| Subject | Date Asked |
|
| L1 - H1 transfer | 8/27/2008 |
Q: I am in US currently working with Company A. Also my H1B petition throgh company B is approved. ...
A: Vinay, You are correct, you cannot work for company B on H1 until the COS is approved or you could ...
|
| 6th Year Visa Transfer | 8/27/2008 |
Q: My 6th year of H1B started this week and I have applied I-140 only 10 days back. But heard that my ...
A: Samika, 1. I am not in a position to figure out why your company received inquires I cannot give ...
|
| H1B Visa filing. | 8/26/2008 |
Q: Sir, i'm a graduate student(on F1 visa Status) majoring in Computer Information Systems(CIS). My ...
A: Aju, You are correct. A letter from your university indicating that you have passed and completed ...
|
| Change of Status | 8/24/2008 |
Q: I am currently on my OPT (after MS) and have received (H1B)I-797B approval without Change of ...
A: 1. Yes, you could do that. You do not need to be on payroll to leave the country and reenter on ...
|
| L1 - H1 transfer | 8/23/2008 |
Q: I am currently in US with company A on L1. However my H1 visa with company B got approved and i am ...
A: Victor, 1. I do not know how long it will take. You can apply for premium processing it will take ...
|
| H1 expired , L1 to h1 transfer | 8/22/2008 |
Q: I was in USA in feb 2006 on H1B visa.then i returned in May 2006. Then my h1b visa expired on 30th ...
A: Shreya, If your old H1b was with a cap exempt employer then you cannot get an H1B at this time ...
|
| h1B cap applicability | 8/21/2008 |
Q: I worked as a teacher in USA on J1 visa for the past 3yrs. I got waiver for the 2yr rule. Now Iam ...
A: Sunita, The H1B cap may apply. There are employers that are subject to the visa cap and others who ...
|
| Re-enter US while pregnant with H4 visa | 8/21/2008 |
Q: Me and my wife are currently in US. I'm currently working with H1-B visa and my wife holds H4 visa. ...
A: Devin, If you are out of status, you will have trouble getting an H4 renewal without regard to ...
|
| EB-1 Extraordinary Ability Green Card | 8/19/2008 |
Q: I am a taekwondo master from South Korea. Last December, I applied for my green card through EB-1 ...
A: Joon, Congratulations on your new business. Your brief recitation of the facts does not enable me ...
|
| B1-B2 Visa | 8/17/2008 |
Q: I am holding a B1-B2 visa with 10yrs validity and multiple entry rentry permit. Can the B1-B2 visa ...
A: Nikhil, If you find a suitable employer to sponsor your work visa then you can change to that ...
|
| Travel with H1B Approval | 8/13/2008 |
Q: I am in OPT now and my OPT expires on 15th October 2008. Also, I got my H1B approval letter that ...
A: Ashith, As long as you have a valid F1 visa and you are employed pursing a job that is related to ...
|
| filing for my husband | 7/22/2008 |
Q: ..pls help...iam getting married...iam a citizen....after we get married..what is the first thing we ...
A: Candy, Congratulations on your pending marriage. The first thing you need to do is file an ...
|
| cspa and immigration reforms | 7/22/2008 |
Q: I have a pending CSPA case in Tampa mid district court. If we prove they errored and cspa applies ...
A: Susan, The District court should make a decision and if they decide in your favor, it will force the ...
|
| Appreciate your quick help... | 7/14/2008 |
Q: My husband has planned to take up a full time study in theology in Tampa,Florida. Hence we need to ...
A: Aarthi, 1. It depends upon the consular processing times at the US consulate. You should contact ...
|
| Information on I-130 process | 7/12/2008 |
Q: I need desperate help! I am a US citizen who has been living in Mexico, here I became engaged with ...
A: Carmen, Since there is such a short time, the only visa that I know of is the B visa. For this visa ...
|
| Reentry to US on H1 | 7/11/2008 |
Q: I have H1 stamped in Jan 2008. I would be entering US in August, but there is a need to travel back ...
A: kalpana, If you have a working visa then you could reenter. It would seem to me that if you are not ...
|
| voluntary deportation | 7/10/2008 |
Q: My friend from the UK overstayed his tourist visa by 12 yrs. He has a DUI 10 yrs ago. He is a great ...
A: Dan, I do not know all the facts to give you all info that is needed. I will state that his ...
|
| h1b to green card | 7/3/2008 |
Q: my employer promised me to do all the labor certification and green card process but everything is ...
A: Jose, Depending upon your qualifications you may be able to file for your own green card. Many of ...
|
| B1; I-94 extension pending; can I reenter? | 7/2/2008 |
Q: I arrived in US on March 28, 2008, got I-94 until April 27, 2008. I applied for an extension of B1 ...
A: Ravi, Yes, you can enter. The fact that you left the country during the pendency of your extension ...
|
| I-539 issues | 7/2/2008 |
Q: i already apply for i-539 before my expired date at June 2008 (my original i-94 has been submit to ...
A: Jimmy, 1. If you leave the country while your extension is pending it would be considered an ...
|
| I-539 issues | 6/30/2008 |
Q: i already apply for i-539 before my expired date at June 2008 (my original i-94 has been submit to ...
A: Jimmy, I do not know the I-539 details that you have applied for so I cannot answer your questions ...
|
| Pending I-360 since Jul 2006 | 6/30/2008 |
Q: My father had an R1 visa for a few years and his church petitioned for his residency (i-360 Petition ...
A: Vanessa, The R1 visa process is the most scrutinized by the USCIS. In most cases there are visits ...
|
| Regarding H4 Visa | 6/29/2008 |
Q: Greetings of the day!!!! Can you tell me what are the documents required for getting the H4 ...
A: Sachin, There is not quota on showing pay slips but if you have a two or three that would be OK. If ...
|
| B2 extension while H1 COS pending | 6/28/2008 |
Q: I came to the U.S. last Mar 5,2008 under b2 visitor visa and was given 6 months stay till Sept4, ...
A: Edward, It is a risk you take if your B2 is not approved. Then your H1B change of status component ...
|
| Change of work site in H1-B and Green card implications | 6/27/2008 |
Q: My name is Daniel and I am currently an assistant professor with an H1-B visa. IN a couple of years ...
A: Daniel, The problem is not as dire as the HR people have told your wife. I would suggest that your ...
|
| Employer Lied on ETA Form 9089 paperwork | 6/26/2008 |
Q: Ashley, I thank you in advance for taking the time to read my question. I am here on an H1-B visa ...
A: Gia, Your employer has the responsibility of properly following all of the steps related to the ...
|
| J1 waiver filing for green card | 6/25/2008 |
Q: I have visited your website and I would like to ask some questions if you dont mind. I am a 3rd year ...
A: Mohammad, You have done nice research on the issue and are right on all counts. In answer to your ...
|
| Termination of H1B visa, and the INS notification | 6/23/2008 |
Q: I will be terminated as of July 1, 2008 at my current employer. My question is how long it takes ...
A: Alp, Upon the date you lose your job, you are no longer on H1B. Thus, if you leave the US after you ...
|
| source of "prevailing wage"? | 6/20/2008 |
Q: I am filing H1b for my employee. Can I use salary.com instead of flcdatacenter.com as a source to ...
A: Kevin, No, I suggest that you use the dept of labor survey. Salary.com survey in my opinion is not ...
|
| out of status Spouse | 6/20/2008 |
Q: If you overstayed your visa and you marry someone who is on H1B and about to file for adjustment of ...
A: Sebastian, It will not affect your husbands gc process but you would be ineligible to file for a gc ...
|
| Travelling while H1B transfer | 6/19/2008 |
Q: I'm in US working for company A.I came to US in Nov 2007.Now I have got offer from Company B and ...
A: Vishal, I recommend that you not travel while your new H1B is pending. If you need to go abroad, ...
|
| H1 to H4 to H1 | 6/19/2008 |
Q: My wife is currently on her 4th year H1B. 1)If she transfers to H4 and gets another job offer say 6 ...
A: Samir, 1. No 2. No 3. Technically, if her H1 employment ends she is out of status. However, if ...
|
| L1 stamped, H1B visa cancelled | 6/18/2008 |
Q: Mark, First wanted to thank you for providing valuable answers and suggestion to thousands of ...
