About Experts Sitemap - Group 30 - Page 4 2015-01-20

Immigration Issues: Missing OPT EAD Card, uscis gov, form i 765
uscis gov, form i 765, time position: Hi, Please apply for replacement EAD by coordinating with the DSO (also known as international student advisor) at your university by completing Form I-765: http://www.uscis.gov/files/form/i-765.pdf It can take up to 3 months to be issued replacement...

Immigration Issues: Multiple H1B, H1B, multiple H1B
H1B, multiple H1B, concurrent employment: If you will work for the second employer concurrently with the original employer, the second employer will request concurrent employment . If you are not sure whether you will continue to work for the original employer, the second employer will request new...

Immigration Issues: Planning on getting married, K1, I-130
K1, I-130, marriage to U.S. citizen: Hi, A visitor visa is not appropriate, as it does not allow for intention to immigrate to the U.S. or to have the intention to marry a U.S. citizen at time of entry to the U.S. A fiancee petition (K1) petition should be filed by you with the USCIS. It...

Immigration Issues: processing time and priority dates, F2B, F4
F2B, F4, I-130: Hi, Children 21 or over of permanent residents is F2B category. And siblings of U.S. citizen is F4 category: www.h1b1.com/sponsor.htm Information about priority dates is here: www.h1b1.com/visawaiting.htm For the month of October, 2010, the visa availability...

Immigration Issues: US re-entry, removal proceedings, criminal convictions
removal proceedings, criminal convictions, arrest warrant: Hello Franz: It depends whether you have been convicted of a crime, the sentence and the details of the conviction. You did not specify your legal status in the United States. Upon your return to the United States, you may be placed in removal proceedings...

Immigration Issues: U.S. citizen married to Canadian, I-130, I-485
I-130, I-485, marriage to U.S. citizen: Hi, All sponsorship paperwork should be filed concurrently with the USCIS such as I-130, I-485, I-765, I-131, G325, I-864, etc. along with supporting documents. If properly filed, you can remain legally in the U.S. and receive permission to be employed...

Immigration Issues: visitors visa for my wedding, B1, B2
B1, B2, visitor visa: Hi, Your future mother-in-law should apply at the nearest U.S. Consulate for a visitor visa. It can take a couple of months for the process. The following website is helpful: http://travel.state.gov/visa/temp/types/types_1262.html You and your fiance...

Immigration Issues: I-130/I-485/I-94 for parents, i130, i485
i130, i485, immediate relative: Hi, Yes, as parents of U.S. citizens are considered immediate relatives, I-485 can be filed concurrently with the I-130: www.h1b1.com/sponsor.htm Thus, you can submit I-485 now. You should attach copy of I-130 receipt notice to the I-485 application....

Immigration Issues: I-485 and H1B/H4, h4 visa status, uscis
h4 visa status, uscis, h1b: Hi, All I-485 s will still be approved if the new employer is offering you permanent, full-time employment in the same or similar occupational category, and ready to submit a letter to the USCIS providing information such as job title, job description,...

Immigration Issues: adjustment of status student visa, adjustment of status, i485
adjustment of status, i485: Hi, In order to obtain permanent resident status in the U.S., normally your son must be sponsored by a U.S. family member who is a U.S. citizen or permanent resident: www.h1b1.com/sponsor.htm Alternatively, he can be sponsored by an employer in the U.S.:...

Immigration Issues: Change of Passport, passport information, visa stamp
passport information, visa stamp, visa interview: Hi, Marriage will have no impact on your L1A petition. If you obtain a new passport prior to applying for L1A visa stamp at the Consulate, the stamping will be done in the new passport. Keep a copy of the old passport in your records if there is a question...

Immigration Issues: Changing Visa Status to F1, f1 visa, immigrant petition
f1 visa, immigrant petition, visa stamp: Hi, Yes, if the application to change status to F1 is denied, you will continue to maintain H4 status. If application to change status to F1 is filed after your current H4 status has expired (and prior to H4 extension approval) the USCIS will not grant...

Immigration Issues: US Citizen sponsoring parents currently on EAD, immigrant petition, adjustment of status
immigrant petition, adjustment of status, permanent resident: Hi, Once you are a U.S. citizen, you can sponsor your parents: www.h1b1.com/sponsor.htm As they are legally in the U.S., and are otherwise considered immediate relatives, the immigrant petition as well as adjustment of status can be filed concurrently....

Immigration Issues: DERIVATIVE CITIZENSHIP, derivative citizenship, naturalization
derivative citizenship, naturalization, parent: Eileen Chun-Fruto, Los Angeles immigration lawyer writes: Dear Rebecca, Thank you for your very thoughtful question. i wasn t able to respond sooner because derivative citizenship is a very very concise area of immigration, often sending even seasoned...

Immigration Issues: DS 2019 FORM, j1, ds2019
j1, ds2019: Hi, You need J1 status to work, as issuance of Form DS-2019 by the sponsor is insufficient. Thus, the application to change status from B1/B2 to J1 should be approved by the USCIS granting change of status. Alternatively, you can go to a U.S. Consulate...

Immigration Issues: employer wanting to hire applicant, ead, i765
ead, i765, employment authorization document: Hi, To legally employ this person, he or she should have actual possession of the EAD (employment authorization document, but it really a card) with validity dates on the EAD covering the period of employment. The I-797C by itself does not authorize employment...

Immigration Issues: F-1 employment regulation, curricular practical training, optional practical training
curricular practical training, optional practical training, employment regulation: Hi, F1 student status allows for on-campus employment 20 hours per week. You should speak with the DSO (also known as International Student Advisor) at your university to provide you with evidence such as a letter that the university has allowed to to work...

Immigration Issues: F1 to H4 to H1 (requesting consular notification), h1b, h4
h1b, h4, consular notification: Hi, If the H1B petition was received by the USCIS on Jan. 25, it is within the visa cap. If it was received on Jan. 26, it may or may not be within the visa cap depending on result of random selection process: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7fd9b9138c9cd210VgnVCM100000082ca60aRCRD&vgnextchannel=b56db6f2cae63110VgnVCM1000004718190aRCRD...

Immigration Issues: F1 inquiry, f1 visa, immigration fraud
f1 visa, immigration fraud, visa stamp: Hi, Since your intention at time of entry to the U.S. will not be studies with the university that you had planned on attending, you should apply to another university in the U.S. for admission and when admitted the university will issue you Form I-20....

Immigration Issues: F1 VISA....SPONSERSHIP ISSUES, immigrant visa petition, visa issuance
immigrant visa petition, visa issuance, b2 visa: As issuance of B2 visa stamp by the Consulate also requires showing nonimmigrant intent, the odds of being issued F1 visa are somewhat higher based on B2 visa issuance earlier, and no previous immigration violations such as overstaying the length of permitted...

Immigration Issues: F2 to H1B, h1b, specialty occupation
h1b, specialty occupation, f1: Hi, H1B petition filing requires the support of an employer in the U.S. Probability of success depends on factors such as whether the position is a specialty occupation, i.e., a position that normally requires the possession of a specific U.S. bachelor...

Immigration Issues: Change of Passport, hassles, passport
Immigration Issues: Change of Passport, hassles, passport, visa

Immigration Issues: H1B petition denial; filing L1A blanket, visa interview, questiones
Immigration Issues: H1B petition denial; filing L1A blanket, visa interview, questiones, rejections

Immigration Issues: K1 visa and Dominican divorce, dominican divorce, divorce documents
Immigration Issues: K1 visa and Dominican divorce, dominican divorce, divorce documents, k1 visa

Immigration Issues: H1-B married to US Citizen, i130, i485
i130, i485, marriage visa: Hi, It is easiest for a bride to change name at time of marriage. Then all sponsorship paperwork will be completed and filed using the new name. There is no need to obtain new documents with new name prior to sponsorship paperwork filing. Additional...

Immigration Issues: H1-H4-H1, h1b, h4
h1b, h4: Hi, The USCIS will not expect you to submit your pay stubs to change status from H4 to H1B even though at one point in time you were in H1B status. You are expected to submit evidence that your spouse is maintaining his H1B status (and thus you are maintaining...

Immigration Issues: H1B extension and green card., h1b, perm
h1b, perm, labor certification: Hi, Your family should file H4 extension prior to 09/26/11. I recommend that your family file the H4 extension along with your H1B extension, but note that your employer cannot file H1B extension more than 180 days prior to 01/11/12. In any event, your...

Immigration Issues: H1B to L2 transfer, h1b, l2
h1b, l2, change of status: Hi, If application to change status to L2 is filed with the USCIS, your wife will automatically be in L2 status upon approval of the application. As she can hold only one status, and the latest action will have been grant of change of status to L2, she...

Immigration Issues: H1B petition denial; filing L1A blanket, employer employee relationship, petition denial
employer employee relationship, petition denial, denial notice: Hi, It is important in L1A cases that the U.S. company filing L1A petition clearly state and provide evidence that it will retain ultimate authority over the control and supervision of the sponsored employee, esp. if placed at a client site. Your employer...

Immigration Issues: H1B petition Transfer, approval notice, uscis
approval notice, uscis, employer name: Hi, Your employer, or an attorney who has the authorization of the employer, must notify the USCIS to issue corrected I797. The contact information is on the I-797 at the bottom. Your new employer can file H1B petition requesting extension of your status....

Immigration Issues: H1B Transfer, receipt notice, h1b visa transfer
receipt notice, h1b visa transfer, uscis: It has been received by the USCIS, but it does not necessarily mean that it has been filed . For example, if the petition is not signed at all relevant locations, or if the filing fee is incorrect, the petition will be returned without being filed. It may...

Immigration Issues: H1b Tricky Situation, h1b, perm
h1b, perm, i140: The regular cap applies when the master s is reached; the regular cap is open at this time. It takes about 6 months after PERM is filed for certification by the Dept. of Labor. Then the I-140 immigrant petition is filed in EB2 with the USCIS along with...

Immigration Issues: H4 to F1 with husband in I- 140, visa status, masters student
visa status, masters student, partial tuition: Hi, You have an intention to immigrate to the U.S., and thus there is a possibility that the USCIS will not grant change of status from H4 to F1. Incidentally, H visa status allows for intention to immigrate to the U.S., and thus there is never a problem...

Immigration Issues: H4 to H1 conversion, h4, h1b
h4, h1b, visa transfer: Hi, An H1B petition can be filed by your employer requesting change of status from H4 to H1B. When granted change of status by the USCIS, you are not required to depart the U.S. and can start working for the sponsoring H1B employer upon grant of change...

Immigration Issues: H4 to L1 conversion, l1 visa, visa stamp
l1 visa, visa stamp, immigration inspector: Hi, Yes, you can go to Canada or Mexico or other country and when entering the U.S. please sure to display the L1 visa stamp in passport and notify the immigration inspector that you are entering the U.S. for the purpose of working for the L1 employer....

Immigration Issues: Incorrect date of birth in passport, department visa bulletin, visa availability
department visa bulletin, visa availability, priority dates: Hi, As the state department visa bulletin is published monthly, and there can be retrogression of visa availability in any of the employment-based categories, it is best to file I-485 in the month when the priority date becomes current. Information about...

Immigration Issues: us immigration, family preference, preference category
family preference, preference category, immigrant petition: Hi, Your U.S. citizen brother would file an immigrant petition for you with the USCIS in the 4th family preference category. It will take about 10 years for the priority date to be current before an immigrant visa is issued to you by the U.S. Consulate....

Immigration Issues: K1 visa and Dominican divorce, k1, fiance petition
k1, fiance petition: Hi, I am assuming that your fiance s former wife is a Dominican citizen, or else resides in the Dominican Republic, and further assuming that the divorce is legal as per Dominican law, it is considered to be a legal divorce and thus you can file K1 petition....

Immigration Issues: L1 to H1 transfer, h1b, h1b transfer
h1b, h1b transfer, i-797: Hi, There are two choices to work for the H1B employer: Either the H1B employer file I-129 again with USCIS requesting change of status to H1B, or you can apply at a U.S. Consulate in your home country for H1B visa stamp and then enter the U.S. based on...

Immigration Issues: L1 to H1B, change of status, h1b
change of status, h1b, i94: Hi, Yes, if your H1B approval notice granting change of status takes effect in the future, and you plan on entering the U.S. prior to the effective date, then you can enter on existing L1 visa stamp if your intention at time of entry is to work for the...

Immigration Issues: L1 to H1B, l1, h1b
l1, h1b, change of status: Hi, As you had H1B approval within the past six years, even if you did not technically hold H1B status, another company can file H1B petition for you requesting change of status from L1A to H1B. When filing H1B petition, this company should attach copy...

Immigration Issues: L1 to H1B Tricky situation., visa cap, visa stamp
visa cap, visa stamp, formal separation: If H1B is filed before the cap is reached, you can continue to remain legally in the U.S. However, you cannot be employed by the H1B employer prior to petition approval granting you change of status to H1B. If you travel outside the U.S., you should obtain...

Immigration Issues: L1 Visa Rejection , Can get L2 Visa if spouse has L1., l1, l2
l1, l2, ead: Hi, Your husband can apply for L2 visa stamp based on issuance of L1 visa to you. The L2 visa stamp only requires marriage to L1 visa holder, so your husband should not be denied the visa stamp; his earlier L1 denial has no bearing. Once your husband...

Immigration Issues: L1A, l1a visa, immigrant petition
l1a visa, immigrant petition, visa status: Hi, It is quite common for the Consulate to request additional documents prior to issuing the L1A visa stamp. Your company can file the immigrant petition anytime (even prior to your entry to the U.S. in L1A visa status) if the company branch, subsidiary,...

Immigration Issues: L1A and I-140 and I-485, l1a, i140
l1a, i140, i485: Hi, Premium processing is not available for I-140 in the EB1 multinational executive or manager category. In addition, I-485 (adjustment of status application) can be filed only when physically present in the U.S. Thus, you should enter the U.S. on existing...

Immigration Issues: L1B to Greencard, l1, l1b
l1, l1b: Hi, Your husband will not be able to extend L1B status beyond an aggregate of 5 years even if the green card process is started for him. Extension beyond the limits applicable to a visa category based on starting the GC process on a timely basis are applicable...

Immigration Issues: L2 to L1B - physically return to home country for stamp?, visa stamp
visa stamp: Hi, You do not require L1B visa stamp in passport if you continue to remain in the U.S. and were granted change of status to L2 status. However, if you depart the U.S., you require L2 visa stamp issued by a U.S. Consulate in the U.K. in order to enter the...

Immigration Issues: L2 visa reinterview, l2
l2: Hi, The U.S. Consulate should have issued your wife a list of any documentation that she should carry with her at time of her second interview. In any event, your wife should carry a letter from your U.S. employer verifying your employment in L1 status....

Immigration Issues: Maintain F-2 Status, visa stamp, residency requirement
visa stamp, residency requirement, short trips: I assume that your wife is already present in the U.S. studying full-time. Your wife is not required to accompany you and your daughter when you visit the U.S., but it may be helpful to carry evidence with you that your wife is a student in the U.S. such...

Immigration Issues: Marriage--Witness as Magistrate's Staff members, i-130, marriage to u.s. citizen
i-130, marriage to u.s. citizen, marriage visa: Hi, It is OK to have any witness, as the issuance of marriage certificates indicates a valid marriage. After sponsorship by your spouse, you will eventually be scheduled by the USCIS for marriage interview. By that time you will have adequate evidence...

Immigration Issues: Marrying a foreign national then bringing her back to the United States on a tourist visa, marriage, wife
marriage, wife, mexico: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Thank you for your question. I am glad to address your questions generally, but I must remind you that although I am an attorney, I am not YOUR attorney. The information I am giving you is general...

Immigration Issues: Marrying someone under the visa waiver program, i-130, i-485
i-130, i-485, marriagfe to u.s. citizen: Hi, Since she entered the U.S. legally, even if she subsequently overstayed, and even if she entered on the visa waiver program, upon marriage with a U.S. citizen all sponsorship paperwork can be filed concurrently including the immigrant petition and adjustment...

Immigration Issues: Moving to the USA as spouse of U.S. citizen, travel state gov, affidavit of support form
travel state gov, affidavit of support form, affidavit of support: Hi, Your wife will I-130 petition with the U.S. Consulate in London since she is currently residing in the U.K. Once the I-130 has been approved, you will apply for and receive an immigrant visa directly at the U.S. Consulate in London. This immigrant visa...

Immigration Issues: OPT, opt, f1
opt, f1, dual-intent: Hi, As OPT is part of F1 student status, and as this status does not allow for intention to immigrate to the U.S., you should change to H1B status prior to start of green card process. H visa status is dual-intent, i.e., it is a nonimmigrant visa but it...

Immigration Issues: Opening a business on O-1, o1
o1: Hi, O-1 visa status is employer specific. Thus, you can be legally employed only by your O-1 employer. It is OK to be an investor in O-1 status (or any other visa status), but from your email it appears that you will be actively involved in day-to-day...

Immigration Issues: Regaining green card, permanent residence card, family sponsorship
permanent residence card, family sponsorship, employer sponsorship: Hi, Your son can live in the U.S. anytime without any restrictions, but he can sponsor you only when he is 21 years of age: www.h1b1.com/sponsor.htm For you to remain permanently in the U.S., the green card process will need to be started all over again....

Immigration Issues: Student Visa, travel state gov, us embassy in paris
travel state gov, us embassy in paris, visa stamp: Hi, Yes, you can apply for F1 visa stamp at the U.S. Consulate once you are admitted to university or other study program that issues you Form I-20. However, F1 visa stamp will not be granted by the U.S. Consulate unless you can convince the consular officer...

Immigration Issues: sibling sponsorship, i-130, family sponsor
i-130, family sponsor, f3: Hi, Your sponsorship is in the 4th family preference category (F4). If a parent sponsors as a green card holder, it will be the F2B category. A parent sponsoring as a citizen is in the F1 category. There is not much difference between F2B and the 4th...

Immigration Issues: Tourist Visa and Pregnant, tourist visa, u s passport
tourist visa, u s passport, birth certificate: Hi, When you give birth in the U.S., your child will automatically be a U.S. citizen. His or her birth certificate is proof of U.S. citizenship and will allow him or her to obtain a U.S. passport. If you would like to reside permanently in the U.S. based...

Immigration Issues: US visa for foreign friend, b2, visitor visa
b2, visitor visa: Hi, Your friend will need to apply for a B2 visitor visa directly at a U.S. Consulate in Malaysia. You cannot sponsor him as he is not a family member: www.h1b1.com/sponsor.htm The following website is helpful: http://travel.state.gov/visa/temp/types/types_1262.html#...

Immigration Issues: Wrong end date on H4 approval, h4, i797
h4, i797, i-94: Hi, Based on our experience, the USCIS will issue same end date for all applicants on the I-539. I hope that your wife and daughter #2 filed for another H4 extension prior to 11/23/10. If not, they should depart the U.S. immediately and apply for H4...

Immigration Issues: work permit renewal, ead, i-765
ead, i-765: Hi, File a new EAD (employment authorization application) with the USCIS. However, unless you have independent employment authorization (such as valid H1B status), you should temporarily remove yourself from your employer s payroll. When the new EAD has...

Immigration Issues: I-130 & I-485, i-130 and i-485 together, marriage to u.s. citizen
i-130 and i-485 together, marriage to u.s. citizen, marriage sponsor: Hi, I-485 can be filed concurrently with the I-130. Alternatively, I-485 can be filed after I-130 has been filed. I recommend that you now wait until the USCIS has issued the I-130 receipt notice (about 2 weeks after filing of I-130) and attach copy of...

Immigration Issues: I-131, advanced parole, cr1
advanced parole, cr1, notations: C1? There is a class of admission sheet and CR = Conditional Resident, 6 denotes spouse (I believe). If 1 is spouse then it would be CR1, which is possible. Some notations are duplicative. In any event the notation on the I-131 is not that important for...

