on the service center that you file the petition with. However ...
|
| H1B Transfer | 3/31/2007 |
Q: I had applied for H1 through company A from India, which got approved in september 2005 (it was ...
A: The answer to your questions: 1) As your I-94 is valid until the end of 2008, there will be no ...
|
| H1B Transfer | 3/30/2007 |
Q: I had applied for H1 through company A from India, which got approved in september 2005 (it was ...
A: If they approve your change of status from L-1B (company B) to H-1B (company X) you can start ...
|
| I-140 | 3/29/2007 |
Q: I have a PERM application 2005, my I-140 has been approved recently, what is the next step for my ...
A: EBM: The EB-3 category is backlogged for all countries and the priority dates are currently at ...
|
| Birth certificate RFE | 3/22/2007 |
Q: background: filed I-130+I-485 together on december 2004 (My wife is a US citizen). Me and my wife ...
A: I agree that the issue should have been brought up at the time of the interview. However, the ...
|
| new proceedings in cuidad juarez | 3/21/2007 |
Q: I'm am married to an illegal person from mexico. We have applied for everything and we are waiting ...
A: Amanda: I do not know the specifics of the immigrant processing procedures at Ciudad Juarez. But it ...
|
| form I-539 | 3/21/2007 |
Q: I want to ask you these question please: 1-In the form I -539 they ask for my address,shall I put my ...
A: The address on the Form I-539 in the section you mention will be your address and not the school's ...
|
| fallow up | 3/20/2007 |
Q: You also said "But there are some equities in your favor" What equities would this be? I'll make ...
A: David: The fact that your family is in the US and you came to the US when you where a child...could ...
|
| reopening a case? | 3/20/2007 |
Q: I was illegally in the US for over 15 years as a child I was 9 years old when I came to the US. I ...
A: David: When did you go back? And give me further details about the order of deportation. To enter ...
|
| Need help about immigration | 3/19/2007 |
Q: I filed for my removal of conditional residency 4 years ago, and my case is still pending due to ...
A: Keep going back to the congressman's office and checking the status with the immigration office. You ...
|
| Need help about immigration | 3/19/2007 |
Q: I filed for my removal of conditional residency 4 years ago, and my case is still pending due to ...
A: That is a long time to be pending for a name check. Are u sure that it is currently pending? Please ...
|
| delay in oath ceremony | 3/16/2007 |
Q: My fiance went for his interview on may15 06 and was told thast his file is approved.We went thru an ...
A: Simi: Take a appointment with the local immigration office and meet them in person. If that does ...
|
| Please help! | 3/15/2007 |
Q: I filed my N-400 last year and I still did not receive the Interview Letter. I went to the local ...
A: The delay in the background check is affecting everyone these days. Earlier immigration would call ...
|
| ignore or divorce? | 3/12/2007 |
Q: I am a us citeizen who married a Mexican in Jan last year. He recived his 2 year green card in Oct. ...
A: The filing of joint taxes with him is certainly up to you. My advice would be to file married but ...
|
| priority dates of E3 category | 3/12/2007 |
Q: why the priority dates of E3 category for usa immigration for india is stagnant from months?will ...
A: The priority dates for EB3 will continue to retrogress since there is a limited supply of visa ...
|
| how can i cancel oversea marriged | 3/8/2007 |
Q: I married a girl in Vietnam two years ago. I just found out that she has been dating someone else, ...
A: Kevin: You can get a divorce here in the US. It would depend on how long you guys have been ...
|
| Naturalization issue | 3/7/2007 |
Q: LAST question, please.... I'm thinking of taking along with me ALL the documents that qualify me to ...
A: Your application will not be denied, they will give you time to provide them with a passport. (If ...
|
| Immigration | 3/7/2007 |
Q: I was wondering if my Fiancee is here in the US on a work visa, can we get married and he can stay ...
A: Amy: 1) "my Fiancee is here in the US on a work visa." If you are a US citizen, you can get ...
|
| reopen a case | 3/6/2007 |
Q: a 80 year old lady from Armania was ordered to be deported in 1999 after her asylum was denied, the ...
A: You cannot petition her directly through I-130. You should explore if there are any waivers ...
|
| Naturalization issue | 3/6/2007 |
Q: I applied for naturalization and already passed the FBI stage. As a matter of fact, I will be ...
A: You need to explain your situation to the officer, and inform him that you have not left the US in ...
|