A: Venkat, The rule is you can only be on one status at a time. Thus, if you had a change of status to ...
|
| h4 to h1 | 6/17/2008 |
Q: Good Morning, My wife is goin for H4 stamping following week and today i got to know that her H1 ...
A: Harbux, Usually a person with an approved H1B will be allowed into the country ten days prior to the ...
|
| 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, My firm has been successful in handling such cases. It is difficult to proceed without pay ...
|
| H1 approval notice | 6/14/2008 |
Q: Currently I am on OPT. I am a beneficiary of H1B with a start date of Oct. 1, 2008 with a company. I ...
A: Aditi, The company is required to send you a copy of the approved I-94 and the attorney is required ...
|
| Reg H1b Tranfer from India | 6/12/2008 |
Q: I got H1B rom company A 1 year back,but i haven't travelled to USA as now.But got good offer from ...
A: Viswanath, Since you have already been counted against the H1B cap, you should be able to have ...
|
| 3 misdeamoners | 6/12/2008 |
Q: what are the chances of not being deported with a charge of only 3 misdeamoner?
A: Tani, I do not know what you were charged with and cannot answer the fully. The issue is what the ...
|
| J1 waiver | 6/11/2008 |
Q: I will be on a Fulbright J-1 visa as a graduate student (Master of Science Degree). My Master Degree ...
A: Garey, Once you come on a Fulbright scholarship, obtaining a J1 waiver is very difficult and in my ...
|
| H2B - Problems | 5/28/2008 |
Q: Due to a meeting today we had with immigration, I am concerned. If an employer does not notify ...
A: Allison, No, it does not make it automatically fraud. You need to show them that there is no fraud ...
|
| H-1 visa cancellation by employer ? | 5/25/2008 |
Q: If I transfer my H1 from company A to company B, it is my understanding that I need not get my visa ...
A: Karthik You are correct, you do not need to get your H visa stamped again if you switch from co A ...
|
| H1b transfer questions | 5/25/2008 |
Q: Q1 : Can I transfer my h1b from company A to company B while I am in India ? Q2 : I am currently in ...
A: Varun, I am suggesting that if you remain in the US, you should find another H1 employer and have ...
|
| H1b transfer questions | 5/25/2008 |
Q: Q1 : Can I transfer my h1b from company A to company B while I am in India ? Q2 : I am currently in ...
A: Varun, You may file for a new H1b while you are in India, since you have presumable already been ...
|
| Investor visa | 5/24/2008 |
Q: Ashley, my close friend wants to change his F-1 status to that of E-2 investor. He told me that he ...
A: Uran, I represent people from all across the United States and many abroad. With the internet, ...
|
| I-485 | 5/23/2008 |
Q: I file an aplocation I-485 (adjustment of status through marriage), my wife and I went to the final ...
A: Danny, I cannot make a guess on whether or not your case will be denied if do not produce the ...
|
| My mom have been denied a visa | 5/22/2008 |
Q: Iam a permanent resident who has been married to a US citizen for over 8yrs. I just recently had a ...
A: Roseline, I am sorry that you child is having difficulties. The number one issue for the ...
|
| H1-b, discrepancy in date of expiration | 5/22/2008 |
Q: Greetings, I am a US citizen. I met and married my husband, who is Brazilian, while he was in the ...
A: Sandra, One big issue is whether or not your husband was subject to the two year foreign residency ...
|
| H-1b Visa -return home? | 5/19/2008 |
Q: I am currently on an F-1 visa as a PhD student. My F-1 visa expires in May but my I20 has been ...
A: Simon, I do not know the answer to your question. It depends upon when the H1B is approved and when ...
|
| Return to India during H1 Transfer | 5/18/2008 |
Q: I work for Company A in US on H-1 and I have latest 1 month payslip. Company B wants to transfer the ...
A: Kumar, Your plan looks good as I believe that my law partner has already answered it. You need to ...
|
| 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, I am unclear about your particular facts and do not have enough information about your ...
|
| i-131 biometrics | 5/17/2008 |
Q: My mother filed I-131 1/18/08 online. She left US 1/19/08. We received INS I 797c, receipt notice of ...
A: Marissa, Your mother should not have left without an approval of the advanced parole. This may may ...
|
| H-1b Visa -return home? | 5/17/2008 |
Q: I am currently on an F-1 visa as a PhD student. My F-1 visa expires in May but my I20 has been ...
A: Graham, You do not need to leave the country to work with an H1B. However, if you wish to go to the ...
|
| opt, h1 | 5/15/2008 |
Q: Ahsley, i've done my master's in the US. i am currently on my OPT, till december 2008. the current ...
A: Jigar, Once your H1 is approved you could find a new employer to file an H1 for you. Note, they can ...
|
| H1B transfer before approval | 5/14/2008 |
Q: I currently in OPT status (expires in feb 09 with a possible extension option) My H1B has been ...
A: 1. As stated, since your H application was accepted in the H lottery, once approved you will have ...
|
| F2 application when I have a H1b petition | 5/13/2008 |
Q: . Clarifying my previousI hold a H1b petition currently accepted and being processed. I know that ...
A: Sowmya, You will enter on an F2 visa in August. Your status will not change automatically to H1. ...
|
| H1B transfer | 5/13/2008 |
Q: I have started working for my new employer on the basis of Fedex receipt and I have not yet received ...
A: Rahul, The safe route that I advise my clients is to wait for the actual H1 receipt from the USCIS ...
|
| F1 to GC | 5/9/2008 |
Q: My name is Yumi. I'm currently in U.S. under F1 visa. I just got I marriage to USC, and we are ...
A: Yumi, 1. Since you have already changed your name, you should use the name as it is currently. ...
|
| travel | 5/8/2008 |
Q: I am currently on OPT till 9/30. I have been working for a compnay on my OPT for 6 months now. The ...
A: Aarthi, The fact that you OPT is almost finished is the only difference. I am only speculating and ...
|
| travel | 5/8/2008 |
Q: I am currently on OPT till 9/30. I have been working for a compnay on my OPT for 6 months now. The ...
A: Aarthi, Your HR person's concerns should be listened to. Since you will have almost completed your ...
|
| can I change from B1 visa to L2 visa in usa | 5/8/2008 |
Q: I came from india recently on B1 visa.My wife came on L1 visa recently.I want to change to L2 visa ...
A: Naveen, The whole issue with your question is intent. If the USCIS believes that you came to the US ...
|
| reg visa refusal max times | 5/7/2008 |
Q: I have h1 visa rejected once. I am planning to apply for F2, but i have heard that if u r rejected ...
A: I do not know why your visa was refused and cannot comment upon the refusal. The rule you are ...
|
| help | 5/2/2008 |
Q: I came to US last year to attend a conference and during this period i met with my fiancee. I am ...
A: Franklin, If you get married to a US citizen it would be difficult for you to come back to the US ...
|
| H4 to F1 issue | 4/29/2008 |
Q: I have applied for COS from H4 to F1. I am going to Puerto Rico now. Do I have to get F1 stamping in ...
A: John, The general rule is that once you change your status from H4 to F1 you must get your F stamped ...
|
| H1B and Cap-gap relief | 4/29/2008 |
Q: Am I eligible for the latest new interim final rule that USCIS announced in early Apr 2008 about the ...
A: Mi, It is my understanding that since you have been selected for the H lottery, you should be ...
|
| Green card working aboard for US company | 4/28/2008 |
Q: I am holding a permanent green card. I am working in a American company located in Los Angeles, they ...
A: Tim, You can go to China and work for your company but you must take care to maintain residency in ...
|
| H1B extension | 4/26/2008 |
Q: I am currently on my sixth year of my H1B expiring on July 2008. My current employer applied for ...
A: Johan, 1. You can file for an extension for the H1B beyond the six year limit. 2. The fees are the ...
|
| Tortured by H1B question - renew or transfer | 4/26/2008 |
Q: I beg of you to help answer an H1B question that has been torturing my head: I am a Filipino ...
A: Toots, You can change your employer as long as your employment is in a similar occupation as your ...
|
| H1B-part time-own bussines | 4/24/2008 |
Q: The facts are: I'm under H1B with a stable job, but I need more money, can I look for a part time? ...
A: Ignacio, You may get a part time job but you would still need to file for an H1B with the part time ...
|
| the H1 and cap Gap | 4/22/2008 |
Q: I had a cap gap from June 1st to Sep 30 while applying for the H1B.To fill the cap gap I joined the ...
