About Experts Sitemap - Group 30 - Page 4 2015-02-24

Immigration Issues: i-20 for transfer student, william patterson university, uscis gov
william patterson university, uscis gov, bergen community college: Hi, The college will issue an I-20 to your son. As long as your son is a full-time student, he will be maintaining his status. Your son should confirm with the international student advisor at the William Patterson University that the University has notified...

Immigration Issues: I-94 -last name missing-Query from USCIS- URGENT help please, i 94 form, immigration lawyer
i 94 form, immigration lawyer, formal consultation: Brook, If you received a RFE from the Service, you should respond with your immigration documentation (passport, original H-1B approval, Drivers License,letter from your employer stating you are one in the same) and a brief letter from you explaining what...

Immigration Issues: Advance Parole Usage, advance parole, immigration issues
advance parole, immigration issues, h1: Amit Verma, You can use your H-1 visa to reenter the US. If you plan to use your Advance Parole to re-enter the US then your status on entry is parolee . But you can revert to your H status by appling for your H extension when it becomes due. If you are...

Immigration Issues: Applying for US citizenship and a spousal visa, uscis gov, form n 400
uscis gov, form n 400, spousal visa: Hi, You should apply for naturalization through Form N-400: http://www.uscis.gov/files/form/N-400.pdf When you are naturalized, a K-3 application should be filed for your husband: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d0e2194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=48819c7755cb9010VgnVCM10000045f3d6a1RCRD...

Immigration Issues: b1 /b2 visa, b1 visa, b2 visa
b1 visa, b2 visa, tijuana mexico: The issue for a B1 is very difficult to pin down. In short, the applicant must prove that he will return to Mexico after his brief visit tot he US. He must show not just that he has a good reason to enter the USA, but that he has very significant reasons to...

Immigration Issues: babies, citizen parent, canadian citizen
citizen parent, canadian citizen, american citizen: Corey, It is certainly better to give birth in the US. However, it is possible to obtain citizenship for the child but before citizenship can be granted it is necessary to fulfill certain conditions. Birth Abroad to One Citizen and One Alien Parent in...

Immigration Issues: change of status, immigration petition, immigrant petition
immigration petition, immigrant petition, country senegal: cheikhou, I am not sure that your F-1 status is valid. There could be an issue whether you disclosed the fact that an immigration petition had been filed for you prior to applying for an F-1 visa. In answer to your question, there is nothing to speed up...

Immigration Issues: US citzen marrying chinese girl and getting her visa, fiance visa, spouse visa
fiance visa, spouse visa, business visa: Herb, As far as China is concerned obtaining a finance visa or a visa for a married spouse is longer than at other consulates. There is not much time difference between the two visas. Now, if your future wife comes to the US on another visa and then gets...

Immigration Issues: E2 to H1B change of status & travel, green card application, e2 visa
green card application, e2 visa, uk hq: Richard, You should not travel outside the country while the change of status (E2 to H1) is pending. I would also advise you traveling outside the country on an E visa with an adjustment status pending due to dual intent issues. Mark Ashley www.ashleykrishnan.co...

Immigration Issues: EAD, ead card, luck mark
ead card, luck mark, mark ashley: Sam, If you work on an EAD card you will not be on H1 anymore. Therefore your wife could not be on H4 once you begin working with an EAD card. I assume that you and your wife have an adjustment of status pending. If this is the case, once you begin work...

Immigration Issues: EAD card/H1Application, indian passport, luck mark
indian passport, luck mark, mark ashley: Vineet, You can file the H1 without having an EAD. I have helped many Ph.D. students file and EB1 or NIW to allow them to progress through the green card process and would welcome the opportunity to evaluate your credentials. You may send me a copy of your...

Immigration Issues: ex-H1B visa holder, h1b visa, visa holder
h1b visa, visa holder, luck mark: Rohan, The USCIS has issued no definite opinion on this matter. In my opinion, I believe that you are still exempt. However, the only way to know for sure would be for you to file the H1B to find out for sure. Good luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: F-1 marrying US Citizen Needs to leave country for health reasons, uscis gov, h1b1
uscis gov, h1b1, visa holder: Hi, Since it can take 3 or 4 months for advance parole document to be issued, I recommend that after all forms (including I-131) are filed with the USCIS by mail, that you make an appointment with the local USCIS office through Infopass: https://infopass.uscis.gov/info_en.php...

Immigration Issues: F 1 student visa, sponsor letter, mark ashley
sponsor letter, mark ashley, student visa: Rani, A sponsor letter stating that you have enough funds to live and go to school in the US is needed. In addition, proof that your family still lives in your home country and that you have few if any relatives or friends living in the US should be enough...

Immigration Issues: F 1 student visa, f1 visa, immigrant intent
f1 visa, immigrant intent, nonimmigrant visa: Rani, Once you are accepted for admission at an appropriate school it should not be difficult to get an F1 visa. This is a nonimmigrant visa and the only problem that may arise is if the consular officer believes that you have immigrant intent to enter the...

Immigration Issues: F1 to H1B 2008 or 2009 ?, h1b 2008, luck mark
h1b 2008, luck mark, provisional certificate: Preetam, 1. You could as long as you have completed all the requirments towards your degree and you have a letter from the registrar confirming this you would be eligible to file for this years quota in April. 2. Yes, under the current system, you would...

Immigration Issues: F1-Student and US citizenship through marriage, employment authorization card, luck mark
employment authorization card, luck mark, adjustment of status: Roby, Get married and then file for the adjustment of status. At the same time you file the adjustment of status you could file for an employment authorization card. It usually takes around three months or less to get the card. Once you receive the card...

Immigration Issues: F1 visa to greencard, immigration attorney, us immigration
immigration attorney, us immigration, safe side: Sanaa, If you have filed the right applications,your spouse should not have problems of being arrested. I would suggest that you contact a local immigration attorney and request him to talk to the college international advisor. Sincerely, Ramassamy Krishna...

Immigration Issues: F2 to H1, bachelors degree, luck mark
bachelors degree, luck mark, mark ashley: She should be eligible H1 because of her three years education and three years experience. This could be seen as an equivalent of a US bachelors degree. I suggest that you get an educational evaluation to confirm this. Good Luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: Family based petition 1st preference but marital status changed, travel state gov, affidavit of support
travel state gov, affidavit of support, united states visa: Pil, Your petition should automatically convert to the 3rd preference and retain the old priority date. You should check the visa bulletin for your country s priority date. youhttp://travel.state.gov/visa/frvi/bulletin/bulletin_3897.html Good Luck Mark...

Immigration Issues: Family based petition, social security card, immigration visa
social security card, immigration visa, h1b1: Hi Suhail, When you apply for adjustment of status based on current priority date in the F4 family-based category, there could be a query as to whether you are the same person noted on the I-130 petition. The query will provide specific guidance, but any...

Immigration Issues: Filing for 16-year-old sister, family preference, preference category
family preference, preference category, h1b1: Dear Mariano, Yes, file a seperate I-130 for each parent. Your parents are considered immediate relatives . Re. your sister, a seperate I-130 for your sister should be filed. This will be the fourth family preference category, and it will probably take...