Immigration Issues: I-485, optional practical training, green card
optional practical training, green card, receipts: Dear John, If you have never applied for a green card or Optional Practical Training (OPT) then you do not have an A#. If you did apply before, the A# will appear on the old receipts. Current USCIS status means the status you last entered the US with,...

Immigration Issues: I-485 pending and F1/EAD, adjustment of status and advance parole, i-485 abandoned
adjustment of status and advance parole, i-485 abandoned, departure from u.s. while i-485 pending: Hi, You have abandoned your I-485 application since you either departed the U.S. without advance parole document, or else did not enter the U.S. again (either in H1B status or on advance parole) within the expiration date of advance parole document. Thus,...

Immigration Issues: I-864, federal poverty guideline, ira savings
federal poverty guideline, ira savings, dividend payments: Hey John, No, USCIS will not deny before you are given a chance to supply a joint sponsor. Go ahead and file without one, and USCIS will ask you for one if USCIS determines that you need one. You will be given the chance to supplement the file and the...

Immigration Issues: I-864, i 765, current status
i 765, current status, immigrant: I am not sure about your I-864A because I don t know if the household sponsor s income is legally derived. Assuming it is, the sponsor does not need an I-864 if she is also the intending immigrant. Please review the instruction for the I-864A. Or you can...

Immigration Issues: I-94 expiring soon, receipt notice not received, h1b transfer, h1b extension
h1b transfer, h1b extension, h1b employment 240 days after filing extension: Hi, It typically takes 2 to 3 weeks to receive the receipt notice by mail from the USCIS after filing. Your employer (or the attorney who prepared the H1B petition) will receive the receipt notice. You can continue to remain legally in the U.S. since the...

Immigration Issues: Canada Immigration, canadian immigration consultant, minister of immigration
canadian immigration consultant, minister of immigration, canada immigration: Hi Tyler, Thank you for your question. In your situation, I may consider applying again. Due to the Ministerial Instructions which started in 2008 and have been published every year since, FSW applications are now processed in the priorities as directed...

Immigration Issues: Change of Status to B2 / Extension denied, departure from U.S. while in B visa status
departure from U.S. while in B visa status: Hi, You can work for the U.S. company in India without any restrictions. In other words, you are not required to maintain any visa status such as H1B, etc. The U.S. company has total control over deciding whether to file an H1B or L1 petition with the...

Immigration Issues: Consumation of Marriage, immigration canada visa roxanne jessome landing permanent resident visa
immigration canada visa roxanne jessome landing permanent resident visa: Hi BB, Thank you for your question. Yes, I am aware of the tradition. And yes, I do believe this weakens your application. Please see the decision of the Immigration Appeal Division which is directly on point regarding your case: http://www.canlii.org/eliisa/highlight.do?text=marriage+AND+refused+AND+immigration+AND+rukhsati&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2010/2010canlii84082/2010canlii84082.html...

Immigration Issues: CSQ, canada immigration roxanne jessome skilled worker visa
canada immigration roxanne jessome skilled worker visa: Dear Bassanio, Thank you for your question. The CSQ is the Certificat de sélection du Québec and is only required if you are planning to settle in the province of Quebec after landing in Canada as a permanent resident. If you are planning to settle in...

Immigration Issues: defination of arranged marriage, join canada roxanne jessome immigration visa cic citizenship
join canada roxanne jessome immigration visa cic citizenship: Hi Bassanio, There is no pat answer for your question. The Immigration and Refugee Protection Act and Regulations do not legally define arranged marriage . What they do say is that a marriage is valid both under the laws of the jurisdiction where it...

Immigration Issues: Keep H1B visa while spouse is on A-2 Visa, trumps, visas
Immigration Issues: Keep H1B visa while spouse is on A-2 Visa, trumps, visas, visa

Immigration Issues: Funding for B2 visa, b2 visa, luxurious cruise
b2 visa, luxurious cruise, nice neighborhood: Dear Michelle, Since you are travling with your husband, you can simply show his bank statements to the US Embassy to prove sufficient funds for travel. Bring your marriage certificate to prove marriage. Rough calculation for Rent and transportation...

Immigration Issues: GC Process, date of births, immigration officials
date of births, immigration officials, 20th september: Hello Anil, Usually, birth certificate is required in the immigration process. Options: 1. Applicant should get a copy of correct birth certificate and provide to immigration and immigration officials has discretion to enter under comments both...

Immigration Issues: General immigration questions, british commonwealth countries, caribbean west indies
british commonwealth countries, caribbean west indies, visa options: I am a citizen of The Bahamas and have been living in the U.S.out of status(i came on a F-2 visa with my Mother in 99)for 9 years.In those 9 years I have tried everything from the visa lottery,change to F-1 status(no money),I have even tried to find my biological...

Immigration Issues: green card holder I-131, permanent resident card, rebuttable presumption
permanent resident card, rebuttable presumption, us bank: I would fill out an I-131 and get the re-entry permit. It will increase the chance of her being able to come back to the United States. She should also prepare documents to show that she is only temporarily visiting Turkey to take care of your niece...

Immigration Issues: green card holder absance limits, fingerprint appointment, usa citizen
fingerprint appointment, usa citizen, form i 131: The re-entry permit takes about 3 to 4 months. However, after the applicant takes the fingerprints she can leave and you just have to mail her the permit after it arrives. The fingerprint appointment takes about a month to a month and half to arrive...

Immigration Issues: Green card when turning 21, cspa, dependent turning 21
cspa, dependent turning 21: Hi, You would need to change to an visa status independent of your father prior to turning 21 years of age. Changing to a student status (F1 visa status) is a realistic possibility, but please check with the college or university DSO (also known as international...

Immigration Issues: H1-B Extension when I-140 approved, h1b extension, h1b transfer
h1b extension, h1b transfer, i-140 approved and 3 year h1b extension: Hi, Yes, since I-140 has been approved, an H1B petition can be filed for you by an employer in the U.S. requesting change of status from B1 to H1B for a 3 year period. This can be any employer; there is no requirement that only the H1B employer can file...

Immigration Issues: H1B married to American Citizen, h1b extension and EAD, i-485 and ead
h1b extension and EAD, i-485 and ead, ead expiring: Hi, You must discontinue your employment between Nov. 18 until EAD is issued. Failure to do so will be a violation of the immigration laws. You could ask your employer to file an extension of your H1B status no later than Nov. 18. If so, you could continue...

Immigration Issues: H1B transfer denied, h1b transfer, h1b concurrent
h1b transfer, h1b concurrent, h1b multiple employers: I stand by my earlier answer. When the second H1B petition filed again by the new employer is approved by the USCIS, it is likely to be approved as consular processing rather than extension of status unless the petition has recent pay stubs from the...

Immigration Issues: H1B visa cap 2011-12, h1b visa cap 2012, h1b fiscal year 2012
h1b visa cap 2012, h1b fiscal year 2012, h1b filing visa quota: Hi, As long as the H1B petition is filed before the visa cap is reached, your case will be included within the visa cap. If the petition is filed after the visa cap has been reached, it will be returned to you by the USCIS. If the visa cap is reached...

Immigration Issues: H1B Visa stamping and client assignment, h1b client, h1b visa stamping and client
h1b client, h1b visa stamping and client: Hi, The odds of being issued a visa stamp are good since you have a degree from the U.S. and, more importantly, if you take evidence with you to the consular interview that the H1B employer is assigning you to Client X. This evidence should have been included...

Immigration Issues: IMM0008 Barcode generation problem, join canada roxanne jessome immigration visa cic citizenship
join canada roxanne jessome immigration visa cic citizenship: Hi again Bassanio, The same thing has happened with applications I have completed as well and other colleagues of mine. According to conversations with CIC, as long as the bar codes are generated, the number of them is not an issue. I personally believe...

Immigration Issues: IMMIGRATION, damascus visa, police certificates
damascus visa, police certificates, visa officer: Dear Fatemeh, Thanks for your inquiry. Please be advised that all the visa officer(s) has discretion in terms of processing application(s). They are not bound to meet any fixed deadline though they have two similar cases to process. Note: the background...

Immigration Issues: immigration related, canadian immigration consultant, provincial nominee program
canadian immigration consultant, provincial nominee program, citizenship and immigration canada: Thank you for replying to my question. As long as you indicated that you were in the UK and the time you stayed, everything will be fine even with the overstay. If you were in the UK for more than 6 months you will be asked to obtain a police clearance...

Immigration Issues: J-1 student in USA getting married a Canadian citizen, canadian immigration consultant, temporary resident visa
canadian immigration consultant, temporary resident visa, department of vital statistics: Hello Katia, Thank you for your question. If you want to get married in Canada, you will need to apply for a Temporary Resident Visa as a Visitor to enter Canada. With respect to being able to get married in Canada, you would need to check with the provincial...

Immigration Issues: J-1 student in USA marrying Canadian, j1 marriage, j1 visa
j1 marriage, j1 visa: Hi, You can be legally married in the U.S. irrespective of your immigration status. In addition, marriage will not interfere with your current J1 status, as your husband (when you are married) is not capable of sponsoring you for lawful permanent resident...

Immigration Issues: Keep H1B visa while spouse is on A-2 Visa, visa holder, independent status
visa holder, independent status, visas: Hi, Yes, you can maintain your respective independent status. In the future, if you prefer you can stay in the U.S. and change status from H1B to A2 (as a dependent of the principal A2 visa holder), or your wife can change status to H4 if she no longer...

Immigration Issues: L1 to H1, l1a to h1b, l1 to h1
l1a to h1b, l1 to h1, time in l1 counted towards six years maximum: Hi, There is a maximum allowable period of six years in H1B status. Unfortunately, time spent in L1A or L1B status counts towards this six year maximum. Thus, when H1B petition is filed through Employer B, it will be approved for only 10 months, as that...

Immigration Issues: L1 to L2 and I-485, l1 to l2, l2 ead
l1 to l2, l2 ead, l2 and i-485: Hi, You can change status to L2 based on your husband s L1A status. This is an application that you sign--your employer s signature or consent is not required. L2 should be approved. You will be granted change of status, and thus will not be required...

Immigration Issues: L1B and Divorce, l1b divorce
l1b divorce: Hi, Marital status is not relevant in L1 cases. It is relevant only in L2 cases. You can take the evidence of divorce or pending divorce with you to the L1 visa interview, but there will probably be no questions whatsoever regarding your marital status....

Immigration Issues: Labelling of Photographs/consumation of marriage, immigration canada visa roxanne jessome landing permanent resident visa
immigration canada visa roxanne jessome landing permanent resident visa: Hi BB, You might consider printing the photos on regular paper and using captions on the side so that you have two or three to a page with descriptions included. If you want to submit actual photos, write on the back of the photo as you describe in option...

Immigration Issues: long delay, visa office, ear sir
visa office, ear sir, new immigration: Hello Fatemeh, Unfortunately, it all depends upon officer, who is processing your file. Usually, when processing officer receive a new immigration, he or she response after 3-4 months (working days). Therefore, its difficult for me to comment when you should...

Immigration Issues: Marriage and Immigration and H1B, h1b ead, h1b employment authorization
h1b ead, h1b employment authorization, h1b status ead: H1B status is automatically considered to be employment authorization for the specific employer who has filed your H1B petition. You can maintain H1B status while I-485 is pending if you extend your status as required. You can also apply for EAD (employment...

Immigration Issues: Marrying a US citizen for green card and US immigration reform, immigration reform legislation, marrying a us citizen
immigration reform legislation, marrying a us citizen, marriage fraud: 1.What are the steps(legal and financial)to marry a US citizen for legal status? First you need to know that you cannot get married for the sole purpose of legalizing your status. That would be called a marriage fraud. If it s a real marriage, you should...

Immigration Issues: Motion to reopen or reconsider, court case, asylum
court case, asylum, denial: Dear William, Motion to reopen, appeal or motion to reconsider has a specific deadline. 2 years is a long time considering the last time of denial. You also did not specify the type of denial received for your sister? Was it a court case? Was it an...

Immigration Issues: Naturalization, exact dates, n 400
exact dates, n 400, uscis: It only asks you for trips abroad for the last 5 years. Check your passport for entry-exit dates and calculate from there. Check your email for airline tickets and calculate the dates. When in doubt, estimate. USCIS does not require exact exact dates...

Immigration Issues: Questions about immigration, open immigration, immigration applications
open immigration, immigration applications, illegal immigration: I just have to ask couple of questions, I hope you don t mind answering them. I just need some of your thoughts on illegal immigration. Q1: Why did you decide to become involved with immigration? Because my family immigrated here and experienced a lot...

Immigration Issues: sponsorship., immigration canada visa roxanne jessome landing permanent resident visa
immigration canada visa roxanne jessome landing permanent resident visa: Hi Dominick, Thank you for your question. You do not have a UCI/Client ID. Leave that section blank or write N/A for not applicable. Sincerely, Roxanne Jessome Regulated Canadian Immigration Consultant ICCRC Member No. R412519 www.joincanada.co...

Immigration Issues: Stepparent sponsoring child, stepparent sponsoring child, i-130 filing stepparent
stepparent sponsoring child, i-130 filing stepparent: Hi, As the marriage occurred before you were 18, you can be sponsored by your stepfather and adjust status in the U.S., assuming that you entered the U.S. legally even if the authorized stay has expired. You must be sponsored before you are 21 years of...

Immigration Issues: Translation of Birth Certificate, canada immigration roxanne jessome skilled worker visa
canada immigration roxanne jessome skilled worker visa: Hello Bassanio, I m sorry for the delay in my reply. I ve checked with a couple of colleagues who have a great deal of experience with the visa office in Islamabad and they advise that the attestation by the notary will be enough. I hope that helps. ...

Immigration Issues: what is UCI/Clinet ID, immigration canada visa roxanne jessome landing permanent resident visa
immigration canada visa roxanne jessome landing permanent resident visa: Dear Bassanio, Thank you for your question. Does your wife still have her Record of Landing, IMM 1000? If she still has a copy of this, the UCI (Unique Client Id) number will be written on this paper. The Client ID system has been in place for a very...

Immigration Issues: Visit visa, usa citizen, embassy officers
usa citizen, embassy officers, job in qatar: your question is how hard is it for you to get a visitor s visa. The answer to your question is that it depends on how much proof you have that you will return home after your visit. If you have a very good job in Qatar and it doesn t look like you will...

Immigration Issues: Work outside US on K3 Visa, permanent resident visa, us embassy in colombia
permanent resident visa, us embassy in colombia, tourist visa: Mike, Now the I-130 filed by US citizen living abroad goes to Chicago see US Citizenship & Immigration Update: a href= http://www.uscis.gov/files/pressrelease/I130FilingUpdate022707.pdf /a After filing it with Chicago USCIS will approve it and...

Immigration Issues: Affidavit of support nad 3 years tax returns, affidavit of support tax returns
affidavit of support tax returns: Hi, Recent guidance from the USCIS requires that only copy of the latest tax return is required to show ability to support a spouse, and thus although mandatory to list prior 3 years income on the affidavit of support, only the latest tax return will be...

Immigration Issues: B1 to H1 having a valid H1B approval, b1 to h1b, h1b change of status
b1 to h1b, h1b change of status, h1b extension of status: Hi Sadeesh, There is no problem with requesting change of status to H1B even though you already have H1B approval notice through the same company. If for some reason the H1B petition (or change of status to H1B) is denied, the original H1B approval remains...

Immigration Issues: canada immigration, quebec immigration, canada immigration
quebec immigration, canada immigration, time interview: Please note that those who are unwilling to learn the French language or those who lack the aptitude or the time to learn the same should not file an application under the Quebec Skilled Worker Program. Lack of knowledge of French language by the time interview...

Immigration Issues: Date H1B revocation take effect, h1b revocation, h1b withdrawal
h1b revocation, h1b withdrawal, h1b revocation date: When Co. A sent the revocation, it would have requested revocation based on date of termination of employment. If the employment termination date is not noted on the revocation letter, then the date of the letter will determine when the revocation is effective....

Immigration Issues: Employment Verification Letter for AOS, perm labor, i-140
perm labor, i-140, i-485 employment letter: It is OK if the employment verification letter indicates $90K. Indeed, it is best to be as consistent as possible with the information noted on PERM/I-140. However, it is also OK if the employment verification letter indicates $100K, as it is acceptable (although...

Immigration Issues: L1B/L2 immigration Issues, quick response, l2
Immigration Issues: L1B/L2 immigration Issues, quick response, l2, petition

Immigration Issues: F1 Visa for H4 applicant, h4 to f1, h4 study
h4 to f1, h4 study: Hi, After admission to the program of study, and issuance of Form I-20 by the institute, an application to change status should be filed with the USCIS. It will take several months for approval, and you will not be required to depart the U.S. Incidentally,...

Immigration Issues: Funds, currency devaluation, bank balance
currency devaluation, bank balance, faisal: Dear Mr.Faisal, Thanks for your inquiry. You question itself is an answer...Will they not suspect that I borrowed the money from some one? We highly suggest clients that they should maintain regular transactions in their Bank Accounts. Yes, you can show...

Immigration Issues: Funds, canada immigration roxanne jessome skilled worker visa
canada immigration roxanne jessome skilled worker visa: Hi Faisal, Not if you can show proof that you sold your own assets. In fact, since gold is a liquid asset, you wouldn t even have to sell them, just produce proof that they belong to you. Sincerely, Roxanne Jessome, RCIC Regulated Canadian Immigration...

Immigration Issues: Green Card from Co. A to Co. B, i-140 priority date, i-140 porting
i-140 priority date, i-140 porting, eb2 porting: Company B should start the green card process from the beginning through the filing of a PERM application: www.h1b1.com/laborcert.htm However, your friend will be able to port the priority date on approved I-140 petition through Co. A to Co. B. Thus, after...

Immigration Issues: Green Card by Marriage, marriage to u.s. citizen, marriage sponsorship
marriage to u.s. citizen, marriage sponsorship, i-130 marriage: Hi, All sponsorship paperwork can be filed concurrently, including your husband s (when you are married) adjustment of status application. The length of time in the U.S. after visa expiration is immaterial, as is the short span of time as a naturalized...

Immigration Issues: H1B academic to working visa, h1b, j1 to h1b
h1b, j1 to h1b, h1b visa cap subject: Hi, The new prospective H1B employer can file an H1B petition for you requesting change of status from J1 to H1B. There is no limit to the number of H1B petitions that can be filed: www.h1b1.com/concurrent.htm This new H1B petition will be subject to...

Immigration Issues: H1B and Adjustment of Status for R.N., h1b nurse, perm eb2 nurse
h1b nurse, perm eb2 nurse, eb3 nurse: Hi, Although you appear to be qualified for the EB2 category, it is unlikely that the case can be successfully filed in EB2 category since it will be very difficult to satisfy the USCIS that a relevant equivalent of a U.S. master s degree is required as...

Immigration Issues: H1B and position of Chef, h1b chef, h1b specialty occupation
h1b chef, h1b specialty occupation, h1b associate's degree: Hi, Completion of a bachelor s degree or equivalent is required in order for an employer in the U.S. to file an H1B petition. In addition, the position must be a specialty occupation, and the position of Chef in most cases is not considered to be a specialty...

Immigration Issues: H1B Stamping in Canada, kolkata india, visa stamp
kolkata india, visa stamp, h1b visa: Hi, Although the general advice is to apply in your home country, I do not see any disadvantage of applying in Canada due to your earning a U.S. degree. Thus, the choice is yours. Since you have to go to India anyway, and there is limited vacation time...

Immigration Issues: H1B transfer limitations, h1b transfer, h1b extension
h1b transfer, h1b extension, h1b transfer visa cap: Hi, There is no minimum amount of time to be required with Employer A before Employer B can file an H1B petition. Employer B can file an H1B petition without the permission or knowledge of Employer A. There is also no limit to the number of employers that...