A: Raj, You can stop going to school once you know your H1B has been accepted/approved. To be ...
|
| B2 to H4 | 4/21/2008 |
Q: i would like to ask regarding change of status from b2 to h4 visa. my fiancee has been there in the ...
A: Karl, A B visa is not to be used to enter the US to get married. If you do this option, a question ...
|
| status while applying for GC | 4/20/2008 |
Q: I am currently applying for Green Card through marriage with a US citizen. My application was ...
A: Miki, Relax. As long as you have an I-485 pending you are still in a period of lawful stay and will ...
|
| Laid Off | 4/20/2008 |
Q: I was on an E2 visa but my company eliminated my position due to economic circumtances. I applied ...
A: Gaby, I advise you to leave the country and come back when you have a new position or have obtained ...
|
| Green Card portability status | 4/19/2008 |
Q: I am a UK citizen with a permanent residency application pending (filed at the beginning of March) ...
A: Richard, My advice is: This is OK provided the job you switch to is similar to the job listed on the ...
|
| Visit Visa | 4/18/2008 |
Q: Is it possible to sponsor a very close friend on visit to US... Just for visit.... And what are the ...
A: Saima, Yes, you could sponsor someone who was going to visit the US. The possibilities are great ...
|
| will an arrest affect my chances for a B1? | 4/17/2008 |
Q: My B1 has just expired and I would like to apply for a renewal. The only problem is that during one ...
A: Haya, I do not know enough about your case to give you all the information you need. Generally, the ...
|
| H1-B to marry US citizen | 4/17/2008 |
Q: My fiance and I are about to marry in a few weeks. At the same time, my Company is in the beginning ...
A: Ezra, I understand your puzzlement but that is the way it is. Of course if you file new ...
|
| H1b and green card pending | 4/16/2008 |
Q: I am in a situation here. Now I am on H1b and also I have filed I-140 in april 2007 and I-485 in ...
A: Qiang, You have several options. If you find a new employer even if your six year H1 time is ...
|
| H1-B to marry US citizen | 4/15/2008 |
Q: My fiance and I are about to marry in a few weeks. At the same time, my Company is in the beginning ...
A: Ezra, It is your choice. You may either file for a green card through employment or through ...
|
| H1B worker laid off | 4/12/2008 |
Q: Mark, I hope you'd be able to help me out here. Iam H1B worker and was laid off yesterday (04/11)by ...
A: Since you have been counted against the quota, you are exempt from it. Legally you are out of ...
|
| H1 processing...want to apply for F2 | 4/12/2008 |
Q: I have a H1 petetion approved, which is under processing(got 221g, henceforth its under ...
A: 1. Application for an F visa will not harm your H1 application but you will not be allowed to have ...
|
| OPT/H1/F1. Please help. | 4/11/2008 |
Q: I am on OPT which expires in Jan 2009. My company has applied H1B for me in advanced degree quota on ...
A: Harpreet, If your F1 gets approved on 4/20/2008 you will be on F1 and it will not affect your H1B ...
|
| Is it ok to file 2 H-1's in two diff years? | 4/10/2008 |
Q: I'm currently on my OPT. I recently applied H-1 through an employer (consulting firm) on Apr 1st. ...
A: Flying, You should not have any problem applying for a new H1 in 2009 regardless of how your ...
|
| I-485 DELAY AFTER 1-140 APPROVAL!! | 4/9/2008 |
Q: I receive the i-140 approval in Jan,9th, 2008. The i-485 was filed in Oct, 10th, 2006 with all the ...
A: Jose, It is difficult to predict how the USCIS works. The general rule is that you should receive ...
|
| loss of L1-A | 4/8/2008 |
Q: i am both french and canadian and have been living and working in the states for 3 years now, the ...
A: Alexa, Unfortunately, I do not have any options that could help you at this point. Since you are no ...
|
| 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: Sairam, In my opinion, you cannot work on an EAD card and also work on an H1b. You can have two H1B ...
|
| conversion of K1 to l1 | 4/5/2008 |
Q: Iam an Indian citizen and have an approved K1 visa valid uptill aug. While the k was being processes ...
A: Nidhi, I am sorry for the late response but I had to check a reference before I could adequately ...
|
| H1B question | 4/5/2008 |
Q: I resigned from my job as a scientist in a university on March 31st, 2008 and was told that my H1B ...
A: Anvita, There is no grace period for H1 visas. You should leave the country and re-enter on F2. You ...
|
| H1B no of years | 4/5/2008 |
Q: I am a citizen of India and have a PhD from a US university and have a job offer for teaching from a ...
A: Rajesh, I am sorry but you only get a total of six years whether it is for a non profit or cap ...
|
| Immigration | 3/28/2008 |
Q: I am working for company A on H-1 from OCT 2007 and now I transfer my H-1 to company B on Dec 21 ...
A: Vijaya, If you are still working for Company A you can show your pay receipts to show that you have ...
|
| J-1 to O-1 visa and 2 year residency rule | 2/28/2008 |
Q: I am a UK citizen currently employed as a Fellow in the Arts on a renewed J-1 visa valid until ...
A: Steve, I have done this many times for my clients. To circumvent the 212e requirement, an O or E ...
|
| L1 to F1 | 2/26/2008 |
Q: I have a valid L1 visa and have already visited US a couple of times last year. Currently I am in ...
A: Kunal, If in the US you have to apply for a change of status from L1 to F1. If in India you have to ...
|
| H4-h1 & stamping. | 2/25/2008 |
Q: I came to USA on June -2006& applied for H1B visa in Apr - 2007. My visa got approved & I got ...
A: Sabitha, You could get your visa stamped at any US consulate provided the consulate agrees to take ...
|
| Visa L1-H1 transfer | 2/24/2008 |
Q: I am on L1B reached US on Oct 07 on an intra company transfer. Can I transfer my L1B(visa & I94 ...
A: 1. Yes. 2. Your bond does not have anything to do with the USCIS and has nothing to do with the ...
|
| 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, To switch from H1 to F1 usually takes a few months. You should not have to leave the country ...
|
| Immigration | 2/22/2008 |
Q: First of all how is your vacation. I heard that changing H-1 to F-1 is risky coz while changing to ...
A: Rojan, My vacation was quite good. Thank you for asking. In your case switching to F1 from H1 ...
|
| nanny immigartion | 2/21/2008 |
Q: My husband and I live here for the last 5 years. We came from Brazil as L visa and we have greencard ...
A: Lu, You can try to get an extension on the B1 visa or you could go through the PERM process. This ...
|
| 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 visa. ...
A: Jeni, You could probably come to the US on an H4 now but you would probably be processed based upon ...
|
| Wedding with Change of Status Pending | 2/14/2008 |
Q: I have been working in the US for the last 5 years on H-1. I want to pursue my MBA. Hence I have ...
A: Sid, If you get married to a US citizen and file all of the adjustment of status documents, you ...
|
| Immigration | 2/14/2008 |
Q: I had the H-1 with company y and I transfer to another company Z and now the company z is threating ...
A: Vijaya, It it my opinion you can just return to the original company y. Assuming you company y will ...
|
| Status of F2 while F1 to H1 conversion | 2/13/2008 |
Q: I am in US on F1 visa. Recently my spouse and kid got F2 visa and they are in India. They are ...
A: Rambabu, As long as you are on F1 status, your family can come to the US on a valid F2 visa. Merely ...
|
| H1B | 2/12/2008 |
Q: Sir, One of the company is filing my H1B in April2008. I am single now but will be marrying in July ...
A: Sunil, Congratulations on you impending marraige. Once your get married you then your wife can file ...
|
| L2 to Green Card. | 2/12/2008 |
Q: My wife is on L2 visa and has US working rights through EAD 1)Can her 'to-be' employer sponsor GC? ...
A: Anurag, 1. Yes. 2. No. 3. If the GC is sponsored by the employer then it would be based upon his ...
|
| doubts on L1 and H1 visas | 2/11/2008 |
Q: I am currently working for company A in india. I got the approval for H1B for company B and even i ...
A: Madhu, It should not create a problem. Understand that you cannot enjoy both status as an H1 and L1 ...
|
| Time taken for AAO to respond to appeal | 2/7/2008 |
Q: My L1 B visa application (premium processing) was denied from USCIS California center. We are filing ...