Immigration Issues: US citzen marrying chinese girl and getting her visa, 7 months, green card
Immigration Issues: US citzen marrying chinese girl and getting her visa, 7 months, green card, philippines

Immigration Issues: F1 visa to greencard, employment authorization card, f1 visa
Immigration Issues: F1 visa to greencard, employment authorization card, f1 visa, necessary papers

Immigration Issues: What happens if N400 appl. is turned down?, dwi conviction, adjudication officer
Immigration Issues: What happens if N400 appl. is turned down?, dwi conviction, adjudication officer, dui dwi

Immigration Issues: Marrige, visas
Immigration Issues: Marrige, visas

Immigration Issues: f1 student married a US citizen, employment verification letter, immigration petition
employment verification letter, immigration petition, business letterhead: Marie, The documents needed for the immigration petition (I-130) are as follows: 1. Copy of the U.S. citizen s Birth Certificate or Certificate of Naturalization or Certificate of Citizenship; 2. Marriage certificate between the alien spouse and...

Immigration Issues: f1 visa to greencard help fast, h1b1, us immigration
h1b1, us immigration, status application: Hi Sanaa, If you submitted both the I-130 (petition for alien relative) and the I-485 (adjustment of status application), then your husband can stay legally in the U.S. and he does not have to maintain his F-1 status. In other words, he is not required...

Immigration Issues: f1 visa to greencard help fast, luck mark, us immigration
luck mark, us immigration, mark ashley: Sanaa, I assume that you have filed all appropriate paperwork to adjust your husband s status. If that is true, then he does not need to maintain his student status since he is considered authorized period of stay. You should consult an attorney to make...

Immigration Issues: f1 visa to greencard, us immigration, strange question
us immigration, strange question, adjustment of status: It sounds like you are dealing with either a very ignorant person, or someone who is too involved to deal with issues. Now if she is ignorant, and will not learn, there is nothing you can do. However, if she is simply over eager in that she wants your husband...

Immigration Issues: Green Card holder marrying OPT, dual intent, permanent residency
dual intent, permanent residency, card holder: Jessica, Marriage to a permanent resident will not allow your future spouse to become a permanent resident immediately. It would take around 4 years for him to obtain his permanent residency. I would suggest that in addition to applying under the family-based,...

Immigration Issues: Green card question, h1b1, british citizen
h1b1, british citizen, arora: Hi, If you are planning on entering the U.S. every six months, you will not be asked any questions at the port-of-entry about your U.S. residence, since entry at least every six months is evidence that you have not abandoned your U.S. residence. If you...

Immigration Issues: green card, permanent residence visa, resident alien
permanent residence visa, resident alien, mr hay: I must admit that I am a little confused by your question. Why are they going to take your green card (or more correctly as you pointed out, your Permanent Residence Visa)????? Now if you leave the USA for more than 1 year the visa will be terminated. If...

Immigration Issues: green card holder applying for the citizenship marrying F1 visa holder, citizenship interview, visa holder
citizenship interview, visa holder, us citizenship: Maja, 1) No it will in fact affect the renewal of his F visa and his travel and re-entry into the US. 2)NO 3)NO 4)I do not know the exact processing times. The dates you mentioned are what USCIS estimates it to be. By May 2009 these dates are likely to...

Immigration Issues: H1-B Cap Questions, h1 b cap, luck mark
h1 b cap, luck mark, francois 1: Francois, 1. To apply for H1b you are only eligible to apply for approval six months in advance of the start date. Thus, you have to wait until April 1 to file. My office has started to already prepare documents for our clients so everything will be in...

Immigration Issues: H1 to F1, top mba programs, security clearence
top mba programs, security clearence, approval notice: Sid, 1. Six months 2. I would advise quitting only after receiving the approval notice. 3. No. Make sure that once you change programs that both the educational institutions make a note of the change in the SEVIS database. Mark Ashley www.ashleykrishnan.com...

Immigration Issues: H1 processing, l1 visa, h1b visa
l1 visa, h1b visa, luck mark: 1. the decision to file a change of status or visa processed would depend on your personal travel situation. Filing it either way will not affect the approval. 2. you can work for company A to Z while in India. There are no restrictions. 3. no definite...

Immigration Issues: H1-spousal, working in usa, mark ashley
working in usa, mark ashley, h4: Villiam, You must be married first before you can apply for an H4 for a spouse. It should not be a problem for your wife to get an H4 after you are married nor would it be a problem for her to switch to H1 if there are no cap problems and she has a suitable...

Immigration Issues: H1 transfer with Employer's Indian paystub, luck mark, paystub
luck mark, paystub, mark ashley: Simi, Company B is requiring you to break US immigration laws. You can only enter the US on H1B by entering to work for the Company that sponsored your H1B. If company B wants to hire you they should apply for an H1B and obtain an approval and then ask...

Immigration Issues: H1B to F2, 1b petition, time gap
1b petition, time gap, h1b1: Hi Preeti, You should resign from your H-1B job only when the application to change status to F-2 is approved. Within one year of leaving your job, another company (or the same company) can file another H-1B petition for you, and you can then start working...

Immigration Issues: As a H1B with I485 pending, can I apply for F-1 visa, sherry sherry, immigrant intent
sherry sherry, immigrant intent, immigration service: Sherry, In your current situation, you should be able to go to school without the need to get an F1 visa. There is nothing you need to do via the immigration service to attend school. NOTE if you stop your H position, then you will still be in legal status...

Immigration Issues: H1B - L2, l1 visa, visa status
l1 visa, visa status, getting a job: Reven, Your wife can enter and maintain only one non-immigrant status at a time. So if she enters the US on L and wishes to change to H she would need to file for a fresh H-1B application. The good news is that she may be considered exempt from the H quota....

Immigration Issues: H1b - travel with no relieving letter from present employer, relieving letter, h1 visa
relieving letter, h1 visa, luck mark: Kumar, It is not a problem for you to work for an H1B employer in the US. H1B s are temporary positions as they are only granted three years at a time. Thus, the fact that you could potentially return to your Indian Employer at a later date should not have...

Immigration Issues: What happens if N400 appl. is turned down?, dui conviction, n 400
dui conviction, n 400, permanent residency: Paul, If it is the only conviction that you have, I would not worry about the denial if it happens. I doubt that they will deny it. But if they deny the N-400 it will not result in any revocation of your permanent residency. You will be eligible to apply...

Immigration Issues: illegal married to US citizen, permanent resident visa, psychiatrist
permanent resident visa, psychiatrist, us citizen: Wow! Well if that is what she wants to do then so be it. As to what is happening to her only a Psychiatrist could help her. She needs to go to an attorney and have the attorney explain everything to her. He or she will charge her, but it will be worth it....

Immigration Issues: immigration, petition form, immigration officer
petition form, immigration officer, immigration laws: Jessica, If you husband entered the US illegally then under the current immigration laws there is no way for him to get a green card. Hopefully the elections will bring forth change in the system to help your husband and the many others in his situation....

Immigration Issues: immigration help, luck mark, mark ashley
luck mark, mark ashley, 4 months: Kabir, You can convert to F-1. The process is usually done through the university once you have been admitted. You should not have to go to your home country to get the F-1 stamped. You could go to a US consulate either in Mexico or Canada for stamping...

Immigration Issues: immunizations, immunization record, dq
immunization record, dq, green card: Sanaa, See http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf for information on immunizations. If you do not have an immunization record, you would have to retake them. The USCIS certified physician will be able to provide you with immunizations....