Immigration Issues: H1B transfer query, i129 petition for a nonimmigrant worker, h1 transfer
i129 petition for a nonimmigrant worker, h1 transfer, mail notice: The online system will not indicate whether extension of status has been granted or not, unfortunately. There is no choice but to wait for the written approval notice from the USCIS, which the employer and the attorney who prepared the H1B petition will receive...

Immigration Issues: H1B and travel with advance parole, h1b traveling, h1b advance parole
h1b traveling, h1b advance parole, i-485 advance parole: You are not required to apply for advance parole (AP) document or EAD (employment authorization document) when filing the adjustment of status (I-485) application. If you wish, you can travel (if applicable) and enter the U.S. on unexpired H1B visa stamp without...

Immigration Issues: H1B visa denial at the Consulate, h1b denial, h1b visa stamping denial
h1b denial, h1b visa stamping denial, h1b 221g denial at consulate: Hi, It is not illegal for an H1B employer to subcontract an employee. However, as a practical matter, the H1B visa stamping process for I.T. professionals working at client sites (esp. when the client of the H1B employer is not a direct client) has been...

Immigration Issues: H4 while pregnant, h4 pregnancy, h4 pregnant
h4 pregnancy, h4 pregnant, h4 dependent: Hi, As the dependent of the H1B principal, your wife is eligible to apply for H4 status irrespective of her pregnancy status. There will be no problem at the Consulate. Moreover, unlike student (F visa) or visitor (B visa) status, H visa status allows...

Immigration Issues: illegal status of spouse, surrey bc, illegal status
surrey bc, illegal status, canadian police: Dear Erin, Sorry to hear about your situation. We suggest you to contact a lawyer for further advice. You are feel free to contact our office, if you residing in Surrey BC at the following address: 101-9386-120 St. Surrey BC V3V4B9 Unfortunately,...

Immigration Issues: immigration, immigration lawyer, immigration history
immigration lawyer, immigration history, criminal convictions: Dear Sandy, 1. You should hire an immigration lawyer to look into filing a bond redetermination for your husband. I am not sure if this was already done at the last hearing, but if it was not, you should do it right away. 2. You should be advised that...

Immigration Issues: Immigration to Canada, canada immigration roxanne jessome skilled worker visa
canada immigration roxanne jessome skilled worker visa: Hello Jennifer, Thank you for your question. Canada has many programs where potential immigrants may qualify to apply to become a permanent resident of Canada. I would suggest you review the various programs at the Citizenship and Immigration Canada website...

Immigration Issues: L1A/Green Card and Marrige, l2 marriage, l2 adjustment of status
l2 marriage, l2 adjustment of status, spouse included in green card: Hi, It appears that your girlfriend does not have a visitor or other visa to enter the U.S. Thus, you should marry your girlfriend outside the U.S. (as you cannot directly sponsor a fiancee unless you are a U.S. citizen) and then your wife will apply...

Immigration Issues: L1B/L2 immigration Issues, l1b extension, l2
l1b extension, l2, l1b to l2: Hi, If your wife files for L2 now, after her current I-94 has already expired, she will be granted change of status by the USCIS to L2 status only if the L1 extension is approved first. The alternative is to depart the U.S. and obtain L2 visa stamp at...

Immigration Issues: Leave letter for L2 visa, l2 leave letter, l2 employment
l2 leave letter, l2 employment, l2 visa stamping: Hi, The Consulate can ask for any document in connection with visa issuance, including an employment letter or leave letter. However, L2 visa eligibility is based on whether your sposue is maintaining his L1 status, and whether you are currently employed...

Immigration Issues: lengthy green card process, family preference, preference category
family preference, preference category, employer sponsorship: Hi, A parent must be a U.S. citizen to sponsor a married child. This will be the 3rd family preference category: www.h1b1.com/sponsor.htm and there is a wait of many years in this category for the priority date to be current: www.h1b1.com/visawaiting.htm...

Immigration Issues: Marriage to U.S. citizen and sponsorship, marriage to u.s. citizen, i-130 marriage
marriage to u.s. citizen, i-130 marriage, marriage sponsrship: Hi, I am assuming that one of the partners to the marriage is a U.S. citizen. The marriage and sponsorship including adjustment of status can be completed within the U.S. It is generally recommended to wait at least 60 days after entry to the U.S. prior...

Immigration Issues: n 400, court paperwork, quastion
court paperwork, quastion, n 400: Dear Michal, Question 17 and 18 I am not sure what your answers would be because you did not tell me whether you were convicted of any crime. I also do not have your court record so I do not want to give you the wrong answers. You should look into your...

Immigration Issues: naturalization guidelines, n400, naturalization trips outside U.S.
n400, naturalization trips outside U.S., citizenship trips abroad: Hi, For the 5 year window immediately preceding the filing of the naturalization application (3 year window if green card is based on marriage to a U.S. citizen), the applicant must be physically present in the U.S. more than 50% of the time and, in addition,...

Immigration Issues: prevailing wage for a physical therapist., prevailing wage determination, therapist question
prevailing wage determination, therapist question, fee proposals: There are no supporting documents on the Form 9141, which is filed electronically. However, if the job description completed on the Form 9141 specifically requires a visa screen certificate, then it should not be filed until the sponsored candidate possesses...

Immigration Issues: Processing Time, canada immigration roxanne jessome skilled worker visa
canada immigration roxanne jessome skilled worker visa: Hi Faisal, Thank you for your question. The information about the backlog is true. London is a very busy visa office. However, if you decide to apply again you do not have to withdraw the previous file until you receive a final decision on one of the...

Immigration Issues: Simultaneous Green Card Applications, green card applications, green card application
green card applications, green card application, prevailing wages: ABC would need to show that it can pay the offered salary, irrespective of current employment status with the company. A good rule of thumb is that the net profit is at least equivalent to the annual salary offered for the full-time position. However, larger...

Immigration Issues: sponser spouse, immigration canada visa roxanne jessome landing permanent resident visa
immigration canada visa roxanne jessome landing permanent resident visa: Hi Randeep, You can apply to sponsor him now and when the file is transferred to Dehli, your husband will be asked to sign a voluntary relinquishment of permanent residency in order to process the new PR application. They may question his readiness to...

Immigration Issues: Spousal Sponsorship:permanent residence fee $490, spousal sponsorship canada immigration roxanne jessome skilled worker visa
spousal sponsorship canada immigration roxanne jessome skilled worker visa: Hi Bassanio, Thank you for your question. Well first of all, you paid the wrong amount. For spousal sponsorships the fee is $75 (application to sponsor) + $475 (application for PR) = $550. They will send the application back to you and ask you to correct...

Immigration Issues: Spouse Visa Question F2 vs H4, spouse visa question, visa stamp
spouse visa question, visa stamp, h4 visa: Once your wife has entered the U.S. in F2 visa status, an application to change her status from F2 to H4 status should be filed with the USCIS no later than April 04, 2012. She will be able to remain legally in the U.S., and will automatically be in H4 status...

Immigration Issues: Super Visa, join canada roxanne jessome immigration visa cic citizenship
join canada roxanne jessome immigration visa cic citizenship: Hi Bassanio, Citizenship and Immigration Canada has announced that the new super visa will be available on December 1, 2011. That is also the date when they will release any new application forms and instructions. We are all waiting to see what they contain...

Immigration Issues: I-485 and presence in the U.S., adjustment of status filing, i-485 filing
adjustment of status filing, i-485 filing: Hi, The foolproof method of determining that an adjustment of status (AOS) application has been properly filed is to either wait for receipt notice to be issued by regular mail by the USCIS to the address stated on the adjustment of status application,...

Immigration Issues: I-751 self-petitioner, abusive relationship, green card
abusive relationship, green card, police report: Dear Karina, If you got a 2 year green card from the abusive relationship, then you file the I-751. If you did not get a green card yet from the abusive relationship, you would file I-360. You stated that you have a green card and is filing to remove...

Immigration Issues: I-864 and Unemployment, individual health insurance, affidavit of support
individual health insurance, affidavit of support, collecting unemployment: Dear Em: As per information provided, I don t think you would be held responsible to support as long as you yourself are on unemployment benefits. And, you may also seek and/or request the USCIS to withdraw your affidavit of support (I-864) based on changed...

Immigration Issues: affidavit of birth, canada immigration roxanne jessome skilled worker visa
canada immigration roxanne jessome skilled worker visa: Dear B. Broke, Thank you for your question. It s possible that this affidavit would be acceptable but I cannot say for sure. Islamabad accepts Secondary School Certificates (Matriculation) in lieu of birth certificates. Also Higher Secondary School Certificates...

Immigration Issues: b2 vistior visa, h4 visa, b2 visa
h4 visa, b2 visa, tourist visa: Hello Ma am, Your question is what are my chances. The answer is you always have a chance for tourist visa if you shoulw the Embassy that you intend to enter the US as a tourist. Do you? I don t think you do, so you may have to explain to the Embassy...

Immigration Issues: Changing jobs after I-140, person changes, changing jobs
person changes, changing jobs, old job: If Co. B s PERM is certified, when the new I-140 is filed with the USCIS it will be filed with a copy of the earlier I-140 approval notice (with PD of May 2010) and request that the new I-140 approval through Co. B have the PD of May 2010. Only when the new...

Immigration Issues: Changing jobs after green card, changing jobs after green card, changing employers after i-485 approval
changing jobs after green card, changing employers after i-485 approval: Hi, As Company C responded to the RFE prior to approval of your adjustment of status application which resulted in a green card, your intention should be to work for Co. C on a permanent basis. However, this is only an intention, not a contract. Thus,...

Immigration Issues: Clarification needed for spousal sponsorship application, spousal sponsorship canada immigration roxanne jessome skilled worker visa
spousal sponsorship canada immigration roxanne jessome skilled worker visa: Hi Charlotte, Thank you for your question(s). I ll answer them in numerical order like you presented them. 1. Since you and your husband do not plan to settle in Quebec, the CSQ is not required. If you filled out the form online you should have noticed...

Immigration Issues: concurrent visa: can it stand alone, concurrent h1b filing
concurrent h1b filing: Hi, Yes, the concurrent H1B petition approval through employer B will allow you to continue to maintain your H1B status until expiration in 2013. You can legally work for employer B. Additional information is here: www.h1b1.com/concurrent.htm You will...

Immigration Issues: Is consular processing possible if I-485/AOS denied?, worst case scenario, status period
worst case scenario, status period, h1 transfer: Sir, If you have a lawyer I would say you should direct these questions at him. That s why you hired him. I hesitate to give much advise because I don t want my advise to conflict with his or her advice and create more confusion. What I can tell you...

Immigration Issues: Date H1B revocation takes effect --more, h1b revocation, h1b withdrawal
h1b revocation, h1b withdrawal, change of status: Hi, The USCIS does not have a regulation on every point in immigration law. However, I stand by my assertion that status is maintained until the point of revocation. For example: if the H1B employer revokes the H1B petition on the basis that employment...

Immigration Issues: Employment/Work experience Certificate for Canada Immigration, canada immigration roxanne jessome skilled worker visa
canada immigration roxanne jessome skilled worker visa: Dear Rajesh, A company is not required to have a website or even a fax to be a real company that does legitimate business. Many companies in Canada use a residential address for business registration so no, this will not cause a problem. Yes, CIC does...

Immigration Issues: L1 Individual Visa held with Embassy, visa interview, functional manager
Immigration Issues: L1 Individual Visa held with Embassy, visa interview, functional manager, reply

Immigration Issues: F1 expired, On OPT, want to call wife on F2, H4, visa b1, full time job
visa b1, full time job, f1 visa: Hi Ram: Your query seem very haphazard; I do not understand what is it that you want to know. Anyways, I will try to answer to the best of my ability: 1) It is their discretion, but you always have right to appeal. 2) You may not be working full time...

Immigration Issues: F1 to green card, f2 to green card, f2 adjustment of status
f2 to green card, f2 adjustment of status: Hi, Although F visa status (unlike H1B or H4 visa status) does not allow for intention to immigrate to the U.S., there is no problem with your wife filing for her adjustment of status application along with you when your priority date becomes current. ...

Immigration Issues: F1 to H4 or F1 THEN H1, h1b visa cap, f1 to h1b
h1b visa cap, f1 to h1b, h4 to h1b: Hi, If your employer files an H1B petition no more than 60 days after OPT expiration (there is a 60 day grace period in F1 status) on Feb. 16, 2012, then you can remain legally in the U.S. in the interim and start working for the sponsoring employer on...

Immigration Issues: F1 visa change to tourist visa, ajay singh, usa f1
ajay singh, usa f1, tourist visa: Hi Nestor Pena: Firstly, sorry for the late response; anyways, getting a COS from a non-immigrant to visitors(B1B2) visa is not easy and/or advisable with certain exceptions. However, there are no hard and fast rules - you need to prove your intent though...

Immigration Issues: fraud or not, rebecca ford, better business bureau
rebecca ford, better business bureau, recruitment agent: Thanks for your inquiry. The best way is either to contact the better business bureau in that Province or look up for the lawyer under Provincial Law Society web page and directly contact with lawyer. Legal fee(s) are varies from Province to Province in...

Immigration Issues: GC when changed from H4-F1, visa status, newburgh ny
visa status, newburgh ny, security check: Dear Swathi: On your first concern, I-485 processing could take anywhere between 4-6 months - if the PD remains current and the security check is completed w/o delay; and secondly, the COS from H4 to F1 would, in my opinion, not have any bearing on the processing...

Immigration Issues: H1 stamping denied-apply for H4, h4 to h1b, latest action by uscis
h4 to h1b, latest action by uscis: Hi, Since you are on H1B status, the Consulate will expect your husband to carry with him copy of your recent pay stubs (even a couple of recent paystubs are fine since your H1B petition has only been recently approved). If your husband enters the U.S....

Immigration Issues: H1 Visa stamping query, visa petition, sick parents
visa petition, sick parents, non immigrant visa: Dear Sadeesh: Firstly, when you say valid until 2012 - I don t understand why only 2 years when H1B is for 3 years [initially] and then renewal of further 3 years. As for your concerns: 1) If you have proper documentations regarding delay in stamping...

Immigration Issues: H1b cap exemption clarification, clarification question, visa cap
clarification question, visa cap, exemption category: Hi, There is no official rule. It is only in our experience that the USCIS will accept H1B petition within the visa cap when filed with copy of previous H1B approval notice as long as the previous H1B approval notice was issued within the past six years....

Immigration Issues: H1b cap exemption clarification, h1b status, h1b visa
h1b status, h1b visa, risk company: Dear Manoj, I believe your H1b is not subject to the cap because you were previously approved of an H1b status within the last 6 years. However, because you never used the visa there is a question whether it can exempt the quota. My understanding is that...

Immigration Issues: H1B to L2, h1b to l2, l2 ead
h1b to l2, l2 ead: Hi, If your husband was granted change of status to H1B effective Oct. 2011, he will be unable to change status to L2 unless he provides evidence that he is currently maintaining his H1B status. This is shown through recent pay stubs from the H1B employer....

Immigration Issues: H1B petition employment start date, h1b employment start date, h1b visa cap employment
h1b employment start date, h1b visa cap employment, b2 to h1b: Hi, You can continue to remain legally in the U.S. even if your I-94 expires since the H1B petition was filed and accepted within the visa cap prior to expiration of your I-94. As you can hold only one status at a time in the U.S., you will automatically...

Immigration Issues: H1B renewal if I-140/I-485 filed?, I-140/I-485, i-140 and i-485 concurrent filing
I-140/I-485, i-140 and i-485 concurrent filing, maintaining h1b status while i-485 pending: Hi, If priority date is current (see www.h1b1.com/visawaiting.htm ) and I-485 can be filed based either with concurrent I-140 filing or after I-140 approval, EAD (employment authorization application) can also be filed alongside the I-485. EAD application...

Immigration Issues: H1B transfer, h1b transfer, h1b visa cap
h1b transfer, h1b visa cap, h1b cap exempt to h1b cap subject employment: Hi, You will be subject to the visa cap based on the scenario provided in your email. As you are no longer in F1 (OPT) status, you will not benefit from the cap gap. Being subject to the visa cap, the earliest employment start date that can be noted...

Immigration Issues: H1B transfer Approved without I-94, I-290B filed, home country india, optional practical training
home country india, optional practical training, pay stubs: It is a good idea to submit at least a couple of very recent pay stubs from Co. A when Co. C files for you. Hopefully the USCIS will not ask about your employment status from Aug. to Dec. If the USCIS asks this specific question prior to approving H1B petition...

Immigration Issues: H1b visa approval for only 1 year, h1b 6 years, h1b six year
h1b 6 years, h1b six year, h1b approval six years: Hi, Either the employer asked only for one year instead of 3 years, or the employer did not provide evidence that it is capable of employing you for three years (for example, that there is an I.T. project that is one year in duration to which you have been...

Immigration Issues: HI visa and COS, h1 cos, h1 change of status
h1 cos, h1 change of status, 3 and 10 year bar to entry: Hi, Both F and B visa categories do not allow for intention to immigrate to the U.S. Thus, the application to change status to B1 to B2 visa category will probably be denied due to the I-140 filing. Incidentally, there is no 180 day grace period. It is...

Immigration Issues: Immigration to Manitoba, Canada, new delhi office, manitoba immigration
new delhi office, manitoba immigration, immigration section: Happy New Year. The processing time(s) for PNP application(s) varies from Province to Province. Once the nominee certificate (an average it takes around 12-14 weeks) being issue by the Province, it s up to the the Canadian Consulate or High Commission out...

Immigration Issues: Immigration to Quebec, canada immigration roxanne jessome skilled worker visa
canada immigration roxanne jessome skilled worker visa: Hi Alex, Thank you for your question. The Quebec Immigration website states: Applications that will be given priority are those submitted by skilled workers who have obtained a diploma in one of the fields in the 2009 List of Preferred Areas of Training...

Immigration Issues: immigration to Quebec from Damascus, roxanne jessome immigration canada sponsorship visa
roxanne jessome immigration canada sponsorship visa: Dear Tammam, Thank you for your question. In the event the Canadian government feels that it is unsafe for their staff in Damascus and decides to close the embassy, files will be forwarded to another embassy and processing will continue. So yes, applicants...

Immigration Issues: Job change after filling I-485, ac21 letter, ac21 employment
ac21 letter, ac21 employment, same or similar occupation: Hi, I am assuming that your I-485 (adjustment of status application) filing was based on I-140 (petition for immigrant worker) approval. Your I-485 can be approved if you change employers only if the new job is in the same or similar occupation. It is...

Immigration Issues: L-1B Blanket petition, visa officer, u s company
visa officer, u s company, parent company: Hi, Yes, it is perfectly OK to work for the parent company in the U.S. Any type of relationship between the U.S. company and the foreign company is acceptable: www.h1b1.com/L1visa.htm In fact, it is a stronger case to work for the parent company (or...

Immigration Issues: L1 Individual Visa held with Embassy, employer employee relationship, visa interview
employer employee relationship, visa interview, visa application: Dear Amit, It is what it is, the officer needs more time to look at your visa application because it is not clearly approvable. It doesn t mean your visa will be rejected. I don t have any information regarding your job position but I know that you will...

Immigration Issues: L1 to L2 transfer, indian consultant, salary level
indian consultant, salary level, prestigious client: Dear Meghana, You can always change status from L2 to L1b if you are hired by a company and you are considered to have specialized knowledge regarding proprietary programs or products information. You are asking about complexity. I cannot analyze that...

Immigration Issues: L1B-Blanket Rejected, l1b visa, visa officer
l1b visa, visa officer, visa stamp: Hi, If the letter from the Consulate does not indicate any additional documents requested by the Consulate, then you can assume that the final decision is a denial of the L1B visa. If you apply in the future for a visa stamp, you will have to answer yes...