A: The AAO generally goes at a pace that they want. For a general idea you may go to: ...
|
| from H1B to a Green Card | 2/5/2008 |
Q: Is there a way to apply for a Green Card directly from H1B or H1B has to be transfered to something ...
A: Nataly, You can be on H1 status and also have a pending adjustment of status application. Prior to ...
|
| F1-H1B Issues | 2/5/2008 |
Q: I am currently on OPT and work for a university. They want to get H1-B for me. The position is not a ...
A: Tamer, Some universities have their own way of doing things. Of course it is preferable for you to ...
|
| Change of status | 2/3/2008 |
Q: After I became a naturalized US citizen, I applied for my son & daughter I-130 and this was ...
A: Sofia, You do not need to notify the USCIS about the changes. The applications will automatically ...
|
| H1 application | 2/3/2008 |
Q: I have a L1 stamped on 30 Oct 2007.I am currently in India. Now i am applying for H1 through a US ...
A: Vinay, Your L employer will not know what you have filed. There is no cancellation of the L by ...
|
| Laid off question | 2/3/2008 |
Q: I've been recently laid off. My I140 has been approved and I485 has been pending over half a year. ...
A: Tony, You need to find a job ASAP. There is no time frame specified in the regulations. The USCIS ...
|
| Canadian student and US citizen student...marriage? | 2/2/2008 |
Q: I have a complicated case for you. I am a US citizen finishing studying medicine in Poland this May. ...
A: Ola, If you future husband is going to be in the US on an F visa and he is going to continue his ...
|
| Letter of completion and I-129 | 2/1/2008 |
Q: Ashley, I am a masters student graduating in May 2008. However, I would be finishing my degree ...
A: PG, Mention the date degree is awarded. Your employer/lawyer should know the rules. It is no big ...
|
| f1 student married a US citizen | 1/30/2008 |
Q: i got married to a US citizen last year.. I'm a student holding F1 visa. is it true that we need to ...
A: Marie, The documents needed for the immigration petition (I-130) are as follows: 1. Copy of the ...
|
| Marrige | 1/30/2008 |
Q: my boyfriend and i want to get married he is a citizen born in the united states, but i am an ...
A: Saharon, You can get married to your boyfriend and not be subject to deportation provided that you ...
|
| name check for long time | 1/30/2008 |
Q: i got married in 2006 i file my applictions on may 06 i did my interview on nov 06 the officer told ...
A: Moe, This delay has happened to numerous people across the country. The options are that you can ...
|
| Spouse's visa | 1/30/2008 |
Q: Hey there, I am on H1b. And my spouse went to apply for a H4 visa last week. However, he was issued ...
A: Lana, I have never heard this before. There could be an issue if he comes on B1/B2 and then changes ...
|
| Visa for under-18? | 1/29/2008 |
Q: Mark Ashley. I live in Argentina and I've got a 14yr old daughter who wants to be a singer and an ...
A: Elizabeth, Non U.S. citizens working or living in the US are required to have visas. In your case, ...
|
| Processing time for H4 | 1/28/2008 |
Q: I applied for my Wife H4 on Jan 15th 2008. I would like to know how much time it takes to get the ...
A: Chandra, It usually takes about six months to gain approval. The processing date you saw is ...
|
| Not sure whether can travel or not | 1/27/2008 |
Q: I got married to a US citizen in June outside of the US, and then I got admitted to a graduate ...
A: Maria, If you F1 visa is valid and you are still a student you should be able to go home for ...
|
| Leave period for h1 visa holders | 1/26/2008 |
Q: 1) My employer has agreed to grant me leave for 30 days without pay. I will be travelling to home ...
A: Priya, 1. Yes, there is no time period as long as the H job is still open to you upon your return. ...
|
| L1 to H1B | 1/26/2008 |
Q: I am working in US with a employer A in L1B status, which is valid till March 2010. I am planning to ...
A: Ashok, The H1B can be applied either as consular processing or as a change of status. If consular ...
|
| Scholar H1B, green card, and marriage | 1/25/2008 |
Q: My status is this. I finished my Ph.D and currently and looking for a job under OPT status. I have a ...
A: JV, 1. She needs to maintain lawful status in the US at all times. There are some exceptions but i ...
|
| H1b - travel with no relieving letter from present employer | 1/23/2008 |
Q: Mark, I have two questions on travel on H1b visa. Company A based in US has sponsored a H1b visa ...
A: Kumar, It is not a problem for you to work for an H1B employer in the US. H1B's are temporary ...
|
| J-1 waiver to H-1B to green card | 1/22/2008 |
Q: I was granted a J-1 waiver in 2006 (has 3 year requirement of employment with my current job ...
A: Betty, You may begin the process now. In fact you could have filed everything as early as you ...
|
| H1 to F1 | 1/22/2008 |
Q: I am currently on a H-1 visa working for my employer and maintaining status. I have been admitted ...
A: Sid, 1. Six months 2. I would advise quitting only after receiving the approval notice. 3. No. ...
|
| H1 transfer with Employer's Indian paystub | 1/21/2008 |
Q: Ashley, I would be thankful if you can clear my doubts regarding H1 transfer. I am presently ...
A: Simi, Company B is requiring you to break US immigration laws. You can only enter the US on H1B by ...
|
| F1 to H1B 2008 or 2009 ? | 1/21/2008 |
Q: I am currently on CPT and will be Graduating in May-2008. My CPT expires on May 17 2008 and will be ...
A: Preetam, 1. You could as long as you have completed all the requirments towards your degree and you ...
|
| F2 to H1 | 1/20/2008 |
Q: My spouse is on F2 and she came to US recently. She wants to apply for H1. She did Bachelors in ...
A: She should be eligible H1 because of her three years education and three years experience. This ...
|
| f1 visa to greencard help fast | 1/19/2008 |
Q: My husband came as an F-1 visa. I am a US citizen and we got married 9/2007/ We just sent his ...
A: Sanaa, I assume that you have filed all appropriate paperwork to adjust your husband's status. If ...
|
| EAD | 1/18/2008 |
Q: I have recieved my EAD and i want to start working on it.. the new company wants to hire me on ...
A: Sam, If you work on an EAD card you will not be on H1 anymore. Therefore your wife could not be on ...
|
| F 1 student visa | 1/18/2008 |
Q: What documents do I need to provide that I will return to my country after my studies in U.S.A? ...
A: Rani, A sponsor letter stating that you have enough funds to live and go to school in the US is ...
|
| E2 to H1B change of status & travel | 1/17/2008 |
Q: I am a UK citizen working on an E2 visa for a UK-HQ'd company. I have a job offer with another ...
A: Richard, You should not travel outside the country while the change of status (E2 to H1) is pending. ...
|
| H1-B Cap Questions | 1/16/2008 |
Q: I have a couple of questions: 1. I am applying for H1-B through my brother's company. With the cap ...
A: Francois, 1. To apply for H1b you are only eligible to apply for approval six months in advance of ...
|
| F 1 student visa | 1/15/2008 |
Q: I m 22 yrs old and would like to apply for a F1 visa i already have a sponsor. My Q is; i m not ...
A: Rani, Once you are accepted for admission at an appropriate school it should not be difficult to get ...
|
| All kinds of | 1/14/2008 |
Q: I am a British citizen living in Japan on a dependancy visa. I have been married for the past three ...
A: Rachel, A divorce should not affect your options for eventually entering the US or receiving ...
|
| EAD card/H1Application | 1/13/2008 |
Q: I have an Indian passport and am going to graduate with PhD soon. I have applied for OPT with a ...
A: Vineet, You can file the H1 without having an EAD. I have helped many Ph.D. students file and EB1 ...
|
| H1-spousal | 1/12/2008 |
Q: I am in a kinda confused situation, I am on H1 working in USA, I am getting married to my fiancé ...
A: Villiam, You must be married first before you can apply for an H4 for a spouse. It should not be a ...
|
| immigration | 1/11/2008 |
Q: Im a us citizen and got married with my husband in the year of 03. when he came from mexico the year ...
A: Jessica, If you husband entered the US illegally then under the current immigration laws there is no ...
|
| RE: Green Card Issue | 1/11/2008 |
Q: I had my green card since 1999, and i could apply for a citizen anytime (but I didn’t). I just ...