Immigration Issues: J-1 waiver to H-1B to green card, i 765, mark ashley
i 765, mark ashley, adjustment of status: Betty, You may begin the process now. In fact you could have filed everything as early as you marraige date. If you wish to stay on H you do not need an EAD but if you desire to work for another employer or a non H employer then I would suggest that you...

Immigration Issues: J1 EU, us embassy in france, us embassy in the uk
us embassy in france, us embassy in the uk, j1 visa: Kate, The US consulates outside France will accept visa applications based on your residence. If you reside in the UK they will accept your application, if you are on a visit or temporary stay, you would need to email the consulate and check if they will...

Immigration Issues: J1 to H1, j1 visa, luck mark
j1 visa, luck mark, mark ashley: Puneet, There is no expedited process to do this based upon the facts stated, but if you receive the advisory opinion before April you can proceed to file the H-1 even if you have not received the approval from the USCIS. Good luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: All kinds of, deal breakers, british citizen
deal breakers, british citizen, living in japan: Rachel, A divorce should not affect your options for eventually entering the US or receiving permanent residence in the US. If adultery is not against the law in Japan there should be no immigration problems in the US. Good Luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: L1 to H1 change of status, l1 visa, luck mark
l1 visa, luck mark, mark ashley: Kondala, You have to file a change of status if you do not wish to obtain an H visa. 1. In my opinion, if you have problems getting the H stamped in Mexico you could return on your L1 provided you still are working for the L1 company. NOTE, this opinion...

Immigration Issues: L1 to H1 transfer, h 1b visa, 1b petition
h 1b visa, 1b petition, l1 visa: Hi, In order to work for Co. B, you can either go to a U.S. Consulate outside the U.S. and enter the U.S. on H-1B visa stamp, or you can have Co. B file another H-1B petition for you requesting change of status from L1 to H-1B. When the petition is approved,...

Immigration Issues: L1 to H1B, visa stamp, consular processing
visa stamp, consular processing, luck mark: Ashok, The H1B can be applied either as consular processing or as a change of status. If consular processing then you may have to leave the country and enter on the H visa to start working on H status. If change of status then your status will become h1...

Immigration Issues: L2 to EAD, l2 visa, uscis
l2 visa, uscis, definite time: Rahul, You can begin work only after your EAD is approved. The time frame for the USCIS to approve your application normally takes from 2-3 months. There is no definite time frame available for this your friends are right. Sincerely, Ramasamy Krishnan...

Immigration Issues: L2 to H1, pay stubs, quota
pay stubs, quota, visa: Suman, The employer does not need to sponsor your L-2. You need to take your wife s L-1, documents of her work (pay stubs-W-2) and obtain your L-2 visa. If you enter the US on L-2 then you need to apply for change of status from L-2 to H-1B. This is the...

Immigration Issues: Labor Certification under EB2, eb3, ramasamy
eb3, ramasamy, system engineer: Adriana, Though your husband is qualified to apply under the EB-2 category, the employer should need at the minimum a Master s degree to effectively perform the job duties. So the decision and requirements of the employer is crucial in deciding whether to...

Immigration Issues: Leave period for h1 visa holders, home country india, visa holders
home country india, visa holders, luck mark: Priya, 1. Yes, there is no time period as long as the H job is still open to you upon your return. 2. If your H visa is already stamped then you need to show a letter of current employment. 3. No. 4. Yes, you could if he is still on OPT. You could...

Immigration Issues: LLC - Member Manager or Manager Managed (H1B), passive investors, mr hay
passive investors, mr hay, working in the usa: Neither would cause a problem, although for various reasons I favor a Manager managed LLC. Working in the USA means working for an employer who is PAYING you for your services. If you are not receiving a salary, then you are not working. Being a Member...

Immigration Issues: Marriage to an Alaskan, canadian citizen, adjustment of status
canadian citizen, adjustment of status, work authorization: Well you will need to get married first. In my opinion you would be wise to go the US and get married there. Then when you are legally in the US, your new husband can file for your petition, adjustment of status, a temporary work authorization, etc.. These...

Immigration Issues: Marrige, illegal immigrant, luck mark
illegal immigrant, luck mark, mark ashley: Saharon, You can get married to your boyfriend and not be subject to deportation provided that you initially entered the US legally. This rule applies to you even if you have overstayed and are now illegal. If, however, you entered illegally then you would...

Immigration Issues: marriage, residence visa, girlfriend lives
residence visa, girlfriend lives, canadian citizen: No one needs to lose there citizenship. The issue is not citizenship but residence visa. Where do you both want to live after you get married? If the USA, then I would suggest she come to the US and then get married to you here so that you can petition for...

Immigration Issues: marrige with greencard girl, f1 student, immigrant visa
f1 student, immigrant visa, green card: Gaurav, Marriage to a green card spouse will not allow you to obtain immigrant visa any time soon. You should request your spouse to apply for US citizenship as soon as she is eligible to do so. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: Need to get my wife legal..., uscis gov, faithful relationship
uscis gov, faithful relationship, h1b1: Hi, Since your wife appears to have entered the U.S. legally, she should be able to adjust status within the U.S. My recommendation is to sponsor your wife after you become a U.S. citizen. The following webpage is helpful: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0775667706f7d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD...

Immigration Issues: name check for long time, luck mark, mark ashley
luck mark, mark ashley, security check: Moe, This delay has happened to numerous people across the country. The options are that you can wait or file a writ of mandamous in district court. The success of your claim would depend upon the USCIS office where filed and which circuit you file it....

Immigration Issues: I need help, uk citizen, visa student
uk citizen, visa student, luck mark: Amanda, There are three options: 1. he can come to the US on an F visa (Student Visa) or 2. he can come to the US on a K visa (finance Visa) or 3. You can get married and bring him over as a spouse of a US citizen. Good luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: OPT->H1-B, f1 student, luck mark
f1 student, luck mark, mark ashley: Kavita, 1. If you have completed all of the course work and passed everything and are only waiting on the diploma then you could file for H1B. 2. I do not know the answer to this. There are more applicants than available visas so it would just be a guess....

Immigration Issues: Phd Visa for wife, social security number, maria jose
social security number, maria jose, social security: Maria Jose, If you are husband is entering the US on a F or J visa you can enter as a derivative. The F visa will not allow you to work, however a J-2 visa will allow you to work. However, the J visa has certain restrictions such as requiring a two year foreign...

Immigration Issues: Processing time for H4, mark ashley, uscis
mark ashley, uscis, processing time: Chandra, It usually takes about six months to gain approval. The processing date you saw is correct. Incidentally, you do not need to wait until approval to switch to F1 as you can showing the H4 receipt is good enough. Mark Ashley www.ashleykrishnan.com...

Immigration Issues: Query regarding change of status, h1 transfer, pay stubs
h1 transfer, pay stubs, h1b1: Hi, Yes, your H-1B approval notice should be submitted along with recent pay stubs to show that you are currently maintaining H-1B status. In addition to the documents noted in your email, also attach recent pay stubs received by your husband along with...

Immigration Issues: Query regarding change of status, h1 transfer, jenny jenny
h1 transfer, jenny jenny, pay stubs: Jenny, In addition to the documents you have listed you also need to add your current H-1B approval notice. Generally, in my experience the USCIS will not ask for the paystubs and will be satisfied with the I-94 and approval notice. But this does not mean...