Immigration Issues: L2 to H4, l2 to h4
l2 to h4: Hi, Your family will have no problem in entering the U.S. on L2 visa status, unless your H1B petition is approved by the USCIS granting you change of status to H1B prior to your family s entry to the U.S. Upon entry to the U.S., your family should file...

Immigration Issues: L2 to Visitor Visa, l2 to visitor, l2 to b2
l2 to visitor, l2 to b2: Hi, You can file an application with the USCIS for a visitor visa requesting change of status from L2 to B2. Since this status is independent of your husband s, the application to change your status to visitor is approvable. The visitor status is for a...

Immigration Issues: Priority date current - apply for GC later?, priority date, priority date current
priority date, priority date current, visa cutoff dates visa bulletin: Hi, There is no deadline for filing an I-485 application when the priority date is current. Thus, the I-485 can be filed later, as long as the sponsoring company continues to offer you employment upon I-485 approval, and as long as the priority date is...

Immigration Issues: Priority Date Current - Expected time for GC, priority date current, i-485 filing concurrently
priority date current, i-485 filing concurrently: Hi Swathi, It typically takes about 6 months for I-485 to be approved if filed now due to priority date being current, assuming that the priority date continues to be current for the next few months as well. As you are legally in the U.S. in F1 status,...

Immigration Issues: Query regarding my L1B Extension, consular processing, uscis
consular processing, uscis, l1b visa: Hi, You can depart the U.S. anytime. However, if the L1B petition has not yet been approved at the time of the departure, then it is still approvable, but it will indicate consular processing rather than extension of status. In either event, you will...

Immigration Issues: Remarry ex spouse, first wife, uscis
first wife, uscis, 6 years: Hi, Yes, you can marry your former spouse and sponsor her. The marriage will be given greater scrutiny by the USCIS to make certain that it is a bona fide marriage if the divorce to the USC and the marriage to your new spouse occurred within 5 years of...

Immigration Issues: Sponsoring for brother - Citizenship, u.s. citizen sponsoring brother, f4 sponsorship
u.s. citizen sponsoring brother, f4 sponsorship: Hi, Only a U.S. citizen can sponsor a sibling: www.h1b1.com/sponsor.htm A company can sponsor your brother by filing an H1B petition, but it must be established enough to be able to pay the offered salary, and of course have an address, federal tax identification...

Immigration Issues: Status of spouse at I485, i 485 application, application timeline
i 485 application, application timeline, timeline 2: Dear Anjana: You have not specified the category of PD; I presume you are EB2. Also, I do not understand what do you mean by re-marry . Anyway, as put - if your fiance can-not leave job in India it is advisable to wait for PD to become current and apply...

Immigration Issues: substitute for marriage certificate, immigration canada visa roxanne jessome landing permanent resident visa
immigration canada visa roxanne jessome landing permanent resident visa: Hi Bassanio, Is there any other proof of marriage available? It s not that big of a deal as the husband is dead and she is being sponsored by a child. She is the principal applicant. At most, I imagine that CIC MAY ask for DNA results to prove the relationship....

Immigration Issues: super visa, immigration canada visa roxanne jessome landing permanent resident visa
immigration canada visa roxanne jessome landing permanent resident visa: Hi Bassanio, Thank you for your question. There is also the difference of having to meet the Minimum Income Threshold to qualify for a Super Visa. http://www.cic.gc.ca/english/information/applications/guides/5256E8.asp Sincerely, Roxanne Jessome,...

Immigration Issues: UCI, join canada roxanne jessome immigration visa cic citizenship
join canada roxanne jessome immigration visa cic citizenship: Hi Suwali, The UCI does not appear on the visa. However, if the visa office gave you a letter when you were issued the visa, it will have your UCI (Unique Client ID) on it. If you can t find it, you can still apply. CIC has the number. Sincerely,...

Immigration Issues: Work full time and study with I-485 pending?, study with i-485 pending, work with i-485 pending
study with i-485 pending, work with i-485 pending, staying legally in U.S. I-485 pending: Hi, Since your I-485 has been filed based on your priority date being current: www.h1b1.com/visawaiting.htm you are not required to be a full-time student. You can also work based on EAD and travel outside the U.S. if you wish if you obtained advance parole...

Immigration Issues: Work Permit in Canada, work permit in canada, recruitment efforts
work permit in canada, recruitment efforts, vancouver area: Hi Meghana, Thanks again for your inquiry. Actually, it all depends on number of factors e.g: Employer location, type of work, recruitment efforts by employer to recruit Canadians etc. and I doubt it can be done in one month. I work from BC and after establishing...

Immigration Issues: 245i Marriage to US Citizen, 245i, marriage US citizen
245i, marriage US citizen, grandfathering 245i: Hello Tatiana, You can do it either way. Let me explain the advantages and disadvantage of each route. 1. Replacing the lost I-94. You have to pay USCIS $330 to replace the I-94. However, because this is a really old I-94 (before 2000), it is likely...

Immigration Issues: 245i - Marriage to US Citizen, 245i, marriage to u.s. citizen
245i, marriage to u.s. citizen, i130: Hi, As you are grandfathered under sec. 245(i), it is OK if you cannot prove legal entry to the U.S. Your U.S. citizen spouse can file all sponsorship paperwork concurrently with the USCIS: www.h1b1.com/Uscitizen.htm You also have the option of obtaining...

Immigration Issues: 30/60/90 Rule and 245(i), immigrant intent, I-485
immigrant intent, I-485, visa waiver adjustment: You should wait 60 days. The issue is not 245i but preconceived intent. If you file your I-485 too early USCIS may say that you intended to adjust status by entering as VWP, which is not allowed. You should give me a call to discuss what you should say...

Immigration Issues: Academic H1B - Industry H1B Transfer, h1b, visa cap
h1b, visa cap, visa quota: Hi, Yes, your assumptions are correct. Since your current H1B was filed by a visa cap-exempt institution, you will be subject to the visa cap through the company filing an H1B petition for you. This petition through the new employer can be filed no earlier...

Immigration Issues: Applying for H1B while in India, uscis gov, l1b visa
uscis gov, l1b visa, visa stamp: Hi, There is no time restriction in applying for visa stamping. Of course, if you decide to apply for H1B visa stamp at the Consulate it must be prior to expiration of validity date noted on H1B approval notice, Form I797, that is issued by the USCIS ...

Immigration Issues: Blanket L1 - A kept pending, l1b visa, visa cap
l1b visa, visa cap, visa category: Hi, It appears that you will not truly a manager or executive in the U.S., and client placement in the U.S. (whether in L1A or L1B) visa category is frowned upon by the Consulate. I recommend that your employer file an H1B petition for you at the beginning...

Immigration Issues: Chronic & disabling health issues and family sponsorship, sponsorship categories, family sponsorship
sponsorship categories, family sponsorship, family preference: Hi, The answer (a very lengthy processing time in the 4th family preference category) is the same whether the petitioner or beneficiary is facing severe health issues. You would be sponsoring for LPR (lawful permanent resident) status through the filing...

Immigration Issues: COS and H1B visa cap quota, h1b, visa cap
h1b, visa cap, visa quota: Hi, The H1B visa cap for fiscal year 2011 has been reached. Thus, the earliest that the H1B petition can now be filed is April 01, 2011 with employment start date of Oct. 01, 2011 for the fiscal year 2012 visa cap. As L1 and H1B status is employer specific,...

Immigration Issues: Converting visit visa to student visa, f1, b2
f1, b2, visitor visa: Hi, As a practical matter, it is difficult to successfully change from visitor to F1 student status within the U.S. The course of study as noted on the Form I-20 issued by the university must have semester start dates no later than the I-94 expiration....

Immigration Issues: expired k-3 visa, K3 visa, K3 adjustment
K3 visa, K3 adjustment, green card K-3 visa: Hello Martha, His only change to get a green card is to file a self-petition under VAWA and claim that he was abused by you either physically or mentally. You will not get into any legal trouble if he does that because it is his self-petition and does...

Immigration Issues: F1 to GC, f1, green card
f1, green card, gc: Hi, As F1 visa status does not allow for intention to immigrate to the U.S., the recommended course of action is F1 to H1B to GC process. H visa status allows for intention to immigrate to the U.S. In addition, unless you have CPT or OPT, you cannot...

Immigration Issues: F2 To H1B : US Visa Change Process, h1b, f2
h1b, f2, change of status: Hi, Your wife is dependent upon her employer filing an H1B petition with the USCIS. If the organization is cap-exempt (normally a non-profit must be a research organization, or somehow associated with an institute of higher education in order to be exempt)...

Immigration Issues: Family sponsor file status, department visa bulletin, family preference
department visa bulletin, family preference, preference category: Hi, This depends on your country of chargeability as well as the family preference category and priority date. The following page from our website is helpful: www.h1b1.com/sponsor.htm and there is a link for the state department visa bulletin as well...

Immigration Issues: Form DS117, green card abandonment, tourist visa after green card abandonment
green card abandonment, tourist visa after green card abandonment, immigrant intent: Hello Hira, I think your mother would be able to use the tourist visa to visit the United States if her permanent resident status cannot be reinstated. I would recommend filing for abandonment in the Embassy for the green card first, before re-entering...

Immigration Issues: Applying for H1B while in India, h1b visa, work visa
Immigration Issues: Applying for H1B while in India, h1b visa, work visa, number 1

Immigration Issues: L1B Visa not refused & kept pending under 221(g), petition
Immigration Issues: L1B Visa not refused & kept pending under 221(g), petition

Immigration Issues: H 4 visa, h1b, h4
h1b, h4: Hi, No, he is not required to carry copy of the receipt, but it does not hurt to carry evidence that you are maintaining your H1B status, such as copy of your H1B approval or receipt notices and perhaps your recent pay stubs and copy of the marriage certificate....

Immigration Issues: H1-B Wage Level and RFE, h1b, perm
h1b, perm, labor certification: Hi, H1B reflects your current job, and PERM is permanent, full-time employment in the future. You are maintaining H1B status by being employed as per H1B petition filed by your employer. The employer has the intention to pay the salary stated in PERM...

Immigration Issues: H1 and F1 related, h1b, h4
h1b, h4, i-140: I assume that your husband s I-140 has been approved but his I-485 has not yet been filed. Thus, it is important for him to maintain H1B status. This can be done only if his employer pays the agreed upon salary. Unpaid leave is not an option in maintaining...

Immigration Issues: H1B along with F2 - Some Questions, f1 visa, valid visas
f1 visa, valid visas, visa stamp: Hi, Since her F2 was not canceled by the Consulate, she can enter on F2 visa status by showing F2 visa at port-of-entry and showing I-20 and requesting I-94 for F2. Her visa status upon entry made this will be F2. She can remain in the U.S. until expiration...

Immigration Issues: H1B Extension -RFE- Can I transfer H1B, h1b, h1b transfer
h1b, h1b transfer, extension of status: Hi, Yes, another company can file H1B petition for you while your RFE response is pending with the USCIS. If H1B transfer petition is approved while the RFE response is pending, it is extremely unlikely that the USCIS will also grant extension of status....

Immigration Issues: H1B and not joining employer, h1b
h1b: Hi, Co. B can file H1B petition for you. Upon approval by the USCIS, you should apply for new H1B visa stamp from the U.S. Consulate in the name of Co. B. You cannot travel to the U.S. on your current H1B visa stamp unless the purpose of your entry will...

Immigration Issues: H1B while overseas, h1b, l1
h1b, l1, l1b: Hi, You can come back to the U.S. on existing H1B visa if the purpose of your entry will be to work in H1B status for the sponsoring company. If you apply for a business visa at a U.S. Consulate, in most cases the Consulate will cancel any other existing...

Immigration Issues: H1B while Reinstating F1, h1b
h1b: Hi, For reinstatement, please see the DSO (also known as international student advisor) at your university. H1B petition can be filed by your employer anytime requesting change of status from F1 to H1B. Copy of I-94 is required, not original. If the...

Immigration Issues: H1B visa processing and travel, h1b, i94
h1b, i94: Hi, If you travel outside the U.S. while H1B petition is being adjudicated by the USCIS, the petition is still approvable but you will not be granted change or extension of status within the U.S. Thus, you will need to apply for H1B visa stamp (normally...

Immigration Issues: Starting LLC/LLP or company on H1B, h1b
h1b: Hi, You can be a passive investor in a company, but being actively involved in day to day management of the company is likely to be considered employment and is in violation of H1B status unless the company has successfully filed an H1B petition for you....

Immigration Issues: husband overstayed vwp due to immigration lawyer lying about dates of filing aos!help what to do!, visa waiver overstay, denial
visa waiver overstay, denial, marriage case: Eileen Chun-Fruto, Los Angeles immigration lawyer writes: Dear Jessica, I m sorry to hear about the scenario involving your husband s immigration case. It is true that in some jurisdictions in the US, the USCIS has issued rulings (and it s been affirmed)...

Immigration Issues: Impact of relocation on GC process, lca, h1b
lca, h1b, new advertising: Hi, Since the new location of your worksite is within the MSA, a new LCA is not required to be filed with the Department of Labor. The employer, however, should post the already certified LCA in the new location. The LCA is connected with H1B only. There...

Immigration Issues: immigration issue, J-1 waiver, Section 212(e)
J-1 waiver, Section 212(e), 2 year residency waiver: Hello Milla, Your husband must be able to attend the interview with you in USCIS in order to have your green card application approved. The interview will be scheduled roughly 5 months after submitting the paperwork. You also have to bring paperwork into...

Immigration Issues: K-3 Visa question....., visa request, travel visa
visa request, travel visa, living in china: Hey Biran, 1. If your brother agrees to sponsor you, it is okay that you do not have a job in the USA while we file for the visa. The visa will be approved based on your brother s joint sponsorship. 2. You must start the visa process in the US, but...

Immigration Issues: K3 PROCESSING TIME, k3, k3 visa
k3, k3 visa, i130: Hi, If the K3 process is started with the USCIS but both I-129F and I-130 are approved, the National Visa Center (NVC) will automatically process for an immigrant visa and thus the immmigrant spouse will enter the U.S. on an immmigrant visa (green card)...

Immigration Issues: L1 to H1, visa cap, reply thanks
visa cap, reply thanks, approval notice: In our experience if the new H1B employer attaches copy of previous H1B approval notice (even though the beneficiary did not hold H1B status earlier) the USCIS will exempt the new H1B from the visa cap. The USCIS has not directly addressed this issue...again,...

Immigration Issues: L1 to H1B post visa cap over situation, h1b, visa cap
h1b, visa cap, visa quota: Hi, The straightforward option you have described in your email is best. Even if Co. B files H1B petition for you through premium processing, the start date noted on the H1B approval notice issued by the USCIS cannot be earlier than Oct. 01 2011, which...

Immigration Issues: L1B rejected 221(g), Not Clearly Approvable, uscis gov, visa cap
uscis gov, visa cap, visa stamp: Hi, I recommend working for at least one year on a proprietary technology developed by the company before another L1B petition is filed by your employer with the USCIS, and even then it is far from certain that the Consulate will issue you L1B visa stamp....

Immigration Issues: L1B Visa not refused & kept pending under 221(g), l1b visa, b1 visa
l1b visa, b1 visa, visa cap: Hi, I stand by my earlier assessment, but there is no harm in the company filing L1 individual petition. If the USCIS approves it, but the Consulate again refuses to issue L1 visa stamp, there is no disadvantage because of denial, as H1B can still be filed...

Immigration Issues: L2 visa holder travel, l2
l2: Hi, Yes, you can travel alone on unexpired L2 visa stamp in your passport to join your L1 spouse. Although not required, I recommend that you carry with you copy of your spouse s L1 approval notice (Form I-797) from the USCIS, copy of spouse s recent pay...

Immigration Issues: Marriage during OPT ( application of GC), employment authorization document, indian citizen
employment authorization document, indian citizen, advance parole: Your parents can sign an affidavit and it should be notarized (signed in front of a notary public). However, I recommend that two affidavits also be obtained for other persons older than you who knew your parents and are knowledgeable about your date and...

Immigration Issues: Marriage on vwp, VWP marriage, adjustment of status VWP
VWP marriage, adjustment of status VWP, ESTA visa marriage: Hey Stefan, You can apply for adjustment of status (green card) after entering on VWP. Or, you can fly back to the UK to wait for your immigrant visa. To stay in the US on VWP, you must get married after waiting 60 days after arrival. After getting...

Immigration Issues: Marrieage during VWP, marriage green card, vwp marriage
marriage green card, vwp marriage, vwp green card: Hello Erika, You can stay and apply for adjustment of status (permanent resident, also known as a green card) without leaving. You don t have to go back to Europe after the 90 days has expired. If you stay to complete your green card application, it takes...

Immigration Issues: marriage, marriage green, tourist visa marriage
marriage green, tourist visa marriage, adjustment of status: Because she entered the US legally, she can stay and finish her green card application here in the United States. I have many clients in her situation and I have gotten them approved with local USCIS office. Takes about 5 to 6 months to get the green card...

Immigration Issues: Naturalization, n400, naturalization
n400, naturalization: Hi, Unfortunately, you must renew your green card even if the naturalization application is filed prior to expiration of your green card in March 2011. At the time of the naturalization interview you will be expected to provide unexpired green card...

Immigration Issues: name change, canadian documents, canadian citizen
canadian documents, canadian citizen, marriage certificate: Hi, The marriage certificate (which normally states both the maiden name and the new surname) in combination with her existing documents will allow your wife to establish her identity in case there is any doubt. There is no requirement for her to amend...

Immigration Issues: Re-entering the US as a permanent resident, k1, advance parole
k1, advance parole, adjustment of status: Hi, After the wedding, performed no more than 90 days after entry to the U.S. on fiance visa, the adjustment of status application is filed. The advance parole document application should be filed along with the along with the adjustment of status application....

Immigration Issues: Real Estate - Employment Law, b1, business visitor
b1, business visitor: Hi, As Canadian citizens, entry can be made without a visa: http://travel.state.gov/visa/temp/without/without_1260.html#2 All activities that would normally be allowed in B1 (business visitor) category is allowed, such as (1) Engage in commercial transactions,...

Immigration Issues: Recently acquired Green Card, reentry permit, greencard
reentry permit, greencard, leaving US: Eileen Chun-Fruto, Los Angeles immigration lawyer writes: Dear T K, Nice of you to inquire regarding your friend s scenario. Please also be advised that though I am an attorney, I am not your nor your friend s attorney and that in online Q&A websites...

Immigration Issues: Can re-enter on same I-94 (L1B), l1b
l1b: Hi, As a Canadian citizen, you should be able to enter the U.S. by showing either L1B approval notice (Form I-797) or L1B visa stamp in your passport at port-of-entry, since you will be working for the L1B petitioning company (I assume that the North Carolina...

Immigration Issues: student visa, change of status, tourist to student
change of status, tourist to student, study in the US: It is possible to change your status from tourist visa to student. You are required to file the change of status before your I-94 expires, but after 60 days of entry. You will not be able to change status if you entered on the visa waiver, even though you...

Immigration Issues: termination while on O-1 visa, O1, o1 visa
O1, o1 visa: Hi, Yes, you can reuse copy of the same experience letters, esp. as the USCIS does not require original documents. If you choose to resign, there is no employer liability for return transportation. However, if you are dismissed from employment (involuntarily...

Immigration Issues: US tourist visa or H4 visa for wife, h1b, h4
h1b, h4, change of status: Hi, There is no H4 application to be filed with the USCIS as your wife is not currently in the U.S. She should apply directly for H4 visa stamp at the nearest U.S. Consulate once she receives her passport. You are not required to apply for your H1B extension...

Immigration Issues: My trouble J1 visa......., J-1 Waiver, 2 year residency
J-1 Waiver, 2 year residency, Section 212(e): 1. I have some job opportunities after the current program I m in, is it possible for me to get an H visa? No, because you are subject to the 2 year residency rule. No change of status if you are subject to Section 212(e). 2. If I want to change to...