A: Nick, You can apply for a reentry permit which will allow you to be out of the US for two years ...
|
| OPT->H1-B | 1/10/2008 |
Q: I am an F1 student and my OPT started on 01/07/2008 and is valid until 01/06/2009. I was supposed to ...
A: Kavita, 1. If you have completed all of the course work and passed everything and are only waiting ...
|
| As a H1B with I485 pending, can I apply for F-1 visa | 1/8/2008 |
Q: I am on H1B status now and during I485 pending. Can I convert to F1 visa from H1B for school? What ...
A: Sherry, In your current situation, you should be able to go to school without the need to get an F1 ...
|
| L1 to H1 change of status | 1/7/2008 |
Q: I entered US on L1B visa from company A on May 2005, and Company B had applied for my H1B 2006 quota ...
A: Kondala, You have to file a change of status if you do not wish to obtain an H visa. 1. In my ...
|
| US citzen marrying chinese girl and getting her visa | 1/7/2008 |
Q: I want to know is it better to marry the girl in china or US. i live in china now but will move back ...
A: Herb, As far as China is concerned obtaining a finance visa or a visa for a married spouse is longer ...
|
| visa extension | 1/7/2008 |
Q: I have a 10 years visa both tourist and business but I am allowed to stay till April 2008. I am ...
A: Miki, Assuming you entered the US legally, you do not need to leave the US and then reenter the US ...
|
| ex-H1B visa holder | 1/6/2008 |
Q: I had an H1B visa by my previous company in 2004, which has expired and I havent travelled to USA ...
A: Rohan, The USCIS has issued no definite opinion on this matter. In my opinion, I believe that you ...
|
| J1 to H1 | 1/6/2008 |
Q: First of all thanks for your time. To begin with currently I am on a J1 Visa which is valid until ...
A: Puneet, There is no expedited process to do this based upon the facts stated, but if you receive the ...
|
| I need help | 1/6/2008 |
Q: I am a US citizen and my fiancee is a UK citizen and is also a student in the UK. We are both ...
A: Amanda, There are three options: 1. he can come to the US on an F visa (Student Visa) or 2. he can ...
|
| This question is out of your realm, but it would be nice if you can help me out. | 1/5/2008 |
Q: I was born a United States citizen, and I would like for a cousin of mine, who lives in the ...
A: Joseph, One way your cousin could visit would be for him to apply for a B visa. This visa is given ...
|
| H1 processing | 1/2/2008 |
Q: I have been working with Company A since April 2004. I came to US in Dec 2005 on L1 B for Company A. ...
A: 1. the decision to file a change of status or visa processed would depend on your personal travel ...
|
| change of status | 1/2/2008 |
Q: my name is cheikhou. my brother is an American citizen who filed the I 30 form for me. i still was ...
A: cheikhou, I am not sure that your F-1 status is valid. There could be an issue whether you ...
|
| I-94 -last name missing-Query from USCIS- URGENT help please | 1/1/2008 |
Q: my h1b visa expires on 31 december 2007, i have applied for extension and the petition is pending ...
A: Brook, If you received a RFE from the Service, you should respond with your immigration ...
|
| immigration help | 1/1/2008 |
Q: How can I convert H2B visa to F1. i still have 4 months on H2B. Can i get the F1 stamp in US without ...
A: Kabir, You can convert to F-1. The process is usually done through the university once you have ...
|
| F1-Student and US citizenship through marriage | 1/1/2008 |
Q: I am a student with F-1 status and my visa is expired. I am currently a student and have my I-20 ...
A: Roby, Get married and then file for the adjustment of status. At the same time you file the ...
|
| Family based petition 1st preference but marital status changed | 1/1/2008 |
Q: My brother has a priority date on December 1992 for family 1st preference. My parents received ...
A: Pil, Your petition should automatically convert to the 3rd preference and retain the old priority ...
|
| My brother's I-130 and visit Visa to USA | 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, One requirement to get a B (visitor) visa is that you show the U.S. Consulate that you do ...
|
| N400 filing delihma | 11/7/2007 |
Q: I had 2 questions regarding naturalisation process 1. I had an arrest 2.5 years ago which resulted ...
A: Eddie, You are required to show good moral character for five years prior to the date of your N400 ...
|
| H1B stamping - passport return question | 11/5/2007 |
Q: I have completed my MS in MIS from SUNY-Buffalo and have been working with a consulting company in ...
A: Angel, Usual procedure is to return the passport with the visa stamp the same day it is granted. I ...
|
| H1B transfer within INDIA | 11/5/2007 |
Q: My current empolyer in INDIA has filed my H1B, which has not been used so far. But I would like to ...
A: Joe, Two issues to your question. 1. There is no transfer of H1b. 2. Your new company should ...
|
| F1 student and arrest | 11/4/2007 |
Q: I am an F1 student married to a Citizen for 5mths now. My husband is abt to send off the I485 form, ...
A: Debbie, Usually, just getting arrested would not pose a problem in the adjustment of status issue. ...
|
| H1B to green card | 11/3/2007 |
Q: I am a H1B holder working at a university. To apply for a green card what steps should be taken? ...
A: Bari, I have not enough facts to give you an answer. There are two ways to get a green card through ...
|
| QUESTIONS | 11/1/2007 |
Q: My question is simple; I am US Citizen and after 10 days abroad the immigration officer on airport ...
A: Nick, US citizens usually do not face much scrutiny reentering the US. If they do ask you ...
|
| Change of Status from OPT to B2 | 10/28/2007 |
Q: I am on a British passport and my OPT expired on Oct 1st 2007, I have 60 days to leave the country. ...
A: Shilpa, It may be possible for you to file a b2 but they may or may not approve and more likely they ...
|
| H-1 rejected mail from USCIS | 10/27/2007 |
Q: I applied for H-1 through a company in 2005 dec. My case was approved by uscis. But my visa got ...
A: Unfortunately this is the normal process. The consulate will send to the USCIS to review the case ...
|
| pending aos; expiring h1b/I-94 | 10/25/2007 |
Q: Good day! I have a pending AOS (check not yet encashed) and my h1b visa and 1-94 will be both ...
A: Michelle, If you have properly filed an adjustment of status application you would not be required ...
|
| Petition I-797 Transfer before stamping | 10/24/2007 |
Q: I filed my H1B-visa through one of the US-consulting company, my petition got selected in 2007 ...
A: shekhar, If you can find a new H1b employer, you should be able to work for him without any problem ...
|
| EAD | 10/23/2007 |
Q: I getting married to a U.S. citizen. I want to know, will i be able to work as soon as i submit my ...
A: Rose, Once married, you may submit both an adjustment of status and an application for an Employment ...
|
| OPT to H | 10/23/2007 |
Q: I have an OPT visa. I have my masters in teaching and music. I have not been able to find a more ...
A: Miguel, There are no visas available to open up music schools in your circumstance nor are there any ...
|
| DUI and Good Moral Character in N-400 | 10/23/2007 |
Q: I got a DUI at 98. I was arrested that night and my license was suspended. After the court order, I ...
A: Ibosan, You have to answer yes to the question. I would suggest that you provide the court ...
|
| join new on h1 transfer | 10/22/2007 |
Q: Currently I am working in company A on H1b and got offer from company B. Comp B filed for h1 ...
A: Nile, You can begin working for company B once you receive the receipt notice for your new H1b. ...
|
| marrying someone who's is here(US) with Student Visa. (i'm a Permanent REsident in the U.S. | 10/21/2007 |
Q: I am an immigrant in the U.S.(green card holder). i am planning to marry my girlfriend who's ...
A: andre, She would still be in F1 status once you get married. Your marraige would give her no ...
|
| F-1 Expiry and H1-B status | 10/21/2007 |
Q: could you tell me what my options are after my OPT expires. I am currently on an F-1 visa and my OPT ...
A: Namita, You can reapply for an F and enroll in school to fill the gap between OPT expiration and H ...
|
| L2 VISA query | 10/18/2007 |
Q: I will be applying for an L1 visa for me and an L2 visa for my husband-to-be. My company will ...
A: Swati, The employer can only apply for an L1 visa for you. The L2 visa is issued only at the ...
|
| 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, While your fiance is in the US on business he could get married. Since his intention is not ...
|
| H1-B amend and transfer | 10/17/2007 |
Q: My company sponsor me when I was using an J-1 Visa. When I applied for the H1 I was working on ...