Immigration Issues: Questions regarding green card for Physical Therapist, green card application, h 1b visa
green card application, h 1b visa, therapist question: May, It is not available every year, Congress passed laws specifically granting Schedule A visas and there is none available. You would need to apply under the regular employment-based categories which are oversubscribed at this moment. To answer How...

Immigration Issues: This question is out of your realm, but it would be nice if you can help me out., uscis gov, immigration officer
uscis gov, immigration officer, luck mark: Joseph, One way your cousin could visit would be for him to apply for a B visa. This visa is given to an individual who is coming to the United States for a visit only. This will not allow him to work and will only be given if the immigration officer believes...

Immigration Issues: RE: Green Card Issue, residence visa, advanced parole
residence visa, advanced parole, us immigration: First of all, your green card is expiring on March 2009, but not your visa. The residence visa is good as long as you meet certain qualifications. The card itself expires much like a credit card. It simply needs to be replaced. On the other hand, you...

Immigration Issues: RE: Green Card Issue, mark ashley, green cards
mark ashley, green cards, permanent residency: Nick, You can apply for a reentry permit which will allow you to be out of the US for two years without surrendering your green card. After that you need to maintain residence or intend to stay in the US to retain your permanent residency. However, this...

Immigration Issues: Reg H4 Visa, uscis gov, h1 transfer
uscis gov, h1 transfer, h4 visa: Jeni, You need to visit the USCIS website for the information. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=67257de128ce5110VgnVCM1000004718190aRCRD Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: re-entry permit, burden of proof, uscis
burden of proof, uscis, permanent resident: Jas, Her green card will not be cancelled as long as she can prove that she is a US permanent resident. That is she has residence,banking,taxes, and such in the US. The strategy you state will only shift the burden of proof on the USCIS to prove that she...

Immigration Issues: Scholar H1B, green card, and marriage, luck mark, lawful status
luck mark, lawful status, address mark: JV, 1. She needs to maintain lawful status in the US at all times. There are some exceptions but i cannot explain in detail what those are in this forum. 2. If present in the US you can get married at any courthouse and then apply for her to have derivative...

Immigration Issues: Son-in-law needs green card, uscis gov, affidavit of support
uscis gov, affidavit of support, h1b1: Hi, The relevant forms with application fees are I-130; I-485; I-765; and I-131. There are other forms as well such as affidavit of support and biographic questionnaire and medical exam. The above forms will allow your son-in-law to remain legally in the...

Immigration Issues: Spouse's visa, b1 b2 visa, h4 visa
b1 b2 visa, h4 visa, correct visa: Lana, I have never heard this before. There could be an issue if he comes on B1/B2 and then changes quickly to H4. The service could view this as a fraudulent intent to circumvent the immigration process. I would suggest that he go to the consulate again...

Immigration Issues: traffic violations on N-400 application, defensive driving school, n 400 application
defensive driving school, n 400 application, traffic violations: Frank, You do not need to answer YES for traffic violations. Also you can state YES and include the dispositions, it should not matter regarding approval of your N-400. It would depend on the office your filing in. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: Not sure whether can travel or not, marriage to a us citizen, luck mark
marriage to a us citizen, luck mark, mark ashley: Maria, If you F1 visa is valid and you are still a student you should be able to go home for holiday. The marriage to a US citizen will always be a hindrance for travel. Another officer at the port of entry may decide otherwise. If questioned, you should...

Immigration Issues: UK F1 Citizen, immigrant intent, uk citizen
immigrant intent, uk citizen, visa holders: Kishan, F-1 visa holders should not have any immigrant intent. Since she is married to to a US citizen this would be the obvious presumption. So the officer at the port of entry may prevent her from entering the US on F visa. The other option wuould be to...

Immigration Issues: Visa for girlfriend (wife), visa waiver program, l1a visa
visa waiver program, l1a visa, phd in economics: Colin, Besides getting married and applying for her L-2 visa along with your children, I do not know of any other quicker option. There are options like H visa but she would need an employer an wait until Oct, 2008. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: Visa for under-18?, immigration attorney, luck mark
immigration attorney, luck mark, mark ashley: Elizabeth, Non U.S. citizens working or living in the US are required to have visas. In your case, your daughter would be required to have a P visa. I would suggest that you consult with an immigration attorney to fully discuss her options as they cannot...

Immigration Issues: visa extension, visa extension, immigration attorney
visa extension, immigration attorney, luck mark: Miki, Assuming you entered the US legally, you do not need to leave the US and then reenter the US to get married. However, I would still suggest that visit with an immigration attorney so that he can fully evaluate all of the facts of your case to make...

Immigration Issues: Want to marry an illegal immigrant., permanent residence visa, illegal immigrant
permanent residence visa, illegal immigrant, us navy: I sympathize with your problem, but at this point the relationship looks like it will be a very difficult one. She has a 10 year bar on receiving any visa with the exception of the Permanent Residence Visa filed by her US citizen spouse. That means if you...

Immigration Issues: Wife's EAD/Green Card application filing, green card application, greencard
green card application, greencard, ead: Amit Verma, You seem to understand that you cannot file for your wife unless your priority date becomes current. So certainly it is possible for you to apply for your wife s EAD when it becomes current. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: I-130 Approved, national visa center, visa package
national visa center, visa package, immigration issues: Hello Catherine, You should be receiving a fee bill within about 30 days or so and if not contact the National Visa Center at 603-334-0700. As for the time it takes. It really depends on how you present his visa package. Meaning, if you submit the...

Immigration Issues: i-94 exrension, uscis gov, attar
uscis gov, attar, processing time: Javed, I am not sure what answer you are looking for. The response from the previous attorney was correct. You can stay in the US while your application is pending. If there is no response prior to your leaving there is nothing much to do. You could request...

Immigration Issues: i-94 exrension, luck mark, mark ashley
luck mark, mark ashley, uscis: Javed, Since you have filed your extension you should be able to stay while pending. Of course if it gets denied, you must leave but it probably will not be ruled upon prior to the date you are scheduled to leave. Good Luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: Affidavit of Support (form I-864), affidavit of support form, affidavit of support
affidavit of support form, affidavit of support, secondary sponsor: Hello Melinda, Since your father is the petitioner he needs to submit an I-864 regardless. You can be the co-sponsor just as long as you meet the income requirements. Sincerely, Yasenia Conde Disclaimer: The information provided...

Immigration Issues: What is allowed with an EAD, ead card, permanent resident status
ead card, permanent resident status, tn visa: Pam, If your adjustment of status is based upon marriage and not employment, you can work for anyone in the US on an EAD card in any position. As long as your spouse has income and can support you or have a sponsor for support, you do not have to worry about...

Immigration Issues: B1 visa stamped and H1 Cancelled, b1 visa, h1 visa
b1 visa, h1 visa, pay slips: Venkat, Without prejudice means that you can reapply for an H1B in the future. Thus, if your new company wants you to come to the US and work for them on an H1B they will have to apply for you. If you already have an H1B petition pending with the new company...

Immigration Issues: Have B2 visa and married to USA citizen, worse case scenario, b2 visa
worse case scenario, b2 visa, usa citizen: Hello Sue, It really depends on what you plan to do. 1. Are you going to apply here in the U.S. or 2. Are you going back home and apply from there? It s really your decision and I can’t tell you what you can and can not do. What I do recommend is...