Immigration Issues: Visa, investor visa, H-1B
investor visa, H-1B, self-sponsored: Eileen Chun-Fruto, Los Angeles immigration attorney writes: Dear Sandeep, Glad to hear that you are innovating!! Unfortunately, if the investment funds are not your own, but from venture capitalists, then you would be eligible for the E-2 investor s...

Immigration Issues: Visa and EAD renewal, l2 visa, renewal petition
l2 visa, renewal petition, receipt number: The I-539 will have a different receipt number than the I-129 as it is technically a different application even though submitted concurrently in many cases with the I-129. Also note that you signed the I-539, and your husband s employer signed the I-129. We...

Immigration Issues: visa waiver program, visa waiver program, vwp
visa waiver program, vwp: Hi, Entry on visa waiver program does not allow for extension of status or change of status within the U.S. Thus, you cannot remain legally in the U.S. beyond the 90 days generally allowed in entry through visa waiver porgram. The following page from the...

Immigration Issues: I-130 and priority dates, i130, priority date
i130, priority date, i485: The date stated on the state department visa bulletin http://travel.state.gov/visa/bulletin/bulletin_1360.html for the particular employment or family preference category must be prior to the priority date noted on the I-130 petition approval notice in order...

Immigration Issues: 221g-Blue slip for L1-Blanket, L-1A blanket
L-1A blanket: Hello, Sounds like the Embassy doesn t believe your L-1 visa should be issued because it is not clearly approvable. Your L-1 visa is a special kind called the blanket L-1 . This visa is used for large companies who sponsors many (20+) L-1A/B at once...

Immigration Issues: 245(i), green card application, affidavit of support
green card application, affidavit of support, finger prints: Hello Roger, **Summarily deported means fingerprints taken and sent back to Mexico** Because you came back after you were summarily deported, you were barred 5 years from entering the United States. However, you entered the day after, which is a serious...

Immigration Issues: i-485 adding spouse, i485, adjustment of status
i485, adjustment of status, priority date: Hi, Yes, if you marry prior to your I-485 approval your spouse will be included in your green card application, and your spouse will be able to file I-485 if in the U.S. and priority date is current, or if outside the U.S. your spouse can obtain immigrant...

Immigration Issues: Apply for L2 visa while 221(g) pending for H1B stamp?, us consulate in mumbai, visa stamp
us consulate in mumbai, visa stamp, h1 b visa: Hi, I recommend contacting the Consulate to request withdrawal of the application for H1B visa stamping and return of your passport. When you have received your passport, make an appointment with the Consulate for issuance of L2 visa stamp. There will...

Immigration Issues: Canadian PR Cardholder & H1B Visa, h1b, tn
h1b, tn, tn visa: Hi, Yes, you can continue to work on H1B status. There is no T1 status for employment in the U.S. You may be thinking of TN status for Canadian citizens: http://h1b1.com/lctnstatus.htm but in many instances H1B visa status is still preferable to TN visa...

Immigration Issues: Change of Status from F-1 to H-1, perm, perm labor
perm, perm labor, i-140: Hi, You are not eligible for extensions beyond six years, as PERM denial (even if subsequently appealed) does not allow for extension of H1B status beyond six years, unfortunately. As decisions on appeal can easily take 2 or 3 years, your company should...

Immigration Issues: is my case immigration fraud?, immigration fraud, affidavit of support
immigration fraud, affidavit of support, immigration benefits: Hello Frank, It sounds to me that you may be a victim of your ex-wife s fraud. I believe you may sue her for damages, and you should write a letter to Immigration Custom and Enforcement, as well as US Citizenship & Immigration Services to explain about...

Immigration Issues: Divorce and Immigration, R-1 adjustment of status
R-1 adjustment of status: Hello Marci, It depends on who is the primary R-1 visa holder (the person who actually works for the religious organization). If both of you work for the religious organization and both have I-94 that says R-1 and not expired yet, he can stay on his R-1...

Immigration Issues: error on green card, uscis gov, approval notice
uscis gov, approval notice, immigrant visa: Hi, It depends on the error...if it is a simple typographical error (such as a letter of an alphabet that is transposed with another), or use of maiden name rather than legal name, etc. it is OK to travel, but I still recommend that you carry supporting...

Immigration Issues: L2 visa EAD, ead, appointment
Immigration Issues: L2 visa EAD, ead, appointment

Immigration Issues: Married US citizen but do not intend to reside in US, for now, fingerprint cards, mortgage contracts
Immigration Issues: Married US citizen but do not intend to reside in US, for now, fingerprint cards, mortgage contracts, conditional residence

Immigration Issues: f4 petition how to reopen, f4, f2a
f4, f2a, immigrant petition: Hi, As you did not obtain an immigrant visa in 2006, that particular immigrant petition has been invalidated for you. Your wife should file an immigrant petition for you as the spouse of a permanent resident. The immigrant petition filed by your wife...

Immigration Issues: Green Card Filing Question, h1b, i140
h1b, i140, employer sponsor: Hi, In order to extend H1B status beyond six years, your employer must start the green card process through the filing of a PERM application for you (also known as application for labor certification). Certification of PERM by the Department of Labor, and...

Immigration Issues: Green Card Options, card options, green cards
card options, green cards, multinational company: Hi, If you want to maintain your green card, I recommend that you lease or have a mortgage on a home in the U.S., pay all taxes as a resident of the U.S., have a bank account, credit card(s), a couple of utility bills, valid driver s license, etc. and enter...

Immigration Issues: green card W2 or 1099, 1099, w2
1099, w2: Hi, The employer sponsorship process requires an intention of full-time, permanent employment with the sponsoring company. This is not an enforceable contract, but I highly recommend that you be on the payroll of the company as a W-2 employee rather than...

Immigration Issues: H-4 Visa Pending, need F-1, H4 change of status, H4 COS to F1
H4 change of status, H4 COS to F1, student status: Hey Neelma. If school starts in September then you should have enough time to change to F-1 before the school starts. Knowing that your school starts in September, I recommend getting your H4 approval before filing for change of status to F-1. You cannot...

Immigration Issues: H1 Bridge transfer case, h1b, h1b bridge
h1b, h1b bridge, h1b transfer: Hi, Client company can file H1B petition requesting extension of H1B status, and you can be on the payroll of the client if it files prior to RFE response date for current employer. The USCIS does not use the term transfer: www.h1b1.com/concurrent.htm ...

Immigration Issues: H1B Approval notice withdrawn before change of status date. Is it cap counted?, visa cap, approval notice
visa cap, approval notice, petition: Hi, As the petition was revoked prior to effective approval date, you will be subject to the visa cap when an H1B petition is filed for you. The earliest that the H1B petition can be filed is April 01, 2011, and the requested employment start date should...

Immigration Issues: H1B to green card via marriage, marriage to u.s. citizen, i130
marriage to u.s. citizen, i130, i485: Hi, Sponsorship through marriage to a U.S. citizen can be done anytime, and will not interfere with H1B approval. In other words, you are not required to wait until H1B status takes effect before your spouse sponsors you. If you are sponsored through...

Immigration Issues: H1B premium processing, h1b, visa cap
h1b, visa cap, visa quota: Hi, I am assuming that you are not currently in H1B status. As you are subject to the visa cap, your H1B status will take effect on Oct. 01, 2011 even if you obtain H1B approval within a few days of Co. A filing the H1B petition with the USCIS at the...

Immigration Issues: Can H1B be sponserd by Non profit org ?, h1b
h1b: Hi, Your employer has to file an H1B petition with the USCIS requesting change of your status from H4 to H1B. You should possess at least the equivalent of a four-year U.S. bachelor s degree. A general idea of the documents and information required can...

Immigration Issues: H1B visa and credentials evaluation, h1b, credentials evaluation
h1b, credentials evaluation: Hi, You can do a search engine query for companies which provide credentials evaluation equating a foreign degree to the U.S. equivalent. A credentials evaluation is required to be submitted with the H1B petition if the beneficiary does not have a U.S....

Immigration Issues: H4 Change Of Status, h1b, h4
h1b, h4: Hi, As H4 application cannot be filed through premium processing (unless accompanied by H1B petition which is filed through premium processing), I recommend that your wife and children depart the U.S. immediately and then apply for H4 visa stamp at a U.S....

Immigration Issues: H4-H1-H4-H1, h1b, h4
h1b, h4, change of status: You will not be required to provide paystubs from the period when you were in H1B visa status. The H4 application is signed by you. You will only be asked to provide evidence that you are maintaining your current nonimmigrant visa status (H4), as well as...

Immigration Issues: H4 for my spouse, h4
h4: Hi, A letter of the type mentioned in your email may be helpful if an application is made for a visitor visa, but in the case of dependent visa such as H4, L2, etc. no such letter is required or expected by the Consulate irrespective of type of employment...

Immigration Issues: H4 Visa, h1b, l1
h1b, l1, l1b: Hi, When the U.S. Consulate issues you H4 visa stamp in your passport, the Consulate will likely cancel your existing L1B visa stamp. You are not required to be employed by your L1B employer. Your entry to the U.S. will not be problematic as long as...

Immigration Issues: Hold both H1B and L1 together?, h1b visa, visa h1
h1b visa, visa h1, h1 visa: In order to change from L1 to H1B in the future based on his current H1B approval notice, he will need to depart the U.S. and enter the U.S. with an unexpired H1B visa stamp. The visa stamp would normally be issued by a U.S. Consulate in the individual s home...

Immigration Issues: h1b to niw petition to J1, immigrant petition, h1b status
immigrant petition, h1b status, visa category: Hi, As the J visa category (along with B visitor and F student) visa categories does not allow for intention to immigrate to the U.S., the filing of an immigrant petition (such as I-140 or I-130 or I-360) will result in denial of the application to change...

Immigration Issues: hi, priority dates, current cut
priority dates, current cut, march 1 2007: Hi Sandra, F2B 15APR03 15APR03 15APR03 15JUL92 PHILIPPINES: 01DEC99 Current cut-off date for Philippine F2B is 01/DEC/99. This means that Immigration is processing cases filed before 01.DEC.1999. Your case was filed in 2007. Therefore, there is about...

Immigration Issues: I485 interview and no response, i-485, visa retrogression
i-485, visa retrogression, priority date: Hi, The priority date must be current in the month when I-485 will be approved. The fact that it was current the previous month is not going to result in I-485 approval if the I-485 was for some reason not approved in the month when the priority date was...

Immigration Issues: VERY IMPORTANT., lost I-94 adjustment, green card but lost I-94
lost I-94 adjustment, green card but lost I-94, permanent resident application no I-94: Hello Jul, I have several clients in your situation and some of them don t even have the stamp. I would advise filing the paperwork with the copy of the stamp, and bring it to the interview. Before filing the green card paperwork, apply for a replacement...

Immigration Issues: Immigration Sponsorship, immigration sponsorship, unpaid medical bills
immigration sponsorship, unpaid medical bills, affidavit of support: Hello Ken, The I-864 is largely a formality, in my opinion because I have never heard the US government asking for reimbursement from the joint sponsor when the beneficiary takes out government-sponsored benefits such as food stamps etc. But I understand...

Immigration Issues: interview, uscis gov, adjudication officer
uscis gov, adjudication officer, infopass appointment: Hello Vince, Thanks for the helpful additional information I need to advice. Without a current priority date, USCIS will not make a decision on the I-485 because it is not legally able to do so. The work permit and travel permit can both be renewed....

Immigration Issues: L1 A Blanket refusal, immigration attorney, hr department
immigration attorney, hr department, mnc: Talk to HR and see if you can bring more evidence to make your case clearly approvable for the consulate officer. Your HR department should have an immigration attorney on staff or on contract to deal with these issues. You can reapply with the same petition....

Immigration Issues: L1- H1 COS Denial, h1b, l1
h1b, l1, l2: Hi, As you and your family are maintaining underlying L1/L2 visa status, there is no problem with L1/L2 denial. Similarly, when coming back to the U.S. there will be no problem as you will be entering on unexpired L1 visa stamp with the intention of working...

Immigration Issues: L1A and Green card, l1a, i140
l1a, i140, eb1: Hi, As long as the U.S. company has been doing business for at least one year, an immigrant petition (which leads to a green card) can be filed anytime: http://www.h1b1.com/lcmultinational.htm There is no minimum amount of time that you are required...

Immigration Issues: L1B and green card, l1b, perm
l1b, perm, labor certification: Hi, As L visa status allows for intention to immigrate to the U.S., the company can start the green card process for your husband anytime through the filing of PERM: www.h1b1.com/laborcert.htm However, the company should also file for L1B extension with...

Immigration Issues: L2 and EAD and H1B, l2, ead
l2, ead, h1b: Hi, EAD application will be filed with the USCIS by your wife when she is in the U.S. There is no problem in being issued the EAD, and she can apply for EAD immediately after entering the U.S. if desired no matter what was stated on the DS-160 about employment...

Immigration Issues: L2 visa EAD, l2, ead
l2, ead, employment authorization document: Hi, Yes, an applicant can depart the U.S. after filing EAD application, and the EAD application should still be approved by the USCIS. Your husband will be required to turn in his current I-94 to the airline when departing the U.S., and he will receive...

Immigration Issues: Living for a time in the USA, canadian passport, canadian citizen
canadian passport, canadian citizen, living in mexico: Hello Ron, As a Canadian citizen, you can enter and live in the United States for 6 months, without authorization to work. According to your situation, I believe you can enter the US for 6 months to live with her, and exit and re-enter the US with your...

Immigration Issues: Marriage to U.S. citizen and sponsorship, income tax return, social security number
income tax return, social security number, immigration officer: There is no specific time frame to file AOS. However, it can complicate matters if you happen to get picked up by the immigration authorities due to violation of your nonimmigrant visa status prior to proper filing of AOS. You do not require an attorney...

Immigration Issues: Married US citizen but do not intend to reside in US, for now, visa waiver adjustment, visa waiver green card
visa waiver adjustment, visa waiver green card: Hello Gladys, If you have become a citizen of Singapore, then you can still use the visa waiver to enter the US. If you come from a country where there is visa waiver, you can also visit the US on the visa waiver like you did before because you did not...

Immigration Issues: Moving to home country, h1 b visa, h1b visa
h1 b visa, h1b visa, approval notice: Hi, There is no problem in departing the U.S. You should turn in your I-94 to the airline when departing the U.S. If you departing only temporarily and will enter the U.S. again prior to expiration of your H1B approval notice with the intention of working...

Immigration Issues: PERM Employment Issue, perm, labor certification
perm, labor certification, eb2: Hi, Your employer is misinformed, as the relevant time period is six months within the filing of PERM. See excerpt below from http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;rgn=div5;view=text;node=20%3A3.0.2.1.36;idno=20;sid=690987c0156ce32c189d9ec09319aa2b;cc=ecfr#20:3.0.2.1.36.3.26.6...

Immigration Issues: Pending H4 transfer to F1, B1B2 COS H4, H4 Change of status F-1
B1B2 COS H4, H4 Change of status F-1: Hello Durrani, I think when you said your I-20 has been expired on 28th Jan 11 you meant your B1/B2 I-94 right? I thought you just got accepted into a college and why would they send you an I-20 that expires in January? Assuming you meant the B1/B2...

Immigration Issues: proof of entry (I-94), replace I-94, get entry document
replace I-94, get entry document, AOS I-102: Hello James, 2004 is not too long ago. You need to contact the airline to dig out records of flight passengers roster to see if you are on it. You should also answer as many questions as possible on the request for evidence you received from USCIS on...

Immigration Issues: Re-entry into US with Visa waiver, visa waiver program, uk citizen
visa waiver program, uk citizen, immigration officers: You cannot re-enter on the ESTA visa waiver again if you have violated its terms. You should actively look for alternative treatment options in your home country. You can return for medical treatment after you ovestay the 90 day period, but you will...

Immigration Issues: Reg L1-H1B COS, h1b, l1
h1b, l1, cos: Hi, If H1B petition is approved granting you change of status, you will automatically be in H1B status at that point and no longer have L1 status as the change of status will have been the latest action by the USCIS. If granted change of status to...

Immigration Issues: How to read Worldwide Cut-off Dates, visa bulletin cut off date, how long to wait immigrant visa
visa bulletin cut off date, how long to wait immigrant visa: Hi Shirley, Here is how you read the visa cut-off dates: Currently F2A 01APR07 is shown in the box of the visa bulletin under all chargeability and F2A. This means that the cut-off date right now is April 1, 2007, and everyone whose case was filed...

Immigration Issues: reentry visa, i-130, marriage to u.s. citizen
i-130, marriage to u.s. citizen, marriage sponsorship: Hi, Your husband has abandoned his lawful permanent resident status by being outside of the U.S. for more than one year (or for two years if he had reentry permit). He cannot enter the U.S. on his automatically invalidated green card. If your are...

Immigration Issues: removal from the U.S., visa status, adjustment of status
visa status, adjustment of status, fiance: Hi, Entry on K1 visa and failure to marry the U.S. citizen within 90 days of entry to the U.S. fiance disallows adjustment of status. You cannot remain legally in the U.S. However, if you depart the U.S., you will be barred from coming back to the U.S....

Immigration Issues: Stay in US before getting H1B approved?, dependent family members, uscis gov
dependent family members, uscis gov, ti india: Hi, Since your employer is exempt from the visa cap, it can file H1B petition anytime. You are not required to remain in the U.S. for the H1B petition to be approved. If outside the U.S. when the petition is approved, you should obtain H1B visa stamp at...

Immigration Issues: Student visa while i-130 pending, green card application, b2 visa
green card application, b2 visa, visa interview: Hello Michael, Below are your questions and my responses: So here is the question. 1. would it be a problem that my uncle is a sponsor while f1 visa interview and the i-20 says my mother is the sponsor? NO. AS LONG AS YOU SHOW YOU HAVE SUFFICIENT...

Immigration Issues: Student visa with parent PR app. pending, immigrant visa petition, form i 130
immigrant visa petition, form i 130, immigrant intent: Hello Jonathan, It will be difficult. The problem is immigrant intent. US Immigration law prohibits issuance of nonimmigrant visa (like F-1) to foreign nationals who have an immigrant visa petition (I-130) pending with USCIS. Filing form I-130 shows that...

Immigration Issues: status of immigration, Permanent Residency, Waiting time
Permanent Residency, Waiting time, Application processing time: Dear Azam, the only way to find out about the status of your application for Permanent Residency in Canada is by accessing the webpage https://services3.cic.gc.ca/ecas/?app=ecas〈=en which is what you probably did. If it says that your application...

Immigration Issues: student visa stamping with existing B1/B2 , b2 visa, f1 visa
b2 visa, f1 visa, form i 130: Hi, As you have visited the U.S. previously multiple times without any apparent violation of immigration status, and as no family member has filed an immigrant petition for you (such as Form I-130 petition), the odds are good that the U.S. Consulate will...

Immigration Issues: Time on H1B1 count toward H1B six year limit?, h1b1, singapore
h1b1, singapore, six year limit: Hi, As you must be able to demonstrate that you do not intend to reside or work permanently in the U.S., it is implicit that you maintain a foreign residence abroad (such as in Singapore) that you have no intention of abandoning. This burden becomes increasingly...

Immigration Issues: Time in H1B1 visa count towards 6 years on H1B?, h1b1, h1b
h1b1, h1b: Hi, You will be subject to aggregate limit of six years. Thus, when changing status to H1B, the time that you were in H1B1 status will be counted towards the six years aggregate limit for H (with the exception of H4) visa status. If your employer supports...

Immigration Issues: Visit from U.S to India with H1B, h1b, pay slips
h1b, pay slips, pay stubs: Hi, If you depart the U.S. after H1B petition is approved by the USCIS, but prior to H1B taking effect on Oct. 01, and the purpose of your entry into the U.S. after your trip abroad is to work for the H1B employer, then you must enter with H1B visa stamp...