A: Carlos, Your present company should have amended the application to note the new location. However, ...
|
| Immigration & Arrest | 10/16/2007 |
Q: I have my I-485 interview next month. I was arrested 3 years back. I fought the case & won the case. ...
A: Rama, Without knowing the specifics of the case I would say that if you have disclosed all of the ...
|
| i751 question | 10/15/2007 |
Q: i was married to a u.s citizen, i did recieve my conditional gc for 2 yrs. but our marriage ended in ...
A: Paul, It looks like you have your information in order. I cannot tell you what will be decided by ...
|
| H1 Transfer | 10/14/2007 |
Q: Recently I got my H1 Transfer from company A to Company B. Here I have 2 questions: 1. What are ...
A: Srinivasa, I do not have enough information to answer the question adequately. Generally, if ...
|
| OPT to advanced degree holder H1B transfer and | 10/14/2007 |
Q: Ashley, I would highly appreciate your valuable opinion on my following case: I am expecting to ...
A: Prateek, In answer to your questions: Since you have a master's degree from India and have ...
|
| Natualization processing | 10/11/2007 |
Q: I am eligible to file for citizenship after my fifth year in the U.S, I clocked five years in August ...
A: Faith, There is not a whole lot you can do to speed up the process other than fill out the forms ...
|
| Convert F2 to H1B | 10/11/2007 |
Q: I am on F1 visa and my wife is on F2 visa. Now a company is going to offer my wife a work so she has ...
A: Julian, 1. Yes she can convert to H1B provided there are visas available. At present time Oct 2008 ...
|
| h4 to h1 visa | 10/10/2007 |
Q: my questions. 1.I am on H4 visa can i apply for H1 visa as my husband is on H1 visa 2.Is it possible ...
A: Suvidha, 1. You can apply for H1 status. No h 1 visas are available until October 2008 unless you ...
|
| L1 to H1 and L2-H4-F1 | 10/9/2007 |
Q: I am currently on L1 Visa and got my H1 approved on Oct 4th 2007. 1) I am planning to look for Jobs ...
A: Chandra, 1. You are wrong. You are not on L1 you are now on H status. To maintain this status you ...
|
| H!B and COS approved | 10/8/2007 |
Q: My H1B and COS is approved and is valid from Oct 1, 07. My OPT was expiring on Jun 07. Before it ...
A: SS, 1. The grace period is 60 days and not 15 days. 2. You can continue to stay in the US on H ...
|
| American Citizen | 10/7/2007 |
Q: I am an American Citizen and have been working in Ukraine. I fell in love with a Ukrainian Citizen ...
A: Cathy, Your kids could be US citizens even if born in the Ukraine. You can bring your husband to ...
|
| H1 Transfer | 10/7/2007 |
Q: Our Case is: - My wife entered US on L2 visa, which is valid till 2009. - She got her EAD & she ...
A: Kamesh, She should be able to an H1 with company C. In most of the cases that we have done this has ...
|
| H1 Exctention Denied - Out of Status | 10/6/2007 |
Q: I was working for Company A from whom I had I-197 which was valid till feburary 2009. I went to ...
A: Malik, 1. Your H has been denied. You are at this point out of status. You cannot go back to Co A ...
|
| obtain a green card | 10/5/2007 |
Q: i'm european citizenship. And my sister is just married with a us citizenship and she has a green ...
A: Mario, Sorry but investment in a home is not the type of business investment that will help you. It ...
|
| H1B-two year rule | 10/4/2007 |
Q: I am currently working for one nonprofit organisation on J1. I asked for sponsoring my H1B visa. I ...
A: Filip, Your company is right, they are talking about the 212(e)requirement for a two year residency ...
|
| 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 work for new co without the receipt. I would suggest however that the safest policy ...
|
| H1B Visa approved but didnt got stamped | 10/2/2007 |
Q: I applied for H1B Visa through my company. It got approved and I took an interview yesterday at the ...
A: Khushi, I do not know what verifications they are seeking. They could be checking on the employer's ...
|
| H1 Transfer Without Paystubs | 10/2/2007 |
Q: I have some questions about H1 transfer without paystubs. FACTS: My OPT expired in August 2007. ...
A: 1. No if sixty days did not expire. 2. No, even though you are not paid you are still an employee ...
|
| H1 Transfer | 10/2/2007 |
Q: I was working for some company A, after a while company A didn’t had any good projects in USA so ...
A: Vicky, 1. Your H1 should be valid upon the filing of the transfer. 2. No processing times for such ...
|
| question regarding L1 to H1 transfer | 9/27/2007 |
Q: My husband is currently on L1 with company A. He applied for H1 with company B in March 2007 and got ...
A: 1. His status will change to H1 from the effective date of the H1. 2. No. 3. You must apply for ...
|
| Need clarification on L1 to H1 transfer | 9/25/2007 |
Q: I need your help in clarifying a situation about my brother's visa status in USA. I would really ...
A: Since the effective date of the H1 is Nov 1, 2007, he will be in H status. According to the latest ...
|
| Reg H1B Stamping in India | 9/23/2007 |
Q: I got married in India and came to US on H4 Visa.Then I applied for H1 and started working from this ...
A: Rekha, It could cause problems for you but it would depend upon the consulate officer. I always ...
|
| H1B to L1 Transfer | 9/21/2007 |
Q: I had the following doubts and hope you can help me out. My spouse is here on H1B visa and and I ...
A: Annie, 1. Yes he can do this provided his job meets the L1 criteria. 2. It can be premium processed ...
|
| L1 validity after status change to H1B | 9/20/2007 |
Q: I have L1B with Company B and it's valid till Aug2008. I also applied for status chnage to H1B with ...
A: Rama, It is not OK. Your status will change on October 07, once your H takes effect. You should ...
|
| question | 9/19/2007 |
Q: I'm living in HOUSTON, TX. I met my girl friend 11 months ago, and we planning to get married. My ...
A: Nicolas, Congratulations on your upcoming wedding. I do not foresee any problems with you getting ...
|
| Reg H1 Trasfer | 9/16/2007 |
Q: I do hold H1 for ABC since this company is not calling me to US . I have decided it to trasfer to ...
A: Kalpak, Sorry for the delay in answering your question, I have been out of the office. The USCIS ...
|
| N-400 application denied due to "lack of moral character", | 9/15/2007 |
Q: Mark. After having my naturalization application denied due to "lack of moral character", I'll use ...
A: Yura, Sorry for the delay in answering your question, I have been out of the office. In my opinion, ...
|
| EAD denial and I 485 rfe | 9/15/2007 |
Q: My husband applied for EAD renewal while our I485 is in process. He got a denial notice for his EAD ...
A: Durga, Sorry for the delay in answering your question, I have been out of the office. Based upon ...
|
| PD and finger printing | 9/15/2007 |
Q: Mark, I filed my 485/140 765 AP in mid august.No info yet on receipt notices and cheque ...
A: Simon, Sorry for the delay in answering your question, I have been out of the office. The ...
|
| H1-B stamping issue when currently on H4 | 9/14/2007 |
Q: I got my h4 in march 07 and applied for h1-b from india in April 07. I then came to US using my H4 ...
A: Based upon the new information that you have provided, I must say that usually third country ...
|
| H1B transfer: When can I start the new position? | 9/13/2007 |
Q: I will change my job soon and the new employer has submitted the H1B petition last week, but we have ...
A: John, You can begin working for the new company even without a receipt as long as you know for sure ...
|
| H1-B stamping issue when currently on H4 | 9/13/2007 |
Q: I got my h4 in march 07 and applied for h1-b from india in April 07. I then came to US using my H4 ...
A: Rathipriya, You could go to Mexico or Canada to get your H visa stamped. Now that you are here in ...
|
| Need to change my Son's File on Citizen Base | 9/12/2007 |
Q: I put my son's file on Greencard based in April 2002, and now i got Citizen so i want to change my ...
A: NRana, I would suggest that you call the USCIS customer service number and ask them the appropriate ...
|
| Immigration | 9/11/2007 |
Q: I am a canadian citizen married to my husband whom is a norwegian citizen (non US citizen). He will ...