Immigration Issues: b1/b2 visa overstay and passport expired, b1 b2 visa, new social security number
b1 b2 visa, new social security number, workvisa: Hello Angel, You are right I am not to familiar with work visas. However, the offer you have been made does not sound right. For an attorney to tell you not to worry about your debts because you will be issued a new SS# sounds incorrect. For what...

Immigration Issues: Changing L1 to H1 Visa, l1 visa, lottery system
l1 visa, lottery system, luck mark: Swati, 1.) When is the latest I should apply for this conversion. Your employer should apply on April 1, 2009 for a start date of October 1, 2009. 2.) Will I need a consultancy to do this or how shall I proceed. You need an employer whether it be consultancy...

Immigration Issues: change my Usa Immigration petitions F1 to F3, travel state gov, preference category
travel state gov, preference category, family preference: According to the NVC visa bulletin you have about 2 more years to go. They are working on the May 2002 priority dates. Visit the NVC visa bulletin every 3 months or so at http://travel.state.gov/visa/frvi/bulletin/bulletin_4371.htmlently to get the...

Immigration Issues: Father or US Citizen, cd juarez mexico, citizen children
cd juarez mexico, citizen children, unlawful presence: Hello Anahi, Definitely, it would be faster if his daughter petitions for him. The sister petitioning for him will take years and years. On the deportation issue, that may be a problem if he was barred from entering the U.S within a certain time...

Immigration Issues: removing conditional visa, civil wedding, two sisters
Immigration Issues: removing conditional visa, civil wedding, two sisters, us citizen

Immigration Issues: fiance visa, uscis gov, fiance visa
uscis gov, fiance visa, xerox copy: Johana, You must submit two identical color photographs of yourself taken within 30 days of the filing of this application. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched....

Immigration Issues: GC Labor and I-140, asking this question, wages
asking this question, wages, green card: Lakshmi, I did understand your facts very well, my question was what circumstances have arisen for you to be paid less than the wages the company stated on its I-140. However, I had already answered your question in my earlier email. The wages should...

Immigration Issues: Green Card, immigration issues, conferment
immigration issues, conferment, medical exam: Hello Allan, She has not yet been approved. What they are doing is processing her application accordingly. As for the interview, it really depends on which office has jurisdiction over her application. Your almost there though. Good Luck! Sincerely,...

Immigration Issues: green card and re-entry, visa waiver program, permanent resident status
visa waiver program, permanent resident status, business purposes: You are correct. That is a dead visa. There is no way to revive it. If you want to enter the USA again, you will need another visa. If you are from a country with a visa waiver program you will not need another visa. If you are not from such a country you...

Immigration Issues: green card reentry, immigration issues, immigration attorney
immigration issues, immigration attorney, conferment: Yes, there is a high possibility that you will be denied Legal Permanent Residency in the future. I do know you can voluntarily surrender your permanent residence, however I do not know if that will make a difference. You should consult with an Immigration...

Immigration Issues: H1 approved F-2 filing, valid visa, luck mark
valid visa, luck mark, mark ashley: Ganesh, If your wife has not entered the US on H1 she could enter with an approved F2. That is not a problem. Since she has been counted against the cap, she should be eligible to switch to H1 at a later date. Good Luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: H1 extension, pay stubs, indian embassy
pay stubs, indian embassy, 30th september: Shital, When you get the extension approved and your employer still has a job opening, you need to apply for a H visa. You need to take the documents that you took the first time when you applied for the H visa. Since you are not in the US since Sept 2008...

Immigration Issues: H1 transfer, H1B transfer, H1B visa stamp
H1B transfer, H1B visa stamp, visa cap: Hi Lakshmi, When Co. B files an H1B petition for you requesting extension of your H1B status, the USCIS would normally like to see recent pay stubs from Co. A as evidence that you are currently maintaining your H1B status. Failure to provide this evidence...

Immigration Issues: about the H1B, h1b, luck mark
h1b, luck mark, approval notice: Seli, 1) To switch to a new H1b employer, they will need to file a new H1b. You will usually need a copy of the approved H1b to file with the new application. If the employer will not provide a copy, I would recommend that you talk to the attorney handling...

Immigration Issues: H1B revoke . .OPT status, i 797, unfamiliar situation
i 797, unfamiliar situation, 19th august: Prad, If the employer had filed for your H-1B as a change of status from F to H then you cannot continue on OPT after the start date. Leaving the country and reentering on OPT would be an option. If the start date on the H-1B is October 1, 2008 you better...

Immigration Issues: H1B Stamping - Need Advice, H1B, H1B visa stamp
H1B, H1B visa stamp, H4: Hi Rajesh, You can go to either your home country, or to any U.S. Consulate in Canada or Mexico, for H1B visa stamping. Your wife will apply for H4 visa at a U.S. Consulate in her home country, either at the same time that you apply for H1B, or any time...

Immigration Issues: H1B TRANSFER, PERM, PERM, Labor Certification
PERM, Labor Certification, change of employer: Hi Ignacio, Unfortunately, the Labor Certification (also known as PERM) cannot be transferred to the new employer. The new employer can file a PERM application for you; the first PERM filing will not prevent the filing of a new PERM application by a new...

Immigration Issues: H1B Transfer at the time of H1B extension, H1B transfer, H1B RFE
H1B transfer, H1B RFE, 240 days: Hi Lakshmi, You can work for your present employer (Company A) for up to 240 days after March 30, 2008. Company B can file an H1B petition for you as well, and the USCIS will approve the petition, but the USCIS will probably not attach an I-94 to the bottom...

Immigration Issues: H1B transfer from IT to non-IT company, approval notice, uscis
approval notice, uscis, paycheck: Raghu, First you need a have a new H-1B application filed to work for a new company. The USCIS will require to show pay checks. I would suggest that you consult with the attorney who will be filing your H-1B on how to obtain the copy of the approval notice....

Immigration Issues: H4 status to H1B, luck mark, mark ashley
luck mark, mark ashley, mary mary: Mary, The new employer files a new H1b for you. Since you have already been counted against the cap, it should not be a problem. While I do not know enough about your case to give specifics, generally speaking, once the new H1b has been received by the...

Immigration Issues: Help, 3 month old baby, month old baby
3 month old baby, month old baby, immigration issues: Hello Jessica, In general you can marry him and then petition for him. Are you a U.S. Citizen. When will your boyfriend be transferred to Immigration Custody? If you can t get through to me here please visit my web page at www.condelegalsolutions.com...

Immigration Issues: h4 out of status- convert to f1??, f1 student visa, immigration lawyer
f1 student visa, immigration lawyer, getting a visa: Unfortunately you are correct. When your father lost his job he went out of status. Not immediately, but I believe there is a 30 days or more for him to leave or find another job that will sponsor him and allow him to stay. Otherwise he and your family...

Immigration Issues: immigration, relative category, immigration issues
relative category, immigration issues, immigrant visa: Yes it is. IR5 means Immediate Relative, category 5. If they do not receive their green cards in the mail within about 90 days. You need to make an info pass and inquire about it. I just had a client s son loose his status because of that. I know they...

Immigration Issues: no interview letter yet, form i 485, receipt notice
form i 485, receipt notice, h1b1: Hi, You should have received a receipt notice from the USCIS for Forms I-130 (Petition for alien relative) as well as Form I-485 (adjustment of status application) within a month of filing. There is a case number on these receipt notices, and status can...