Immigration Issues: Waiting for another notice, travel state gov, visa petition
travel state gov, visa petition, preference category: Hi Shirley, You are free to try tourist visa again. However, because your husband filed I-130 for you, you are presumed to have immigrant intent and therefore the Embassy can refuse your non-immigrant visa (including B1/B2 and F1) because non-immigrant...

Immigration Issues: Wrong DOB in the AOS, affidavit of support form, affidavit of support
affidavit of support form, affidavit of support, immigration visa: Hey Babu, No one can predict what happens at the port of entry. If problems arise, you need to hire an attorney to deal with it for you. Talking about it now does not help if we don t know what will happen. There is no rule that says POE must let you...

Immigration Issues: work permit, work permit, Canadian PR
work permit, Canadian PR, Permanent Residency: Dear Rena, permanent resident status comes with ALL the rights of a Canadian citizen, except voting in federal elections, right to carry a Canadian passport (and you can t apply for some specific government jobs). Otherwise, you can do anything you want...

Immigration Issues: I-130 form within the U.S. or from Canada?, canadian citizen, immigrant visa
canadian citizen, immigrant visa, fraudulent entry: Hi, It is possible but unlikely that the I-130 will be approved within 6 months. Also note that I-485 can be filed only within the U.S., but the filing of I-130 and/or approval of I-130 is not consistent with entering the U.S. as visitor since there is...

Immigration Issues: I 485 pending PD 02 2004 EB3, eb3, family sponsorship
eb3, family sponsorship, uscis: Hi, Yes, your daughter can file I-130 petition for you. As parents of U.S. citizens are considered immediate relatives, there is no wait involved for the priority date to be current: www.h1b1.com/sponsor.htm The USCIS can be requested to allow the already...

Immigration Issues: Adjusting my status, visa lottery, f1 visa
visa lottery, f1 visa, marriage to a us citizen: Hello Liz, 1. If you win the lottery, you will most likely not be eligible to adjust your status in the US because you will be found to be out of status after you stopped going to school in 2002. Although your status is duration of status D/S it is obvious...

Immigration Issues: Application for H4 Visa Late?, h1b, h4
h1b, h4: Hi, You can apply for H4 visa stamp from the U.S. Consulate anytime prior to expiration of the validity date of your husband s H1B visa stamp. Thus, it is not too late for you and your children to obtain H4 visa stamp from the Consulate, as most H1B visa...

Immigration Issues: Applying for L2 and EAD, l2, ead
l2, ead: Hi, As criteria for issuance of L2 visa stamp is that your spouse has been issued L1 visa status, the earlier denial of L1B visa stamp should not have a bearing on whether the Consulate issues you L2 visa stamp. Any person in L2 visa status has the right...

Immigration Issues: Automatic Revalidation of H1B visa, automatic revalidation, 30 day travel to Canada
automatic revalidation, 30 day travel to Canada: Hi, Based on the facts in your email, it is OK to travel to Canada for 30 days or less and enter the U.S. again with expired passport: http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf In addition to passport, I recommend...

Immigration Issues: adjustment of status in F3 category, f3, i-130
f3, i-130, i-485: Hi, You will fall in the 3rd family preference category (married child sponsored by U.S. citizen parent). It can take several years for a visa to be available in this category. Thus, only the I-130 can be filed for you by a parent. You are not required...

Immigration Issues: B1/B2 to H4 visa, h1b, h4
h1b, h4, change of status: Hi, There will be no presumption of fraudulent entry to the U.S. if you and your fiance wait at least 60 days after his entry to be married. Upon marriage, the application to change your husband s status to H4 can be filed immediately, but in any event...

Immigration Issues: B2 TO H1B, b1, b2
b1, b2, h1b: Hi, It is generally OK to file change of status application 60 days or more after entry to the U.S. Thus, it is OK for H1B petition to be filed. However, due to visa cap issues the employment start date noted on H1B approval notice will be Oct. 01,...

Immigration Issues: B2 visa for 2012, b2 visa, unauthorized employment
b2 visa, unauthorized employment, hi jack: Hello Michelle, I think the Embassy may wonder why you want to stay for so long in the U.S. and the suspicion is that you will engage in unauthorized employment, unless you can show that you have a lot of money to spent on the trip. You should definitely...

Immigration Issues: how can i become a legal resident with expired a-2 visa, federal government of nigeria, government of nigeria
federal government of nigeria, government of nigeria, green card: Hello James, Since your visa/I-94 has expired, your only option is to get married to a US citizen if you wish to remain in the United States. You may also change to other status such as student (F-1) or tourist (B-2), but you will have to return to...

Immigration Issues: Consular process for marriage to U.S. citizen, i-130, i-485
i-130, i-485, marriage to u.s. citizen: Hi, It is a longer process at the Consulate, but it is actually somewhat less expensive. However, you will be separated from your spouse during this time. As a practical matter, if you wait at least 60 days after entry to the U.S. before the sponsorship...

Immigration Issues: canadian visa issues, canadian embassey, cic gc ca
canadian embassey, cic gc ca, government financial assistance: Dear Ashraf, I presume you and your spouse both reside in Serbia. What you need to do is contact the Canadian embassy in Vienna,Austria, at vienn-visa@international.gc.ca, or by phone, at (43-1) 531-38-3010, or by fax, at (43-1) 531-38-3911, and ask for...

Immigration Issues: citizen parent sponsor after i245, visa number, citizen parent
visa number, citizen parent, unlawful presence: Hello Rosa, Only 3 kinds of I-130 beneficiaries do not need 245i in order to receive a green card in the United States after overstaying their visa status. They are 1. Children (under 21) of US citizen 2. Spouse of US citizen 3. Parents of US citizen...

Immigration Issues: continuous residency, exact days, thanks in advance
exact days, thanks in advance, card holder: Hello Maya, It would be time consuming for me to calculate the exact days to ensure that you can apply for citizenship. However, I can tell you the law and you can calculate your days to make sure that you qualify. To qualify for citizenship you must...

Immigration Issues: doubts of immegration issues, citizenship, Canadian citizenship
citizenship, Canadian citizenship, birth outside Canada: Dear Asmaa, regarding question 2: No, your husband must reside for 3 years in Canada in order to apply for citizenship. Being married to a Canadian citizen only helps to obtain residency in Canada (you would have to sponsor him, with all that it entails.)...

Immigration Issues: EB2 - spouse change of status, eb2, f1
eb2, f1, h1b: Hi, H visa status allows intention to immigrate to the U.S. even though it is a nonimmigrant visa status. In other words, it is a dual-intent visa category. Re. your other question, the I-140 must be approved and I-485 must be pending for at least 180...

Immigration Issues: Expedite request got aproved, national visa center, affidavit of support
national visa center, affidavit of support, parents names: Hello Elma, The interview will focus on the validity of the marriage. You must bring supporting evidence to show that the relationship is genuine. The supporting evidence may include: 1. Phone records showing communication with each other 2. Airline...

Immigration Issues: F-2 visa, blanket prohibition, social security number
blanket prohibition, social security number, informal arrangement: Hello Sy, As an F-2 you cannot engage in gainful employment. I won t say it s legal to do odd jobs especially if the employer insists on W-2 or 1099 for your work because your work will be reported to IRS and will leave a record. If you are not authorized...

Immigration Issues: F1 while H4 is still pending, h4 visa status, h 1b visa
h4 visa status, h 1b visa, b2 visa: If I get my H4 VISA stamped from canada before traveling to my home country would rejection of F1 applied from my home country void the already valid H4 visa? MOST LIKELY NOT. Or I can still enter US on H4 that I had stamped from Canada? YES IF...

Immigration Issues: F1 visa and I-130 Petition, f1, i-130
f1, i-130, priority date: Hi, The I-130 petition should still be approved in the 4th family preference category when the priority date finally becomes current: www.h1b1.com/sponsor.htm However, as you are violating your nonimmigrant visa status, you will be unable to adjust status...

Immigration Issues: canadian visa issues, citizenship and immigration canada, permanent residency application
Immigration Issues: canadian visa issues, citizenship and immigration canada, permanent residency application, case processing centre

Immigration Issues: Marriage with a U.S citizen, passport photos, valid passport
Immigration Issues: Marriage with a U.S citizen, passport photos, valid passport, immigration attorney

Immigration Issues: GC application query, perm, green card
perm, green card, labor certification: Hi, It can take 5 or 6 months to prepare PERM application (also known as labor certification ) before PERM can be filed with the Department of Labor. Thus, it is prudent to start the GC process with preparation of PERM at least one and a half years prior...

Immigration Issues: Green Card Lottery, green card lottery, travel state gov
green card lottery, travel state gov, entry registration: Hi, The entry registration period for DV-2012 is now closed. The online registration for DV-2012 began October 5, 2010 and ended November 3, 2010: http://travel.state.gov/visa/immigrants/types/types_1322.html Based on previous practice by the Department...

Immigration Issues: giving Birth, proof of citizenship, fly home
proof of citizenship, fly home, american citizen: Hello Winifred, 1. You need to buy your own health insurance or look for state agencies that help with pregnant women. It just costs money all in all. 2. I practice in Los Angeles, not Maryland. Therefore, I don t have much information regarding giving...

Immigration Issues: green card status for spouse, green card, perm
green card, perm, labor certification: Hi, Based on your marriage, you are automatically included in your husband s employer sponsorship case. However, you will be unable to obtain an immigrant visa (green card) until the priority date for your husband s case is current: www.h1b1.com/visawaiting.htm...

Immigration Issues: H1B - 2 RFEs, h1b, h1b transfer
h1b, h1b transfer, h1b extension: Hi, You are required to discontinue employment with the client if the current employer H1B petition is denied because the H1B bridge allowing for employment with the client has been broken. Since you can expect that the USCIS will not grant you extension...

Immigration Issues: H1B Business Analyst category, h1b, concurrent employment
h1b, concurrent employment: Hi, H1B status is employer specific, meaning that you can be employed by an an employer only if it successfully files an H1B petition with the USCIS. In addition, your job title when employed by the H1B employer should be the same job title as noted on...

Immigration Issues: H1B cap after 10 years in E status?, visa cap, aggregate period
visa cap, aggregate period, portability: I stand by my initial answer, but what complicates your situation is that you were never absent from the U.S. for at least one year. At the same time, the remainder of the six years for initial grant of H1B must still fit within the six year frame unless...

Immigration Issues: From H1B to E2, h 1b visa, status application
h 1b visa, status application, h1b: You can travel outside of the US if you are still working for the H-1b employer. If you already quit the job, you may not be admissible at the border with your H-1b visa. You do not have an E-2 visa so if you are refused on H-1b visa because you no longer...

Immigration Issues: H1B reactivation, h1b, h4
h1b, h4, change of status: Hi, In order to activate your H1B status (through the original H1B employer), you have two choices: either depart the U.S. prior to Sep. 2011 and enter on unexpired H1B visa stamp issued by a U.S. Consulate outside the U.S. (normally in your home country,...

Immigration Issues: H1B transfer, h1b, h1b transfer
h1b, h1b transfer, h1b extension: Hi, The worst case scenario is that the H1B petition is approved, but extension of H1B status is not granted on the basis that there was failure to maintain H1B status when Co. B filed an H1B petition for you. In this scenario, you will be required to...

Immigration Issues: H1B transfer, h1b, h1b transfer
h1b, h1b transfer, concurrent employment: Hi, Multiple companies can file an H1B petition for you. Your current employer will not be aware of another employer filing an H1B petition as well. Additional information is here: www.h1b1.com/concurrent.htm We advise waiting until the new employer...

Immigration Issues: H1B transfer, RFE & 6 year limit, h1b, eb1
h1b, eb1, niw: Hi, In case I-140 is not approved by the time of deadline to respond to RFE, I recommend that you respond to the RFE with a letter from your employer offering you employment in H1B status for one year, with extension possible if you are authorized to be...

Immigration Issues: H1B transfer - RFE, h1b, h1b transfer
h1b, h1b transfer, h1b extension: Hi, Yes, Co. C can file H1B petition for you. However, the USCIS will not both approve Co. C s H1B petition as well as grant extension of H1B status without first approving Co. B s H1B petition. I recommend that you be ready to go back to work for Co. A...

Immigration Issues: H1b Cap, h1b, visa cap
h1b, visa cap, visa quota: Hi, Your company can file an H1B petition now. However, the requested start date noted on the H1B approval notice cannot be earlier than Oct. 01, 2011. In any event, the answer to your question is that the employer can file H1B petition at this time....

Immigration Issues: H4 to F1, visa stamp, masters program
visa stamp, masters program, probablity: If you answer yes the I-539 will almost surely be denied. If you answer no (on the basis that technically it has been filed for your spouse) and it is approved, if you ever travel abroad and need an F1 visa stamp to enter the U.S., the U.S. Consulate...

Immigration Issues: h4 visa, h4, dependent visa
h4, dependent visa: Hi, As there is an adequate explanation (flood damage), do not worry about the absence of wedding pictures of your parents. There is plenty of other evidence that supports the marriage of your parents (the most important of which is marriage certificate)...

Immigration Issues: I20 and Sponsor, f1, i-20
f1, i-20, i20: Hi, If I-20 is issued and you have intention of being a student, you should not apply for H4 visa stamp at a U.S. Consulate and then file for change status to F1 status within the U.S. (especially within 60 days of entry to the U.S.), as this could be construed...

Immigration Issues: I539, immigrant petition, priority dates
immigrant petition, priority dates, masters student: 3a) Are you, or any other person included on the application, an applicant for an immigrant visa? NO. Your husband is not included in the application, and you don t have an I-140. The answer is NO 3b) Has an immigrant petition ever been filed for you...

Immigration Issues: immigration, canadian passport, entry stamp
canadian passport, entry stamp, canadian citizen: Hello Monika, I believe if you enter the United States with your Canadian passport, and reside in the United States for one year after getting the entry stamp in your passport, you are able to apply for permanent resident status as a Cuban national within...

Immigration Issues: immigration of adopted child, us embassy in saudi arabia, jeddah saudi arabia
us embassy in saudi arabia, jeddah saudi arabia, visiting visa: Hello Lubna, You need to start an immigrant visa petition for the child with US Citizenship & Immigration Services. After the petition is approved it will be forwarded to the US Embassy in the child s country and an interview will be scheduled. The process...

Immigration Issues: J1 vs. H1 Visa, j1, h1b
j1, h1b: Hi, All else being equal, H1B is preferred over J1. H1B status can be extended as needed for 6 years (and beyond that as well if the employer supports you for a green card). It also allows for intention to immigrate to the U.S. J1 has the disadvantage...

Immigration Issues: L1 to F1, L2 status ?, grace period, time college
grace period, time college, h1b: I am moving from L1 to F1 in August via change of status. OK Is my spouse still eligible to work for the period of Aug to 1st Oct. Is the grace period of 180 days applicable ? NO GRACE PERIOD APPLICABLE. Your spouse can work until the change of status...

Immigration Issues: L1 Status after marrying US Citizen, l1, i-130
l1, i-130, marriage to u.s. citizen: Hi, Upon marriage to a U.S. citizen, you can maintain underlying L1 visa status while the marriage sponsorship case is being adjudicated by the USCIS if you continue to be employed by the L1 employer. However, you are not required to maintain L1 status,...

Immigration Issues: L2 and EAD, l2, ead
l2, ead: Hi, Filing for EAD immediately after entry on L2 visa does not constitute fraudulent entry. Filing for EAD is perfectly acceptable as it does not involve change of visa status within 1 to 2 months of entry to the U.S. In any event, you (not your employer)...

Immigration Issues: L2 Visa Application, court marriage, indian citizen
court marriage, indian citizen, l1 visa: Hi, Any additional documents with either or both of your names to the same address is helpful in showing that you are residing together. This could be any mail (bank, utility bills, tax documents, etc. or even unofficial correspondence such as emails or...

Immigration Issues: L2 Visa applicant present employment, l1, l1a
l1, l1a, l1b: As of the date that the DS-160 is being completed, you are employed, so you should provide the employer information. When you enter the U.S., EAD application can be filed with the USCIS anytime. You do not have to wait for EAD application to be filed...

Immigration Issues: Las Vegas, holiday visa, crime of moral turpitude, crime involving moral turpitude
crime of moral turpitude, crime involving moral turpitude, working on a cruise ship: Hey Kate, The law says that a person who committed a crime involving moral turpitude is inadmissible into the United States. Theft is a crime of moral turpitude. There is an exception in the law called petty offense exception that will allow her to...

Immigration Issues: LCA Query, client location, repurcussions
client location, repurcussions, approval notice: An LCA can be valid for up to 3 years, but you cannot be employed beyond expiration date on H1B approval notice. An LCA should be applied for each client location. There is no limit to the LCA s that can be filed. Please note that your employer should take...

Immigration Issues: l2 to l1b blanket with change of status, l2 visa, civil enginerring
l2 visa, civil enginerring, uscis: I see. I think it is worth a try to change from L2 to L1B blanket in the United States because you are right that it is easier to go through USCIS. However, you won t have a visa and you won t be able to return to the United States on L1B visa (you don t...

Immigration Issues: to live in U.S.permamntly, bhushan, 3 ways
bhushan, 3 ways, green card: Hey Bhushan, You can immigrate (get a green card) under 3 ways: 1. Family: if you have any family member in the US who have green card or citizenship. 2. Work: if you find an employer to sponsor you and you have at least a college degree 3. Investment:...

Immigration Issues: Marriage certificate for J-2 or F-2 visa, visa b1, valid marriage
visa b1, valid marriage, f2 visa: Hello Roy, The US Embassy can only recognize marriages that are recognized under US Immigration law. A Certificate of Registered Domestic Partnership does not sound like a recognized marital relationship under US Immigration law. The fact that she changed...

Immigration Issues: Marriage with a U.S citizen, i-130, marriage to u.s. citizen
i-130, marriage to u.s. citizen, spousal sponsorship: Hi, Upon marriage, all sponsorship paperwork is filed concurrently with the USCIS: www.h1b1.com/Uscitizen.htm Your sister will be able to remain legally in the U.S. once the sponsorship paperwork has been filed while she is maintaining F1 status. Incidentally,...

Immigration Issues: OPT/H1B, h1b, ead
h1b, ead, visa cap: Hi, I recommend that the employer file an H1B petition for you on a timely basis, so that your H1B status will take effect on Oct. 01, 2011. Based on current economic climate, it is extremely unlikely that the visa cap will be reached anytime soon; last...

Immigration Issues: Paretns immigration, form i 130, necessary instruction
form i 130, necessary instruction, paretns: Hello Nurulla, You have to file 2 separate cases for each of your parent and pay separately. Each parent will cost $1490. Both parents = $2980 I charge $1200 for one case, and can give you half of on the second case ($600). Therefore for both cases...

Immigration Issues: Perm Priority Date, perm, lca
perm, lca, labor certification: Hi, Processing times are here and can be tracked by clicking on Perm Processing Times tab: http://icert.doleta.gov/index.cfm?event=ehGeneral.dspLogin In addition, there is a case status check field on that same webpage. I recommend that your employer...

Immigration Issues: Possible waiver, ciudad juarez, unlawful presence
ciudad juarez, unlawful presence, extreme hardship: Hello Monica, Your husband probably need the I-601 waiver for the unlawful presence if he was present in the United States illegally for 180 days. Your husband probably will also need I-212 waiver for being deported after apprehension when he was 18...

Immigration Issues: i have a question, permanent resident status, mexico city
permanent resident status, mexico city, el paso: Hello Eddie, If your mom was a permanent resident, then you have no right to American resident status if your mother never petitioned for you for permanent resident status in the US. If your mom was a US citizen, depending on when she naturalized you...