A: Natalia, There are numerous ways for you to join him in the US and it would not be practical in this ...
|
| 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: Gabriel, Once you file the I485 and an I765 it will take about three months for him to receive his ...
|
| 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, Once married you need to file for an adjustment of status for your husband to obtain his ...
|
| H1 transfer before original employment start | 9/9/2007 |
Q: It looks like the question I am asking is quite common these days, but feedback I receive browsing ...
A: Andrei, 1. You can try. The regulations are not clear on this. The USCIS may not agree to this ...
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| Inviting Parents on Visitor Visa | 9/6/2007 |
Q: Greetings !!! I am currently on H1B visa and my visa is expiring on Feb-2008. I have however ...
A: Kishore, You should check the US consulate website for your country for information on all of the ...
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| H-4 Visa Application | 7/28/2007 |
Q: My wife currently has a 10 year B1 visa. She entered the US back in Jan, crossed the border through ...
A: Ed, congratulations on your marriage. If your marriage ceremony was in the US then the marriage ...
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| Employer transfer on an L-1 | 6/15/2007 |
Q: Mark, I saw in one of your responses that you stated that a L-1 visa holder can transfer to a ...
A: Martin, I am sorry but you must have misunderstood my response and the facts surrounding my ...
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| Changing J1 status | 6/14/2007 |
Q: I am currently on J1 Trainee visa doing an internship in United States. My J1 is not a subject to 2 ...
A: Anastasiya, I do not know enough from the facts that you have supplied to give you a thorough ...
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| Consequences after F1 to H1 transfer. | 6/7/2007 |
Q: I am currently on F-1 and but received a job offer from a company with an effective date of October ...
A: RAz, If you want to stay in the United States you should maintain legal status. If you are on F1 ...
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| Separation from L1 | 6/6/2007 |
Q: I have a L2 visa because of my husband's L1 visa, whom I've been married to for the last 5 years. ...
A: Ivette, You may use your EAD card while you are separated and living apart. If you get a divorce ...
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| My interview | 6/6/2007 |
Q: My husband and I went for our interview on 6-4-2007..had all our documents everything went well with ...
A: Lynda: He can depart for Egypt without his advance parole approved. And when the approval comes ...
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| Urgent help :Convert L-2 to some other visa to work | 6/5/2007 |
Q: I m here in US on L-2 Visa with which I m totally depending on my husbands's stay and that's y can't ...
A: Asha, If you husband has to leave then your L 2 is gone as well. If you can, perhaps you could ...
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| Urgent help :Convert L-2 to some other visa to work | 6/5/2007 |
Q: I m here in US on L-2 Visa with which I m totally depending on my husbands's stay and that's y can't ...
A: Asha, I would suggest that you file for an EAD card form I765. This will allow you to work for ...
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| L1 Visa | 6/4/2007 |
Q: Could you advise the estimate time scales in obtaining L1 Visa status. I am a British Citizen, with ...
A: Jason, If they do premium processing it could take as little as fifteen days or regularly forty-five ...
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| L2 visa expiry | 6/4/2007 |
Q: I am currently in the USA on an L2 visa courtesy of my husband being on an L1 intra-company transfer ...
A: Samantha, I am sorry but there are not many alternatives. You could perhaps go on H1 status if you ...
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| Recapture Priority Date for Denied I-130? | 6/3/2007 |
Q: I was wondering if it is possible to recapture priority date for denied I-130? If it was denied only ...
A: Araceli, I am sorry but I do not know of any means to recapture the priority date. Perhaps an appeal ...
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| When can I enter on H1B? | 6/1/2007 |
Q: I am a Canadian citizen, have applied for an H1B, and received my I-797 approval notice. I am ...
A: Karl, There should be no problem with you coming within ten days prior to the start of your H. No ...
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| US citizen marrying a H-1B canadian | 5/29/2007 |
Q: I'm a male US citizen and I just got engaged to Canadian woman currently residing in the US with a ...
A: John, It does not really matter where you are married as long as you can prove a valid marriage. ...
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| EAD | 5/29/2007 |
Q: My husband and I filed EAD four months ago but haven't gotten any response from immigration office. ...
A: Xin, The usual time it takes to process an EAD case is approximately three months. Sometimes there ...
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| Delay in going for H1B Stamping - Urgent! | 5/28/2007 |
Q: MY H1B was approved on Feb 2006 , By the time it was approved , I Have left the company and joined ...
A: Dhamodharan, It should not be a problem. If you have already been counted against the cap then you ...
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| Fulbright J1 visa 2 year HRR | 5/27/2007 |
Q: I am on a Fulbright J-1 visa as a cancer biology Ph.D. student in America. I would like to become ...
A: Jo, Depending on your credentials, you may be eligible to apply for an O visa to continue working ...
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| my domestic partner | 5/25/2007 |
Q: I am a gay male, my domestic partner lives in Medellin, Colombia, I was wondering if there is any ...
A: Armando, The answer is too detailed to cover in this forum. There are many ways for him to do this. ...
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| my domestic partner | 5/25/2007 |
Q: I am a gay male, my domestic partner lives in Medellin, Colombia, I was wondering if there is any ...
A: armando, I am sorry but I do not know any way that you could bring him to the US as your domestic ...
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| L2 to H1b Conversion - urgent | 5/24/2007 |
Q: I have got H1b approval last year and when I have approached Chennai for Visa stamping, my H1b was ...
A: Sivaram, My suggestion is that you can try to transfer your H if it is still valid to another ...
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| H1 B valid until June 08, but stayed in India for long | 5/22/2007 |
Q: I am an employee of Patni Computer Systems. My H1 B was filed in June 03. But I did not leave for ...
A: Raghavan, Yes, you should be able to recapture the year that you were not working in the United ...
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| OPT to H1B GAP | 5/21/2007 |
Q: My OPT expires on June 30th, and my H1B visa won't start until October 1, there are 3 months gap, do ...
A: Chritine, This is too long of a period of time. I would suggest that you leave the country from ...
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| naturalisation and sealed arrests | 5/21/2007 |
Q: Do arrests that result in dispositon in your favor ( sealed/dismissed ) appear in CIS checks for ...
A: Sunny, The arrest and dismissal may show up in the background check. Usually cases that are ...
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| 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, On line status is not updated regularly. Just because they are processing does not mean ...
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| 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 feel that the USCIS will not allow to transfer under your current situation. The general ...
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| OPT, H1-B change | 5/10/2007 |
Q: I read a issue answered by Mr. Ajay to Akash whose case is similar to mine. I work for company A and ...
A: Venki, You have alread sought the advice of another attorney. This forum in not a venue for you to ...
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| H1B academic visa | 5/10/2007 |
Q: I am working in a University in USA. My petition was filed by the university and currently I have ...
A: Saurabh, Since you are working for a university, I assume that they are cap exempt. Thus, if you ...
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| H-4 extension under I485 | 5/10/2007 |
Q: we are under I-485 pending and work by using EAD. we have exteded H-1 for 3years and only 1-year ...
A: Chanthia, I do not understand your fact pattern as you have explained it. It does not make sense. ...
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| L1B visa to H1B visa | 5/9/2007 |
Q: I transfered to the US with my current company through a L1B visa. I understand that if my position ...
A: Chris, You should leave the country if you are being terminated. I suggest that you negotiate with ...
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| Visa for H1B approval | 5/8/2007 |
Q: I had my H1B approved last June and applied for my entry visa into the US from the United Kingdom in ...
A: Ronke, What I mean is that there is no official decision regarding your particular question decided ...
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| Amended H1B | 5/8/2007 |
Q: Currently I'm working for a non-profit organisation on H1B visas (cap expempt) and a new employer ...
A: Dharti, I am sorry but I do not believe your transfer is possible. Since you have not been counted ...
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| Visa for H1B approval | 5/8/2007 |
Q: I had my H1B approved last June and applied for my entry visa into the US from the United Kingdom in ...
A: Ronke, Since you have already been counted against the cap, you may transfer to another employer ...
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| H1-B Filed on April 3, 2007 | 5/5/2007 |
Q: I am here in US in B2 Status but an Employer has petitioned me for H1 Visa. We have filed the ...
A: Joseph, Our firm has also not received receipts for a large number of cases that were filed on April ...
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| F-1 to H-1 while reinstatement pending | 5/4/2007 |
Q: I am in a strange situation and I hope you will be able to advise and help me. I have an F-1 ...