Immigration Issues: J-1 to O-1 visa conversion, home country india, visa stamp
home country india, visa stamp, home to india: Raghunath, That is a good option. If you are stuck with the residency requirment, O-1 is the best option for you. You can change from J1 to O1 after the O1 is approved other countries and not have to go home to India. I have helped numerous people do this....

Immigration Issues: L1 Visa Holder Marriage, visa holder, immigration issues
visa holder, immigration issues, conferment: To avoid any conflicts of interest. Try to get married before you are granted your L1 visa. Disclaimer: The information provided on this web site and www.condelegalsolutions.com is not intended to be legal advice, and should not be taken as such. ...

Immigration Issues: L1A - H1 & H4, H1B, L1
H1B, L1, COS: Hi, If you enter the U.S. on L1 visa, in order to activate H1B visa status, you can apply for H1B visa stamp at any U.S. Consulate in Canada or Mexico, or in your home country. If you enter the U.S. on H1B visa stamp, and you later want to change status...

Immigration Issues: L2-H4-F1, receipt notice, h1b1
receipt notice, h1b1, employment option: Hi Neha, An application to change status to F1 can be filed now, but the USCIS will not grant change of status (COS) to F1 until the COS to H4 is granted in the interim. You can attach the H4 receipt notice issued by the USCIS to the F1 application. ...

Immigration Issues: Lenght of stay outside the country, permanent resident application, visa holder
permanent resident application, visa holder, resident visa: A person with a conditional PR can stay outside the US for 1 year. After that period the visa becomes void. You can file for an advance parole re-entry permit, but this should be filed before leaving. As the rest of your question, it is too long and complicated...

Immigration Issues: Marriage, buena suerte, de cualquier manera
buena suerte, de cualquier manera, yesenia: Hola Annette, Lo más fácil seria que se casen por la iglesia y al civil en México. Después de que se casen pueden someter la aplicación para la visa K-3. De cualquier manera los procesos de Inmigración son tardados. Aunque he escuchado que la K-1...

Immigration Issues: Marrying a Mexican woman in the US who has a Travel and Business Visa, petition for alien fiance, k3 visa process
petition for alien fiance, k3 visa process, b1 b2 visa: Hello Alan, It really depends on what you decide to do. If she marries you here and goes back to Mexico you would need to file a K3. She may not be admitted back to the U.S. with her B1/B2 visa during the pendency of her K3 Visa. If she marries you...

Immigration Issues: Re: I-106 and Hardship, national visa center, sole financial support
national visa center, sole financial support, immigration issues: Hello Harmony, In my opinion yes it is enough hardship for him to be approved. But I am not a Consular Officer and they make the final decision. I do know that the better you document your situation the higher the chances of being considered. As for...

Immigration Issues: Ready to apply for GC based on marriage - Asylee married to US Citizen, form i 485, asylum application
form i 485, asylum application, immigration issues: Hello Karen, Okay, so he entered the U.S Illegally through Mexico and he was granted Asylum in court, correct? What section was he granted Asylum under? And was it indefinitely? What country is he from? Depending on what section he can still apply...

Immigration Issues: removing conditional visa, k1 visa, immigration issues
k1 visa, immigration issues, immigration attorney: Hello Gary, I think you are confused. You do not have a Visa you have a conditional resident card. No, you can not apply for your Permanent Resident card if you are divorced from the Petitioner. Yes, USCIS will find out that you are divorced. If...

Immigration Issues: Student, h1b1, immigration status
h1b1, immigration status, visa status: Hi, If there was a violation of immigration status at any time in the past for more than 180 days, the I-485 could be denied. F-1 (student) visa status does not normally allow for employment except part-time on campus employment, or full-time employment...

Immigration Issues: How to sponsor a spouse with overstayed B1/2 visa, immigration issues, conferment
immigration issues, conferment, overstay: Hello Lai, No your friend’s husband does not have to leave the country to adjust his status because he was admitted when he entered the U.S. He should be okay as far as overstaying. Things may become complicated if USCIS, suspects their marriage is...

Immigration Issues: Can I still change my status? Out status student, immigration issues, contact us tab
immigration issues, contact us tab, conferment: Hello Lupita, How long have you been in the United States and under what status were you admitted the last time you came here to the U.S. If you cant get through on this web site you can also contact me at www.condelegalsolutions.com under the contact...

Immigration Issues: i still need youre help, b2 visa, marriage to a us citizen
b2 visa, marriage to a us citizen, usa citizen: Nicoleta, The B-2 visa is only given for a short time (3-6 months) so there is nothing to lose. Moreover, his marriage to a US citizen would jeopardize his B-2 extension. As I stated earlier you need to not ask any authority for permission to leave the US....

Immigration Issues: Tourist visa, possible marriage, fiance visa, getting a visa
fiance visa, getting a visa, tourist visa: Well in short she will probably not get the visa. They almost never give a B visa to someone from a waiver country unless there is a very good reason. The fact that she is romantically involved with a US citizen will be the death blow and may very well result...

Immigration Issues: Tranfer from H1b back to F1 after approval, 1b petition, school masters
1b petition, school masters, status request: Afshin, You should have been aware that the USCIS had extended the F-1 status to cover the cap-gap for applicants who had been selected or whose H had been approved. I cannot provide you with any help if you do not know if the H has been filed as a COS...

Immigration Issues: tourist visa while K3 is under process, indian citizen, immigration issues
indian citizen, immigration issues, tourist visa: Hello Arati, Yes, you can apply but there is a high probability that you will be denied since you have an I-130 pending. Disclaimer: The information provided on this web site and www.condelegalsolutions.com is not intended to be legal advice, and...

Immigration Issues: undocumented parent, immigration issues, conferment
immigration issues, conferment, amnesty: Hello Alice, As things stand right now your parents would have to travel to their home country to be able to adjust their status. Try to find out if they were ever petitioned before by another relative. If so you may be able to take over that petition...

Immigration Issues: urgent help, deportation proceedings, immigration judge
deportation proceedings, immigration judge, immigration office: It is hard to say, but no I do not believe you have a 3/10 bar. You did not stay in the US out of status more than 180 days. But you may have a 5 year bar on you because you were in deportation proceedings. Even though you accepted voluntary departure you...

Immigration Issues: Visa change, childs health, visa status
childs health, visa status, immigration issues: Hello Saira, No, you are not able to get any benefits directly deriving from your son as of right now. He will be able to petition you once he turns 21 years of age. Unless, he is born with a serious illness then you may qualify for some type humanitarian...

Immigration Issues: visa for research, research fellow position, graduation research
research fellow position, graduation research, h 1b visa: Dr. Yogesh, There is no different H-1B visas for different jobs or professions. The only limitation is in the availability of the H visas. Since you will be working for an educational institution your initial H visa would be not subject to the cap but when...

Immigration Issues: Waiting time for I-130, bona fides, immigration issues
bona fides, immigration issues, conferment: Hello Riro, It really depends on the officer reviewing the case. For some it’s enough for some its not. Suggestions: try sending pictures of the two of you, any other accounts you have joint and taxes if any. Just send as much as you can. Good Luck!...

Immigration Issues: Withdrawing Greencard Application, h1 b visa, immigrant intent
h1 b visa, immigrant intent, career prospects: Dev, 1) Since filing a PERM appilication alone is not indicative of immigrant intent it will not hinder your filing for a F visa. 2) It depends on what Employoment based category you apply under. 3) I do not know. Again it would depend on your spouse...