Immigration Issues: Re-scheduling AOS interview, conditional permanent resident, certified mail
conditional permanent resident, certified mail, adjustment of status interview: Hi, The interview notice should provide instructions for adjourning the interview, such as calling the USCIS customer service number at 800-375-5283 and requesting rescheduling of interview. I also recommend sending a letter to the USCIS office where the...

Immigration Issues: Regarding GC process, h1b, green card
h1b, green card, perm: Hi, You must be offered the prevailing wage as per http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#prevwage6 The attorney who is retained for the GC process should obtain the prevailing wage by filing the appropriate paperwork with the Department...

Immigration Issues: Regarding H1B-Green Slip issued at Ciudad Juarez, getting a visa, indian citizen
getting a visa, indian citizen, blue cross blue shield: Hello Sarkar, My answers are below: 1) In case, this processing takes very long can he return to US temporarily on parole to wrap up matters? No parole. He can apply for F-2, but it is not work authorized. 2) What are the chances of getting a...

Immigration Issues: Relocation while H1B extension filed, uscis gov, project c1
uscis gov, project c1, cl1: Hi, There is no particular benefit to upgrading to premium, as you are able to be legally employed based upon the filing of H1B petition prior to I-94 expiration, and you can continue to be employed even after I-94 expiration. If you still want to upgrade...

Immigration Issues: Spousal sponsorship based on marriage, i-130, marriage to u.s. citizen
i-130, marriage to u.s. citizen, spousal sponsorship: Hi, In order to be sponsored by your husband and adjust status in the U.S., you must be able to provide proof of legal entry to the U.S. If you have lost your passport, you have also presumably lost the form that you were issued when you entered the U.S....

Immigration Issues: Spouse sponsor by US citizen, fiancee visa, fiance visa
fiancee visa, fiance visa, spouse visa: Hello Tariq, The fastest and most reliable way is to apply for a K-1 fiancee visa. You must be careful not to register the marriage civilly in Pakistan, as that will eliminate her eligibility for the fiancee visa and instead she must apply for the CR spouse...

Immigration Issues: Staying in US while awaiting visa processing, uscis, j1
uscis, j1, department of state: Hi Hayden, Assuming you filed the right extension for your J-1, you can stay in the US until a decision is made by USCIS. You said Department of State is reviewing a new visa. You can pick it up from the Embassy when it is finished processing. If you...

Immigration Issues: Tourist visa and I-130 filed, i-130, b2
i-130, b2, tourist visa: Hi, As visitor visa category does not allow for intention to immigrate to the U.S., the Consulate is extremely unlikely to issue a visitor visa based on I-130 filing by spouse. Hopefully your spouse will be eligible for naturalization soon. As soon as...

Immigration Issues: Travel to US with expired green card, us embassy in ankara turkey, us embassy in ankara
us embassy in ankara turkey, us embassy in ankara, resident visa: Hello Cyrus, Your mother can apply for a return resident visa (SB-1) from the US Embassy in Ankara, Turkey. This is what it says on the Embassy s website: 61. What if I have been outside the United States for more than one year and do not have a re-entry...

Immigration Issues: using the Cuban adjustment law by a dual citizen, visa waiver program, cuban adjustment act
visa waiver program, cuban adjustment act, dual citizen: You must live in the United States for one year before you can apply for the green card under Cuban Adjustment Act. You will not have a work permit if you entered the US under the visa waiver, but after waiting one year you can apply for a green card and...

Immigration Issues: What Visa?, o1 visa, uscis gov
o1 visa, uscis gov, p1 visa: Look into the P1 visa for atheletes http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=19860b89284a3210VgnVCM100000b92ca60aRCRD&vgnextoid=19860b89284a3210VgnVCM100000b92ca60aRCRD Or O1 visa might also work...

Immigration Issues: Visitor visa after I-130 filing, b2, b1
b2, b1, i-130: Hi, Unfortunately, the visitor visa category (B1 or B2 visa) does not allow for intention to immigrate to the U.S. It is therefore very unlikely that the Consulate will issue a visitor visa and allow your brother to enter the U.S. to attend your graduation...

Immigration Issues: I-130 and Consular Processing?, i-130, marriage sponsorship
i-130, marriage sponsorship, marriage to u.s. citizen: Hi, If the Consulate refuses to issue an immigrant visa, there is less recourse for appeal. Therefore, Adjustment of status within the U.S. is safer. The recommended course of action is for all sponsorship paperwork to be filed concurrently. Incidentally,...

Immigration Issues: I-140 Priority Date Porting, i-140, priority date
i-140, priority date, eb2: Hi, You should be able to port the earlier priority date based stated on I-140 approval notice even if the former employer revokes its I-140 petition. I do not know why the motion to reopen was denied. Perhaps your former employer sent a revocation letter...

Immigration Issues: 245i, form i 485, 245i petition
form i 485, 245i petition, adjustment of status: Hey Sokrat, If you email me I can send you the USCIS Memorandum, which is binding on all adjudicating officers, on the issue and it clearly supports our position. I ve done this type of case more than 20 times in the past, and never had a problem. ...

Immigration Issues: I-407/ A47847807, relative petitions, citizen families
relative petitions, citizen families, immigration court: Hello Everton, If you were absent from the US as a green card holder for more than 6 months without a re-entry permit, your green card can be considered abandoned and it will be confiscated by the Custom agent. After it is confiscated, you had the option...

Immigration Issues: Apply for student visa in Canada, visa in canada, international passport
visa in canada, international passport, immigration offices: Dear Samee, if they are still legal residents of the United States, of course they can apply for a student visa at the nearest Canadian diplomatic representation that handles immigration matters. I am not quite sure what you mean with an international...

Immigration Issues: Change of status, approval notice
approval notice: Hello Peter, If you are changing your status from H1b to E2, then your wife can be included under the same I-129. Read the instruction on USCIS website for Form I-539 and attach the necessary supporting documents. We handle change of status to E-2....

Immigration Issues: My children in F2 visa status traveling, f1, f2
f1, f2: Hi, The Consulate normally will not issue a dependent visa stamp (e.g., F2 visa stamp) to a family member until the principal family member has obtained a visa stamp (e.g., F1 visa stamp). Thus, you should obtain F1 visa stamp at a U.S. Consulate in your...

Immigration Issues: DS160 Form Help, visa interview, interview appointment
visa interview, interview appointment, u s company: Hi, You can answer no since you were not actually refused a visa. You should clearly disclose the fact that there was earlier application for L1 blanket visa on the DS160, and I recommend carrying with you to the new visa interview appointment the...

Immigration Issues: derivative, wilshire blvd suite, fax number
wilshire blvd suite, fax number, website www: All of my info is on my website: www.immigrationattorneyla.com (put this website in your URL) My phone is (949)228-3922 (direct line) My email is attorney@lawofficesofjackcsung.com My fax number is (213)596-7867 Address is 2975 Wilshire Blvd. Suite...

Immigration Issues: derivative citizenship/deportation/, us embassy in the philippines, child citizenship act
us embassy in the philippines, child citizenship act, embassy in the philippines: Hi Fernando, Your brother s case is interesting because he could ve derived citizenship in the US while he was still a green card holder. However, because he lost his green card, which is a condition to derive citizenship under Child Citizenship Act of...

Immigration Issues: EB2 dependent application, green card application, receipt notice
green card application, receipt notice, priority dates: Yes, you can leave your H1B employer after issuance of I-485 receipt notice. You would be able to remain legally in the U.S. based on I-485 filing even if you no longer hold H1B status. The USCIS does not use any particular terminology for your status in the...

Immigration Issues: F1 employment & marriage to U.S. citizen, f1, i-130
f1, i-130, marriage to u.s. citizen: Hi, You will receive an EAD (employment authorization document) based on marriage to a U.S. citizen which will be independent of OPT. Thus, there will be no interruption in employment, as EAD will allow you to work anywhere without the restrictions of OPT...

Immigration Issues: F1 & F2 to H4, h1b, h4
h1b, h4, dependent spouse: Hi, H4 status is granted to a dependent (spouse, and/or children under 21) of the H1B principal beneficiary. Either you or your spouse should have an employer in the U.S. willing to file H1B petition. Only then can an H4 application be filed for the...

Immigration Issues: F1 visa issue, returning resident visa, visa officer
returning resident visa, visa officer, mba school: Hello Hanisha, Sorry to hear about your green card situation. You should have your mother petition you for a green card after you get the student visa to come to the United States so that you can eventually get a new green card. I think you have a good...

Immigration Issues: Fiance or Spouse Visa, i-130, fiance visa
i-130, fiance visa, k3: Hi, The spousal petition is now about as fast as the K3 petition process. Thus, the I-130 filing by itself is fine. When the I-130 is approved by the USCIS, the National Visa Center (NVC) will send a letter to your husband to complete the paperwork for...

Immigration Issues: Fiancee as sponsor for F1 VISA, indian citizens, family relationship
indian citizens, family relationship, hi jack: Hey Ankita, If the sponsor is not in the US and not a US citizen, the I-134 is not used. He needs to provide bank statements and verification of assets. The amount he owns must be enough to pay for your tuition and living expenses at least for one year....

Immigration Issues: Filing for a Baby, new born baby, citizen parent
new born baby, citizen parent, foreign spouse: Hello Junway, Contact the US Embassy in the foreign spouse s country and ask for CBRA (consular birth registration application). The newborn is a US citizen by birth because of the US citizen parent. A DNA test may be requested by the Embassy, and if...

Immigration Issues: Form I-601, us immigration law, waver forms
us immigration law, waver forms, denial letter: Hello Johana, If it s not a criminal issue, I think the waiver being requested is for misrepresentation. I will need to see the denial letter to be sure. I am not provided with enough facts for an advice. His last refusal was definitely problematic for...

Immigration Issues: Form I-864, child health insurance, supplemental security income
child health insurance, supplemental security income, affidavit of support: Hi, If you sign the Affidavit of Support, if the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those...

Immigration Issues: l1 to f2 change of status
Immigration Issues: l1 to f2 change of status

Immigration Issues: Green card category information, eb2, eb3
eb2, eb3, i-140: Hi, Please note that you would be totally dependent upon the employer to start the green card process through the filing of a PERM application: www.h1b1.com/laborcert.htm EB2 category requires that the beneficiary possess either a U.S. master s degree...

Immigration Issues: giving Birth, proof of citizenship, fly home
proof of citizenship, fly home, american citizen: Hello Winifred, 1. You need to buy your own health insurance or look for state agencies that help with pregnant women. It just costs money all in all. 2. I practice in Los Angeles, not Maryland. Therefore, I don t have much information regarding giving...

Immigration Issues: green card cancellaton, green card, ot
green card, ot, divorce: Hello mg, If you file for divorce then she must apply for the green card alone and she must prove that the marriage, while it lasted, was a real relationship. All you can do now since she has the temporary green card, is to write letters to USCIS regarding...

Immigration Issues: H1B to Green Card via Marriage, i-130, i-485
i-130, i-485, marriage to u.s. citizen: Hi, After marriage, all sponsorship paperwork should be filed concurrently with the USCIS: I-130, I-485, G325, I-765, I-131, I-864, etc. This list is not exhaustive, as it depends on the exact situation of each case. Additional information is here: www.h1b1.com/Uscitizen.ht...

Immigration Issues: H1B Marriage, h1b, h4
h1b, h4, f1: Hi, After marriage, your wife can change to H4 status, as the dependent of an H1B visa status holder. However, the best course of action for her would be to remain in F1 (student) status if she continues to be a full-time student; she is not required...

Immigration Issues: H1B and pending permanent resident, green card application, health insurance coverage
green card application, health insurance coverage, 1b petition: on #2 Since I am in a school environment setting, how long are you given to switch back to full-time to avoid green card being cancelled. (Because I have to wait for the next school year to begin). A: Green card is for future employment so it does not...

Immigration Issues: H1B reactivation, h1b, h1b transfer
h1b, h1b transfer, h1b reactivation: The USCIS will make no distinction between the original employer filing and a different employer filing an H1B petition requesting change of status from H4 to H1B. You will need to wait until H1B petition is approved granting change of status to H1B before...

Immigration Issues: H1B stamping in another country, h1b, visa stamping
h1b, visa stamping, i-797: Hi, As you are currently residing in Sweden, you can apply for an H1B visa stamp at a U.S. Consulate in Sweden. You can apply in either Sweden or a U.S. Consulate in your home country any time prior to expiration of validity date noted on H1B approval...

Immigration Issues: H1b transfer from Non profit to profit, h1b, visa cap
h1b, visa cap, visa quota: Hi, If you will continue to work for both the non-profit as well as for the for-profit company (concurrent employment, in other words), you will not be subject to the visa cap. If you plan on resigning from the non-profit when you start working for the...

Immigration Issues: H1b visa approved after L1b blanket denied?, h1b, l1
h1b, l1, visa stamping: Hi, L1B is independent of H1B. Therefore, as long as your information stated on the H1B petition does not directly contradict your degrees and experience stated earlier on L1B petition filed with the USCIS, the Consulate should issue you H1B visa stamp....

Immigration Issues: H4 to F1 from Canada, automatic revalidation, change of status
automatic revalidation, change of status, h4 to f1: Hi, You can apply for F1 visa stamp in Canada. However, if the U.S. Consulate in Canada where you apply for F1 visa stamp does not issue the visa stamp, you will be unable to enter the U.S. and will be required to apply for F1 visa stamp at a U.S. Consulate...

Immigration Issues: H4 - H1B - H4, h4 visa, visa cap
h4 visa, visa cap, visa stamp: A new H1B petition must be filed by the employer requesting change of status from H4 to H1B; an amendment may be applicable if you were already in H1B status and, for example, there was a material change to your job duties or responsibilities. Wait to see...

Immigration Issues: H4 visa, request proof, bachelor of engineering
request proof, bachelor of engineering, degree certificate: hello Vinodhini, The law does not require you to have a certificate for the H4 visa. However, if you told the Embassy that you have the degree when you did not and the Embassy request proof of the degree, then that s another issue (misrepresentation)....

Immigration Issues: Getting a HB1 visa, early childhood education, hb1 visa
early childhood education, hb1 visa, mariel: Hello Mariel, The family must sign the sponsorship paperwork and pay the filing fee ($1520). I think the difficulty lies in justifying using your skills for the nannying job. You must show how you would use your early childhood education for your nannying...

Immigration Issues: H4 Visa, h4
h4: If you can show that your spouse is maintaining H1B status, then you should be issued H4 visa stamp. Check with the Consulate about required documents for visa stamping. In India, the appropriate website is https://www.vfs-usa.co.in/USIndia/Index.htm...

Immigration Issues: Is it harder to get part-time H1b visa than Full time H1b?, salary requirement, part time job
salary requirement, part time job, architecture firm: Hi Cheng, If you work for his firm obviously you cannot say you are his research assistant in school. So that s settled. You have to apply for H1b based on the true employment situation. I am only worried about his ability to pay you. If he did not...

Immigration Issues: I94 Expired, L-1B Extn denied, old L-1B Visa valid for another 4 months, denial notice, visa stamp
denial notice, visa stamp, 1b visa: Hi, As your I-94 has already expired (and extension has been denied by the USCIS), the visa in your passport is automatically void even if the denial notice indicates that you have been granted 30 days to depart the U.S. If there is no departure date indicated...

Immigration Issues: ?About interview, canadian residency, family class
canadian residency, family class, interview: Dear Stanley: it is understandable that you worry about the outcome of this procedure, but I assure you, it looks worse than it really is. Officers ask all kinds of questions, and sometimes - quite often - they don t really make sense. They only take decisions...

Immigration Issues: J1 visa holder marring USC, j visa waiver, visa holder
j visa waiver, visa holder, visa status: Hi, As J visa status does not allow for intention to immigrate to the U.S., the USCIS is unlikely to grant you extension of J1 status as you are probably going to be considered a likely immigrant to the U.S. based on marriage to a U.S. citizen who is residing...

Immigration Issues: L1 Visa got rejected, l1 visa, immigration lawyer
l1 visa, immigration lawyer, visa interview: Hello Monica, Contact your employer s immigration lawyer to make sure you have all of the right documentations with you for the blanket L1 visa. Next time you go you need to bring all of the legal documents with you. If they did not have an immigration...

Immigration Issues: L1B resignation, employer liability re. return travel, l1, return transportation abroad
l1, return transportation abroad: Hi, As you are voluntarily resigning from the L1B employer, the employer is not responsible for return transportation abroad. You would need to arrange your own transportation so that your departure is effected upon resignation to avoid violation of your...

Immigration Issues: L1B Validity if not used for 16 months, l1b, l1
l1b, l1, visa stamp: Hi, It is still valid to enter the U.S. In order to avoid difficulties at the port-of-entry, however, it is helpful to have a letter or email (the email should be printed out) from the L1B employer requesting your presence in the U.S. to start L1B employment...

Immigration Issues: l1 to f2 change of status, l1, f2
l1, f2, change of status: Hi, It typically takes close to 3 months for approval of application granting change of status. When change to F2 status is granted (the approval notice will have new I-94 attached) by the USCIS, you must stop working for the L1 employer, as at that time...

Immigration Issues: Marrying ex-wife, personal questions, uscis
personal questions, uscis, fist: Hi, If you divorce and remarry within 5 years of obtaining resident status on the basis of marriage to a U.S. citizen, the new marriage will be closely scrutinized by the USCIS. There will be personal questions at the interview, the purpose of which will...

Immigration Issues: MOTHERS VISA AND H4 TO STUDENT VISA, travel state gov, h4 visa
travel state gov, h4 visa, visitors visa: Hi, H4 status is not applicable to parents. Thus, your mother will need to apply for visitor visa (B2) at the nearest U.S. Consulate in her home country: http://travel.state.gov/visa/temp/types/types_1262.html You can study on H4 status, but changing...

Immigration Issues: I'm a UK citizen pregnant by my US boyfriend, green card applications, k1 visa
green card applications, k1 visa, uk citizen: Hello Tamsyn, 1. There is no good way to speed up K-1 visa, which generally takes 6 to 7 months to complete processing. 2. You may have the option of flying into the US on the ESTA visa and get married in the US. However, to get a green card, as far...

Immigration Issues: Overstay outside US On Green Card, permanent resident status, green card
permanent resident status, green card, citizen: Hi, Unfortunately, your parents have automatically abandoned their lawful permanent resident status by being continuously outside the U.S. for 2 years (or 1 year without re-entry permit). They can be sponsored again (ex: by a U.S. citizen child): www.h1b1.com/sponsor.ht...

Immigration Issues: Pregnant UK citizen by my US boyfriend, i-130, i-485
i-130, i-485, marriage to u.s. citizen: Hi, The K1 visa should be issued, as you and your boyfriend have every intention of marrying each other within 90 days of your entry to the U.S. utilizing K1 visa. There is no way to speed up the K1 visa issuance process. However, there may be an alternative...

Immigration Issues: Priority Date Current, i-485, priority date
i-485, priority date, visa availability: Hi, Your I-485 will be approved very soon. It typically takes between 4 and 10 months for I-485 to be approved by the USCIS after filing with any particular USCIS Service Center even though priority date is current. Information about priority dates is here:...

Immigration Issues: problem, national visa center, visa office
national visa center, visa office, police clearance: Dear Emily, I am not sure what you mean by the name that is been passed at the national visa center . When you applied for a visa (of any kind), you are supposed to state your name the way it is written in your primary ID, in this case, your passport....

Immigration Issues: Student Visa to Green Card, f1 student visa, canadian citizen
f1 student visa, canadian citizen, living in the united states: Hello Noah, Unfortunately, your uncle cannot petition for your green card. If he petitions your parent (his sibling) and after your parent gets the green card, you can be petitioned. You can get a green card if you marry a US citizen. http://www.immigrationattorneyla.co...