A: Zeeshan, You can apply for an H1B. Note your H1b will be approved only after a decision is made on ...
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| Marrying a New Zealander | 5/4/2007 |
Q: My boyfriend lives in NZ right now but is coming in 2 weeks for a visit. We need to know if we get ...
A: Patricia, Congratulations of your upcoming marriage. I am sorry but there are many issues that ...
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| F2 to H1, time to apply for 2007 | 5/3/2007 |
Q: I am under F2 visa, and I am planning to apply to H1 through an employer willing to sponsor me. They ...
A: Isabol, There are no h1 visa numbers available until October 2008. If your employer is cap exempt ...
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| check status I-485 | 5/2/2007 |
Q: My I485 was filed to Nebraska Service Center more than a year ago in 2006. I made an inquiry in ...
A: Chanthia, You have done all that needs to be done. Unfortunately, name checks are done by the FBI ...
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| Naturalisation application | 4/26/2007 |
Q: I have a question about the naturalisation application. I had an arrest which was dismissed in my ...
A: Edward, Even though you were never convicted of a crime, you were still arrested. As a general ...
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| H1B question | 4/25/2007 |
Q: Another question please. That organization does not want to pay the premium processing fee. So I ...
A: In general if you have filed for a change of status you are not allowed to leave the country until ...
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| L2 for my husband | 4/24/2007 |
Q: My employer is willing to sponsor by L1 visa. My husband is also qualified with his MCA - Masters in ...
A: Geethaa, You should not have any problem getting your husband an L2 visa regardlss of his ...
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| Divorce and remarriage | 4/23/2007 |
Q: A while back my 485 was denied due to abandonment, I couldn't make the interview . A week later I ...
A: Andrew, As long as you marriage is bonafide there should not be a problem for the interview. I ...
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| 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: Rashmi, 1. You can go on F2 without problem. 2. It is the same process that you did this year. ...
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| non-profit H1B petition start date, new for-profit H1B petition | 4/22/2007 |
Q: My current non-profit H1B petition was filed on 3/9/07, just 5 days before my EAD expiration date. ...
A: kh, There are two issues regarding your filing for H-1b for profit company at this time. One is ...
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| H1B visa transfer - but have not yet travelled to the US | 4/21/2007 |
Q: I have a H1B visa valid until Oct 07 (issued Nov 06) from employer A who is not able to give me a US ...
A: Ruth, 1. yes 2. It does not apply, by strict interpretation of the regs it will probably be OK ...
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| Time left after H1-B transfer denied? | 4/20/2007 |
Q: I filed my H1-B Transfer on Jan 25, 2007, my petition is still pending until now (04/19/07). I ...
A: Jerry, I understand this is a harsh rule but everyday that you delay leaving the US could impact ...
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| H1 visa approval and trasnfer | 4/19/2007 |
Q: My name is Madhav. I obtained my Master's degree in US. I have been working on OPT for about 7 ...
A: Madhav, Even though you have received an Request for Additional Evidence your case is still on the ...
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| J-1 visa | 4/17/2007 |
Q: I am a Ph.D. candidate from NCSU got a post doc in the same university. My subject is soil science. ...
A: Subathra, Most J-1's are subject to a two year residency requirement and are normally not the best ...
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| I-485 | 4/16/2007 |
Q: Just a couple of questions. My I-140 was approved in NIW category in December 2006. I have not ...
A: Sallam, There is not really a time limit at present to file for an adjustment of status. What ...
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| H3 to H1B | 4/15/2007 |
Q: i graduated with masters degree from a graduate school in California in DEC 2005. i joined company ...
A: Raghav, I am sorry but according to the regulations,an individual on H 3 may not seek a change of ...
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| Can we apply for H1 and L1 simultaniously | 4/15/2007 |
Q: Due to urgent req in my present comp I need to travel to US for 4 mnts, so my comp is filling my L1. ...
A: Pramil, You can do this but you should always maintain your legal status. If both get approved then ...
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| L-1 visa | 4/14/2007 |
Q: Does an employer have to notify the government when it fires employee with L1 visa status? If so, ...
A: The employer would be well served to notify the USCIS soon after termination of the L-1 employee. ...
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| H1B visa with NGO and work for someone else? | 4/13/2007 |
Q: I just wanted to clarify and re-frame my previous question. I'm currently applying for an H1B visa ...
A: The USCIS has not clearly stated as to whether a H-1B beneficiary on a cap exempt H-1B can work ...
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| Student Visa | 4/12/2007 |
Q: Mark: I am an international student in Canada now.Recently, i have been accepted by the city ...
A: You can apply either in the US or at US consulate in Canada. If you have any questions about how ...
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| confused | 4/8/2007 |
Q: I'm very confused and depressed.This is the deal...i came to the US 2001 then got married in 05.It ...
A: This is a complicated fact issue. You may be eligible under vawa act, I do not know about what you ...
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| L2 Visa to Green Card | 4/6/2007 |
Q: I am currently on L2 and have a valid EAD. My employer is willing to sponsor my Green card. My ...
A: You can get your green card processed depending on the job title whether eb3 or eb2. I would ...
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| can i visit Mexico | 4/5/2007 |
Q: I am from Italy and came on a J1 visa but changed it to a visitors B2 visa on 2/5/2007. Can I visit ...
A: I believe it should not be a problem as long as the trip is less than 30 days. Under 22 CFR ...
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| H-1B | 4/4/2007 |
Q: With the H-1B cap for FY 2008 already met and that all petitions will undergo random selection by ...
A: The USCIS has not come out with further clarifications on how the random selection by lottery will ...
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| CITIZENSHIP | 4/4/2007 |
Q: I HAD A DUI 2 YEARS AGO . MY DRIVER LICENSE WAS SUSPENDED FOR 6 MONTHS. I COMPLY WITH ALL THE COURT ...
A: Ana, In my opinion, this should not impact your citizenship case. In some cases the examiner may ...
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| ssi & I-30 ins form | 4/3/2007 |
Q: When a U.S. citizen is in the process of filing a I-30 for (Petition for Alien Relative) will this ...
A: The US citizen will be eligible for all benefits they are owed by the US government including social ...
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| L1 visa holder getting married | 4/3/2007 |
Q: My boyfriend is getting L1 visa and is going to work in the US from April. We are together for 7 ...
A: Elodie, There is no minimum or maximum amount of time to stay out of the country. If the port of ...
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| 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 cannot answer for all countries but in the US a student after finishing his education he can get ...
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| Transfer F-1 to H-1 in oversea | 3/31/2007 |
Q: I currently enroll as a student in graduate school. SO, I am in F-1 status. Meanwhile, I am applying ...
A: Since you have retained an attorney, I would suggest that you reconfirm with him exactly why you ...
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| H1B Visa in Colombia | 3/30/2007 |
Q: I came to the US in 2000 with a tourist visa, and then change for F-1 student visa for 4 years and ...
A: Since you have an attorney you should double check with him. He should privide you the rules or ...
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| L1 visa and getting married | 3/30/2007 |
Q: I am currently working in the US under an L1 visa. If I get married to an American Citizen, does it ...
A: No, in fact it will improve your chances of getting a green card. Once you get married, the process ...
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| the best way to wemmigrate my fiancee | 3/29/2007 |
Q: I live in San Diego and I am a naturalized U.S. citizen. I am going to marry a Mexican girl that ...
A: If she comes to the United States she can file for a green card. However you must keep in mind the ...
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| CRIME OF MORAL TURPITUDE | 3/27/2007 |
Q: My brother was arrested in 1999 on the charges of shoplifting. The court document reads "dismissed ...
A: I do not have enough facts to give you an absolute answer but if he was convicted in juvenile ...
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| L1 visa holder getting married | 3/22/2007 |
Q: My boyfriend is getting L1 visa and is going to work in the US from April. We are together for 7 ...
A: Yes, you are eligible to get an L2 visa once married. There are two ways: If in the U.S. and you ...
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| 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 I539 should be your address and not the schools address. The USCIS does accept FedEx. We file ...
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| Trasfer of H-1B to E-2 | 3/21/2007 |
Q: I am on H-1 and wife on H-4 My employer is winding his business in a month or so. I remitted into ...
A: This question is too detailed to properly assess. For example how you valuated the store, total ...
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