Immigration Issues: I-485, h1b1, uscis
h1b1, uscis, arora: Hi, Apply at this time as a regular AOS applicant. If the USCIS later determines that you were in technical violation of your status by not being paid the agreed-upon salary from your employer for the 3 month period prior to I-485 filing, then you will...

Immigration Issues: 485 & AC 21, AC21, 180 days
AC21, 180 days: Hi, Your I-485 should be approved, if you have the support of Employer A (they have not revoked the I-140 petition, and are offering you permanent full-time employment when approval of I-485). If you do not have the support of Employer A, your I-485...

Immigration Issues: I have both H1 and L2, h 1b visa, 1b petition
h 1b visa, 1b petition, visa holder: Padmaja, If the H-1B petition was filed as a change of status you will become a H-1B visa holder from the effective start date. If it was not filed as change of status then you continue to be in L-2 visa until you leave the country and reenter the US on...

Immigration Issues: EAD and Leave, i 485, h1b1
i 485, h1b1, visa status: Hi, It is OK to have gaps in your payroll. The I-485 will be approved based on an offer of permanent, full-time employment in the future (when I-485 is approved) by the sponsoring employer. Therefore, the USCIS will be satisfied that you will not become...

Immigration Issues: F2 to F1, visa status, ramasamy
visa status, ramasamy, financial ability: Nihal, You can file for a change of status to F-1. To do so you need to be admitted, obtain an I-20 from the educational institution, and file form I-539 (with supporting documents showing financial ability) for change of status from f-2 to F-1. Sincerely,...

Immigration Issues: F2-H1, h1 visa, luck mark
h1 visa, luck mark, confusing situation: Sowmya, 1. It is possible to enter on F2. An application for an H1 does not prevent you doing this. 2. If in the US on F2 you may have to file for a change of status from F2 to H1. If you are in India and have already obtained an F2 visa, you may have...

Immigration Issues: FNU Problem in VISA, indian consulate in ny, first name unknown
indian consulate in ny, first name unknown, passport name: Saahil, You may need to change your name in the passport. I do not think that you can change your name on the visa at this time, you can do it when you plan to extend it. Note the USCIS will follow the name as given on your birth certificate. So for any extension...

Immigration Issues: FNU Problem in VISA, fnu, visa
Immigration Issues: FNU Problem in VISA, fnu, visa

Immigration Issues: H4 stamping with valid L1, jyothi, thanks in advance
Immigration Issues: H4 stamping with valid L1, jyothi, thanks in advance, l1

Immigration Issues: H1 Extension pending, H1B, 240 days
H1B, 240 days, cos: Hi, You must temporarily suspend employment with the company after 240 days, but you can still remain legally in the U.S. You can file for change of status to H4 on your own within the U.S., but you will not be granted change of status to H4 unless the...

Immigration Issues: H1-Visa Status advice, uscis gov, letter of absence
uscis gov, letter of absence, medical certificates: Neha, 1) You cannot sign a letter of absences if it is not true. 2) NO, because the employer has breached the contract by not paying as agreed upon. 3) You can but I would suggest that you contact the attorney who will be filing your H-1B 4) I do not know...

http://en.allexperts.com/q/Immigration-Issues-344/2008/11/H1B-L1-Blanket-H1B.htm
valid visas, h1 visa, h1b visa: Vinay, The current company cannot cancel your H visa, only the H company can file to revoke it. The US consulate may cancel it since it does not normally allow two valid visas stamped in your passport. I guess once they have cancelled my H1 then in...

Immigration Issues: H1B portability, h 1b visa, h1b status
h 1b visa, h1b status, medical fellowship: Nihal, It is the employer s decision to continue your employment. They could as well withdraw the termination and allow you to port. Since they are not ready to do that I would suggest that they premium process your case and you can reenter the US on H-1B...

Immigration Issues: H1B to TN-1 to Resident., h1b visa, permanent resident status
h1b visa, permanent resident status, ead card: Bob, Switching to a TN is not the best option for you. Since you have already filed for an adjustment of status, I would suggest (if you have not already done so) that you apply for an EAD card and an Advance Parole. The EAD card will allow you to work...

Immigration Issues: H4 stamping with valid L1, H1B stamp, visa stamping
H1B stamp, visa stamping, L1 visa stamp: Hi Jyothi, In most cases, the Consulate will cancel the L1 visa stamp if it issues you the H4 visa stamp. If for some reason the Consulate does not issue you the H4 visa stamp (for example, if your husband is not maintaining his H1B status), then the Consulate...

Immigration Issues: H4 visa stamping when H1 Visa stamp expired with H1 petition extension approved, visa stamp, valid visa
visa stamp, valid visa, luck mark: Jyothi, It should be OK as long as you have a valid H4 you can get it stamped. I would suggest that you take a copy of your husband s approved H1s, visa and a letter from his current employer stating that he is employed with the company. Good Luck Mark...

Immigration Issues: Illegal In America, legal question, citizen
legal question, citizen, psychology: This really is more of a psychology question than a legal question. If he does not marry you, then you will not get a visa. Now how to get him to marry you? It seems a little late to hold out on sex to him. Maybe threaten to take yourself and your...

Immigration Issues: Immigrant Intent, immigrant intent, fraudulent entry
immigrant intent, fraudulent entry: Hi, When you enter the U.S., your intention should comport with the visa stamp in your passport. For example, if you have an H1B visa stamp in your passport, your intention at time of entry should be to work for the H1B employer. If your intention is actually...

Immigration Issues: Immigration, new immigration laws, work visa
new immigration laws, work visa, permanent residence: Sahara, Since you are out of status at this time, your employer cannot sponsor you. Neither can your Grandmother be of any help. The only way at this time that you can adjust is to get married to a US citizen. Or wait to see if the new Obama administration...

Immigration Issues: Immigration to US, visa availability, national security secrets
visa availability, national security secrets, visa category: There is no straight line. In fact it is more difficult to immigrate to the US than to the UK. The easiest ways are family who are US citizens (spouse, children over 21, parents, and then siblings). Then the next is employment based. If you do not have...

Immigration Issues: Immigration issues, H1B transfer, H4
H1B transfer, H4: Hi, If your H1B approval notice states that you have been granted change of status, then you are automatically in H1B status and no longer in H4 status. If you are in H1B status, then an H1B petition through another company must be filed as soon as possible...

Immigration Issues: immigration, I-864 exemption, affidavit of support, immigration issues
affidavit of support, immigration issues, conferment: Hello Michael, No you are not exempt from filing form I-864 for your daughter’s petition. The purpose of the I-864 is to ensure U.S. Officials that you make enough money to support your daughter and that she will not become of public charge once admitted....

Immigration Issues: Marriage to a foreigner, luck mark, american citizen
luck mark, american citizen, mark ashley: Christina, If in the US your brother in law would need to file an I-130 and I-485 after the marraige if outside the US you would need to file an I-130. It will take approximately a year for him to get his green card. Good Luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: Marriage to a german/Israeli citizen, german citizenship, israeli citizenship
german citizenship, israeli citizenship, israeli citizen: Daniel, She leaving the US every three months and returning to the US is not a good idea. She may be stopped at the border and turned back for misuse of her visa. There is no need for her to move to TX after marriage. There are lot of couples living apart...