Immigration Issues: Travel Concern while on F1, f1
f1: Hi, I agree with your current attorney. As F visa status does not allow for intention to immigrate to the U.S., your wife should not travel outside the U.S. since she can still be questioned about her intention to immigrate to the U.S. at the port-of-entry...

Immigration Issues: Travel when Priority Date is current, permanent resident status, immigration inspector
permanent resident status, immigration inspector, i 485: Hi, The purpose of advance parole document is to prevent I-485 denial due to abandonment, so there is no problem with traveling. It is important for your trip to be less than six months duration if your I-485 is approved while you are absent from the U.S....

Immigration Issues: Can i travel to the US ona valid B1 Visa if my L1B got rejecte, b1 visa, invitation letters
b1 visa, invitation letters, invitation letter: Hello Ekansh, B1 visa is for business visit and it is not really used for the same purpose as L1B, which is for working in the United States for a branch company. You must bring all documents necessary to prove your business trip on the B-1. You should...

Immigration Issues: US Visa, l1, l2
l1, l2, ead: Hi, Yes, you can obtain L2 visa stamp at a U.S. Consulate, but the Consulate may then cancel your existing L1B visa stamp, requiring reapplication of L1B visa stamp. However, L2 allows for employment once you obtain EAD (employment authorization document)...

Immigration Issues: Visit to the US after filing I-130 aboroad, us embassy in madrid, immigrant visa interview
us embassy in madrid, immigrant visa interview, spanish passport: Hello Carla, You can enter the US with your Spanish passport on a visa waiver. At the airport, the Custom officer may ask you about your plans to return to Spain. You must bring all documents regarding the I-130 filed in Spain and a roundtrip ticket back...

Immigration Issues: 1099 form, green card application, irs database
green card application, irs database, adjustment of status interview: Hello Jonas, Though I cannot advise you to work for your friend, it should not impact your adjustment of status interview because by the time the tax information has not become available. USCIS also has no access to IRS database to check for illegal employment...

Immigration Issues: 180 day portability rule and I-140, i-140, i-485
i-140, i-485, ac21: The USCIS advises that it be notified by a letter signed by the new employer indicating that it is offering permanent employment in x occupation and attaching I-485 receipt notice. The letter should be mailed to the address noted on the I-485 receipt notice...

Immigration Issues: I-9 form Employment eligibility form, employment eligibility form, human resources department
employment eligibility form, human resources department, form i 797: See the example below: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/ac21intrm122705.pdf IV. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE H-1B PORTABILITY PROVISIONS Question 1. Can an H-1B temporary worker...

Immigration Issues: Applying for I-140/I-485 while COS from H1B to F1 pending?, h1b, f1
h1b, f1, change of status: Hi, The change of status to F1 application should be approved by the USCIS since an immigrant petition (Form I-140) was not filed when the application to change status to F1 was filed. However, since F1 status does not allow for intention to immigrate to...

Immigration Issues: AR-11 application, ead renewal, receipt notice
ead renewal, receipt notice, approval notice: Since I-485 receipt notice has the old address, you should call 800-375-5283 and update address. You can ask about AR-11 at that time as well, and if the customer service representative cannot determine whether AR-11 was filed, go ahead and file AR-11 as well....

Immigration Issues: B1 I-94 but applying for extension of my H-1B, b1, h1b
b1, h1b, change of status: Hi, As you are aware, you are currently in B1 status. Your employer can file for change of status from B1 to H1B. There should be no problem (unless you were employed in the U.S. in B1 status), as you will not be subject to the visa cap since you were earlier...

Immigration Issues: B1/B2 to H4 Conversion, b1, b2
b1, b2, b1/b2: Hi, In order to avoid fraudulent entry issues in the future, I recommend waiting for at least 60 days from your wife s last date of entry to the U.S. in visitor (B1/B2) visa status before the change of status application requesting H4 status is filed with...

Immigration Issues: Change of address, changing of address, uscis
changing of address, uscis, change of address: Hello Nurulla, You do not have to provide a new address for USCIS. There is no need to file form AR-11 unless you yourself moved to a different address. If you move soon, be sure to change your address with USCIS. You do not have to change your sister...

Immigration Issues: Citizienship, volunteer work, applying for citizenship
volunteer work, applying for citizenship, uscis: 1. it is necessary to renew his green card before applying for citizenship. 2. He can be denied because he has stayed out of the country for more than 6 months. He must prove that each time he returned home it was only for temporary purpose and not permanent...

Immigration Issues: definition of immigrant, immigration expert, canadian citizenship
immigration expert, canadian citizenship, new immigrants: Revenue Canada has a few benefits for NEW immigrants, thus people who become Canadian residents for the first time. But virtually all rules apply to residents (regardless of citizenship). You would be considered a returning resident . But I recommend that...

Immigration Issues: Domestic Travel while I-94 extension is Pending, i-94, extension of status
i-94, extension of status: Hi, I recommend obtaining copy of the receipt notice (Form I-797) as evidence that extension of status was filed prior to your I-94 expiration. If your employer does not cooperate, at least enter the receipt number into the USCIS website and print out the...

Immigration Issues: EB2 category filing mistake by attorney, nebraska service center, approval notice
nebraska service center, approval notice, nsc: Hello Heena, 1. The attorney that made the mistake should correct it for you. 2. If the attorney does not want to correct it for you, hire a new lawyer to correct it for you. 3. The new attorney must have access to all the case files so that s/he...

Immigration Issues: EB3 priority date, eb3, priority date
eb3, priority date, visa bulletin: Hi, As per current visa bulletin (June, 2011): http://travel.state.gov/visa/bulletin/bulletin_1360.html the visa availability date for EB3 category is Sep. 15, 2005. This means that if your priority date was Sep. 15, 2005 or earlier, your priority date...

Immigration Issues: mantain permanent resident in Canada, temporary residency, permanent residency
Immigration Issues: mantain permanent resident in Canada, temporary residency, permanent residency, bad information

Immigration Issues: F1 and F2 at the same time, f1 visa, f2 visa
f1 visa, f2 visa, wayn: Hello Wayn, If your spouse is an F1 and still studying in the United States as an F-1. There is no time limit on when you can enter on the F-2 visa, if it is still valid. If you enter the US on the F-2 visa you will need to change your status to F-1 after...

Immigration Issues: F2 to H1B, f2, h1b
f2, h1b, change of status: Hi, If your wife receives a job offer in the U.S., and the employer is willing to file an H1B petition with the USCIS, then your wife will be granted change of status in the U.S. to H1B visa status. The employer files Form I-129 with supporting documents...

Immigration Issues: F2 visa of wife while husband on OPT, status application, f2 visa
status application, f2 visa, 4 months: Hi, As it can easily take 3 or 4 months for approval of an application to change status to F2, if your OPT expires prior to approval of the change of status application of your wife, the application is still approvable, but it will not benefit your wife....

Immigration Issues: Can I file for a H-1B now?, h1b, visa cap
h1b, visa cap, visa quota: Hi, An H1B petition can be filed up to 180 days before the start of the fiscal year of the government, which is when the visa cap becomes open. The fiscal year begins October 01. Thus, an H1B petition can be filed anytime on or after April 01, 20xx until...

Immigration Issues: green card renewal, infopass, pending case
infopass, pending case: Eileen Chun-Fruto, Los Angeles immigration attorney writes: You may make an appointment with your local USCIS office for an Infopass appointment. You can go to www.uscis.gov and make an appointment. You will need your passport information to make the...

Immigration Issues: H1B transfer, I-140 approved, h1b, perm
h1b, perm, i-140: Hi, As it appears that the company which sponsored you for I-140 is going to revoke its I-140 petition (and I-485 has not been filed and pending for at least six months, presumably because you are waiting for the priority date to be current), it is indeed...

Immigration Issues: H4 visa holders and AOS/I-765 pending: travel restrictions?, h1b, h4
h1b, h4, i-765: Hi, Both you and your husband can travel and enter the U.S. on your unexpired respective H1B/H4 visa stamp. The advance parole document and EAD applications will be approved by the USCIS despite your departure from the U.S. while these applications are...

Immigration Issues: h1 transfer part-time job, h1b, part-time h1b
h1b, part-time h1b, h1b transfer: Hi, Yes, an H1B petition can be filed for part-time job, as long as the position still requires a bachelor s degree or above to satisfactorily perform the job. The following article from our website may be helpful: www.h1b1.com/concurrent.htm H1B status...

Immigration Issues: H1B approval and date of filing, h1b, h4
h1b, h4, change of status: Hi, Your friend can enter in L1B if she plans on working for the L1B employer. If she will not work for the L1B employer (entry on L1B and then failure to work for the L1B employer can be considered fraudulent entry), it is best to enter on H4, which does...

Immigration Issues: H1B extension and I-94 expiring, h1b, h1b extension
h1b, h1b extension, i-94: Hi, Since you are legally in the U.S. in H1B status, as long as the H1B extension is filed prior to your I-94 expiration on June 17, you will be able to continue to remain legally in the U.S. and to also continue working for the sponsoring employer while...

Immigration Issues: H1B-F2 visa, h1b, f2
h1b, f2, change of status: Hi, I assume that your husband will work on H1B status on Dec. 01, 2011 since he will be maintaining F1 status until that date. If in any doubt, check the H1B approval notice (Form I-797) when it is issued by the USCIS, and the validity dates on that notice....

Immigration Issues: h1b and i94 expiring, h1b status, h1b visa
h1b status, h1b visa, getting a divorce: Hello Rae, You are in legal status as long as your I-94 is not expired. You will lose your status if you file for a divorce because your status is dependent upon your husband s H1b status. You should look to change to other statuses before you obtain...

Immigration Issues: H1B Loss of pay, pay stubs, h1b transfer
pay stubs, h1b transfer, paystubs: Hi, If your employment is terminated, there is a maximum of 10-day grace period. Thus, even if the H1B employer is issuing you with paystubs but has terminated your employment, you can be violating H1B status if you either do not within 10 days of termination...

Immigration Issues: H1B Part Time, h1b, h1b part-time
h1b, h1b part-time, pay stubs: Hi, An amended H1B petition should be filed as soon as possible. Alternatively (and this is the better option at this time), since your H1B is set to expire in September, 2011, a regular H1B petition requesting extension of H1B status should be filed requesting...

Immigration Issues: h1b petition sent to uscis, infopass, point 0
infopass, point 0, petiton: Hello Aman 1. First thing to do is to figure out where is the H1b petition? Generally files arrive in the US within 2 weeks, but sometimes it is challenging to find the file. I would contact USCIS regularly through infopass to see if the H1b petition was...

Immigration Issues: H1B transfer and Loss of Pay, h1b, h1b transfer
h1b, h1b transfer, h1b grace period: Hi, In order to maintain H1B status, there is a maximum 10-day grace period between termination of employment with one employer and starting employment with another employer. You can commence employment with Co. B upon filing; you do not have to wait for...

Immigration Issues: H4, h4 visa, sole proprietor
h4 visa, sole proprietor, visa holder: 1. He can get income from his business. It ll be more investment income than a salary. He cannot receive a salary from any company due to lack of work authorization 2. He can have a partner in the business. 3. He can have other people working for him...

Immigration Issues: H4 and EAD and opening business, h1b, h4
h1b, h4, ead: Hi, Your and your wife s adjustment of status application (along with EAD application) can be filed only when your wife s priority date is current. Additional information about priority dates is here: www.h1b1.com/visawaiting.htm Although anyone in any...

Immigration Issues: H4 Visa, h4
h4: If you can show that your spouse is maintaining H1B status, then you should be issued H4 visa stamp. Check with the Consulate about required documents for visa stamping. In India, the appropriate website is https://www.vfs-usa.co.in/USIndia/Index.htm...

Immigration Issues: J1/J2 to H1B/H4, h1b, h4
h1b, h4, j1: Hi, In order to change status from J1 to H1B, you should not be subject to the 2 year home country requirement. See Form DS-2019 or the J1 visa stamp page in your passport to determine if you are subject to this requirement. You are totally dependent...

Immigration Issues: J2 to H4., j2 visa, h4 visa
j2 visa, h4 visa, i 539: Hello Nimisha, Your I-94 is automatically extended while you wait for the decision from USCIS. You are in legal status and under no risk of deportation before USCIS issues a decision on your case. If your case is unfortunately denied, then you will have...

Immigration Issues: L2 to H1B Change of Status, l2, h1b
l2, h1b, change of status: The H1B petition is approvable. However, the USCIS may or may not grant extension of H1B status since you were not maintaining H1B status through Employer A when Employer B filed an H1B petition. If the USCIS approves the H1B petition through Employer B...

Immigration Issues: L2 visa application without social marriage, l1, l2
l1, l2, consulate: Hi, As the marriage is not a secret marriage (there were important witnesses to the marriage such as family members or friends), it should be OK; there is no requirement to have a fancy wedding. However, some other evidence in addition to marriage certificate...

Immigration Issues: how long a USA citizen can stay out of country, u.s. citizen, n400
u.s. citizen, n400, naturalization: Hi, There is no action required. You can remain an unlimited amount of time outside the U.S. as you are now a citizen of the U.S. You still have to pay U.S. taxes if applicable: http://www.irs.gov/businesses/small/international/article/0,,id=97130,00.htm...

Immigration Issues: mantain permanent resident in Canada, loss of PR, permanent residence
loss of PR, permanent residence: Dear Ali, if your family includes a child, there shouldn t be a problem. Immigration officers must consider the best interests of the child, which override your failure to satisfy residence requirements. If it s not the case, there still may be other humanitarian...

Immigration Issues: Naturalization, n400, naturalization
n400, naturalization: Filing tax returns is required only if it is otherwise required by the IRS. If tax returns were required to be filed but were not, it becomes a question of failing to maintain good moral character and can result in denial of the naturalization application....

Immigration Issues: Naturalization and public assistance, n-400, naturalization
n-400, naturalization, citizenship: Hi, If you are purposely underreporting your income in order to minimize tax burden, then this could be considered a failure to maintain good moral character and result in denial of the naturalization application. However, the naturalization application...

Immigration Issues: H4 to H1B conversion, h1b, h4
h1b, h4, change of status: You must be present in the U.S. when the H4 extension application is filed, and continue to be present until it is approved. If you do not meet these requirements, the H4 extension application will be denied by the USCIS. As indicated in previous email,...

Immigration Issues: required documents to support "employer and employee relationship", h1b, employer-employee
h1b, employer-employee, rfe: Hi, In our professional experience, unless there has been an RFE (request for evidence) issued by the USCIS after H1B extension has been filed specifically requesting all W-2 s and pay stubs for the entire period of stay in H1B status, it is normally acceptable...

Immigration Issues: Sponsoring Parents, sponsorship requirements, financial requirements
sponsorship requirements, financial requirements: Dear Mhy, here s what the Immigration Canada s Operational Manual says: The financial test is needed to prove that sponsors can support sponsored persons for the period of the undertaking. Financial resources: • may include the resources of the sponsor’s...

Immigration Issues: Spouse of Green Card holder, visa petition, visa categories
visa petition, visa categories, greencard holder: Applying for F1 visa stamp requires an intention of completing the study program. Not having any such intention (or an intention to immigrate to the U.S. based on marriage) is not compatible with F1 entry requirements, unfortunately. In addition, irrespective...

Immigration Issues: About the status of my case, travel state gov, visa bulletin
travel state gov, visa bulletin, foreign spouse: Hello Shirley, A resident husband (Green card holder husband) petitioning for a foreign spouse generally has a 2 to 3 year waiting period. According to the July, 2011 visa bulletin: http://travel.state.gov/visa/bulletin/bulletin_5489.html If your...

Immigration Issues: U.S. residency options, family sponsorship, employer sponsorship
family sponsorship, employer sponsorship, sovereign country: Hi, U.S. residency would normally be based either on family sponsorship (such as marriage to a U.S. citizen): www.h1b1.com/Uscitizen.htm or based on employer sponsorship: www.h1b1.com/employmentbased.htm I cannot comment on entry to Canada, as Canada...

Immigration Issues: visitor visa query, b1, b2
b1, b2, visitor visa: Hi, Your parents will apply directly at the nearest U.S. Consulate for B2 visa stamp: http://travel.state.gov/visa/temp/types/types_1262.html A letter from you to your parents requesting that they visit you may be helpful in their application at the...

Immigration Issues: I-485, i-140, i-485
i-140, i-485, ac21 letter: Hi, You are supposed to notify the USCIS through a letter (referred to as AC21 letter) when you have found same or similar employment with another employer based on approved I-140 and I-485 pending for 180 days or more. If you do not voluntarily provide...

Immigration Issues: I 485 question, i-485, adjustment of status
i-485, adjustment of status, staying legally in U.S. after I-485 filing: Hi, Your parents can remain legally in the U.S. since their adjustment of status (I-485) applications have been filed prior to their I-94 expiration date. They are eligible for EAD (employment authorization document) and AP (advance parole document) to...

Immigration Issues: Adjustment of Status, adjustment of status, green card
adjustment of status, green card, petition: Hello Terrain, 1. You can file for adjustment of status because you are currently in the United States. You should wait at least 30 days after entry to apply for adjustment to avoid the preconceived intent problem. 2. We have helped hundreds of clients...

Immigration Issues: Applying Canada PR, canadian immigration consultant, citizenship and immigration canada
canadian immigration consultant, citizenship and immigration canada, cic gc ca: Hi Ravi, Yes, the forms did change last week. But as you will see from Citizenship and Immigration Canada s Operation Bulletin 326, posted July 18, 2011, older forms are still being accepted until March 31, 2012. http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob326.asp...

Immigration Issues: Blanket L1B and blanket L1A rejected., visa stamp, uscis
visa stamp, uscis, rejections: Hi, Your company should file an H1B petition for you with the USCIS, as long as you have at least the equivalent of a bachelor s degree in I.T. or related field such as engineering. The earlier denial of L1A visa stamp by the Consulate should have no bearing...

Immigration Issues: Canada PR, canadian immigration consultant, cic gc ca
canadian immigration consultant, cic gc ca, canada visa: Hi Ravi, Before I can answer your question about how much time it takes I need to know in what category you applied. Was it as a Federal Skilled Worker, Provincial Nominee, Family Class, etc. If it was as a Federal Skilled Worker, do you have Arranged...

Immigration Issues: CASE STATUS/ADDITIONAL INFORMATIONS REQUIRED, canadian immigration, family class
canadian immigration, family class, good conduct: Dear Mr. Wong: I am sorry, but you are right. You are lucky that CIC is only asking for police clearances from your wife s parents. Theoretically, they can ask for a medical check as well. If even one NON-accompanying family member is found inadmissible,...

Immigration Issues: Change of Visa status from H-4 to F-1, h4, f1
h4, f1, change of status: Hi, An application to change status to F1 is signed by the applicant, and not the university. However, you will require the university s support in the form of an admission letter and issuance of Form I-20. It is best to go through an attorney specialized...

Immigration Issues: CASE STATUS/ADDITIONAL INFORMATIONS REQUIRED, eligible family members, cic gc ca
Immigration Issues: CASE STATUS/ADDITIONAL INFORMATIONS REQUIRED, eligible family members, cic gc ca, sponsorship application

Immigration Issues: H1B clock reset question, h1, clock
Immigration Issues: H1B clock reset question, h1, clock, visa

Immigration Issues: F1 yesterday, now H1B job, options?, f1, h1b
f1, h1b, change of status: Your F1 status begins immediately upon landing in the U.S. If you have a preconceived plan on working in the U.S., your employer should file H1B right now. You should wait in India for H1B approval, and then apply for H1B visa stamp at a U.S. Consulate...

Immigration Issues: H- 1B Educational euivalency, h1b, educational equivalency
h1b, educational equivalency, credentials evaluation: Hi, If you are referring to educational equivalency for F1 student visa purposes, that depends on the particular university where you are accepted whether it requires an equivalency. If referring to filing of H1B petition, the educational equivalency...