Immigration Issues: re -entering US with H4 when H1 rejected, H4 to H1B, change of status
H4 to H1B, change of status, 180 days: Hi, Your wife is technically violating H4 status if she is not employed by her H1B employer. I recommend that she depart the U.S. soon (no more than 180 days after October 01, 2008), and apply for H4 visa stamp at a U.S. Consulate in her home country. Since...

Immigration Issues: reapply H1B in 4 years, h1b, statutory period
h1b, statutory period, 6 years: Kelly, The 6 year statutory period is counted only for the periods that you are in H status. As the rule stands after a six year gap you will subject to the cap again. But 6 years a long time I do not even want to guess what the rules would be at that time....

Immigration Issues: residence, insurance payment, permanent residence
insurance payment, permanent residence, lease agreement: Ch, Traveling out of the US for over six months should not be an issue. Any commonsense evidence to show that you intend to remain a permanent residence of the US such as lease agreement, property, bank accounts, insurance, payment of US income taxes...will...

Immigration Issues: May I still apply and get approval F-1 visa after my company withdraws my I-140 & I-485 application?, green card application, non immigrant visa
green card application, non immigrant visa, immigrant intent: Ozge, If you have already filed for an I-485 you have declared immigrant intent. You probably are not suitable for an F1 visa. I would suggest that you consult with an immigration attorney to figure out your best options. This forum is too limited to be...

Immigration Issues: Undocumented Immigrant, marriage to a us citizen, yr old high school
marriage to a us citizen, yr old high school, school girlfriend: If she entered legally then you can petition for her and request to adjust her status at the same time. In fact you can even get a work authorization for her while you are waiting for the visa to process. But after such a long time you will need evidence to...

Immigration Issues: 2 year conditional residence status, conditional residence, i 485
conditional residence, i 485, permanent residence: Hello Darya, Unfortunately not. You will be issued a conditional green card for 2 years. After the 2 years you have to apply to remove the restriction and then you will get your permanent green card valid for 10 years. Hope that answers your question....

Immigration Issues: 2nd interview, fist time, immigration issues
fist time, immigration issues, conferment: Hello Gerardo, I really can t tell you because all case s are treated on a case by case basis. But if the officer that interviewed you the fist time requested the presence of your wife this second time, you may be denied. Good Luck Yasenia ...

Immigration Issues: adjustment of status, aos, adjustment of status
aos, adjustment of status, marriage: Hi, Upon marriage, you can sponsor your husband so that he can continue to remain in the U.S. until his adjustment of status interview (which you will also need to attend in order to show bonafide marriage), at which point he will become a resident of the...

Immigration Issues: About approved VAWA's and Children's Status for College, uscis gov, applying to colleges
uscis gov, applying to colleges, economic necessity: Hi Nick, Based on the information you provided me, it seems you and your mother may be eligible to apply for a work permit. According to the USCIS web page, you can apply for a work permit under the category C-14, which is for individuals under Deferred...

Immigration Issues: Birth Certificate on interview, immigration interview, immigration issues
immigration interview, immigration issues, conferment: Hello Andriy, It is safer to have the original because they may and may not request it. Try getting a copy through your consulate or embassy. If you can t get it through them then just wait and see what the officer tells you at the interview. I were...

Immigration Issues: Canadian student in US, h1b1, visa status
h1b1, visa status, canadian citizen: Hi, You may have meant Form I-20, which is required for students in F1 or M1 status. You must have this form to enter the U.S. I-94 is not normally required for entry to the U.S. (in most cases only an unexpired visa is required), but since you are...

Immigration Issues: COS and Visa change from H1 to L2, L2, EAD
L2, EAD, change of status: Hi, Since the EAD application is not a request for change of status, An EAD application can be filed and you can depart the U.S. The EAD card will normally be mailed to your residence in the U.S., and it will continue to be valid when you come back. ...

Immigration Issues: citizenship interview, physical handicaps, dear madam
physical handicaps, dear madam, citizenship interview: Hello X, You are correct. The special consideration under the circumstances you described is that the person does not have to take the English test but they still need to take a simpler version of the civics test in the language of their choice. ...

Immigration Issues: Deciding on the best Visa for my Fiance, fiance visa, immigration benefits
fiance visa, immigration benefits, business visa: Hello Ron, Unfortunately, I can not tell you what to do for the simple fact that only you can decide what s best for you. But I will tell you this, it s always safer to apply for Immigration benefits here in the United States than anywhere else in the...

Immigration Issues: Deportation risk?, valid passport, immigration attorney
valid passport, immigration attorney, american citizen: Hello Sherette, It sounds like right now you our out of legal status. In other words your right to be in the United States has expired and therefore you are subject to being removed from the U.S.A. As for how the T.S.A. will handle your case if you...

Immigration Issues: deportation after conviction, immigration issues, conferment
immigration issues, conferment, strict requirements: Hello Chris, Unfortunately, No, you can not have your brother immediately deported. He has to complete the terms of his sentence first and then he will be deported. Immigration has no say or jurisdiction over the criminal aspect of your brother’s sentence....

Immigration Issues: Extension for H1 beyond 6 years, H1B extension, 6 years
H1B extension, 6 years, six years: Hi, You can request the one year extension beyond six years at the same time that you recapture time spent outside the U.S. Therefore, you can request the extension for 1 year plus 5-6 months that you were outside the U.S. Regards, Ajay K. Arora, Esq....

Immigration Issues: effect of simple assault on naturalization, anger management classes, character questions
anger management classes, character questions, anger management: Hello Joe, If your wife was only arrested and not convicted you have nothing to worry about. Yes, USCIS may question her character but she has more good than bad things against her. One, being that the person she allegedly assaulted was you and not someone...

Immigration Issues: how to extend visa, visitor visa, immigration issues
visitor visa, immigration issues, conferment: As for how long it will take them to give you an answer, I really don t know the answer to that question. If it s to care for a loved one, you may want to submit your sister in laws medical records and pretty much how your participation is needed and important....

Immigration Issues: F1 to I485 based on marriage to U.S.C., LPR, AOS
LPR, AOS, marriage: Hi, Your wife should now file adjustment of status (AOS) application. She will come a permanent resident upon approval of AOS, since you will have been married for at least two years at time of AOS approval. Regards, Ajay K. Arora, Esq. www.h1b1.com...

Immigration Issues: filing for I-130 amd I-485 questions, tn visa, immigration issues
tn visa, immigration issues, canadian citizen: Hello Feto, What ever you answer Immigration will know or find out. It s best to put down the expiration date of his I-94 so that Immigration knows what type of case they have. Best Regards. Yasenia Conde Disclaimer: The information...

Immigration Issues: filing a I 130, fiance visa, country of turkey
fiance visa, country of turkey, tourist visa: Hello Erin, Your question is a little involved but I will answer them as clear as possible to try to give you a clear picture to ease your mind a little bit. Trust me you are not the only one that feels confused. :) 1. In general he shouldn’t be denied...

Immigration Issues: Green Card and divorce, immigration issues, conferment
immigration issues, conferment, money issues: Hello Guilherme, Truthfully, I do not know. What I can tell you is that she may certainly try to revoke your card, however it will be up to INS to investigate and make the final decision based on what they find. I suggest you consult with an Attorney...

Immigration Issues: H1-L1 query, H1B, cos
H1B, cos, L1: Hi, When the Consulate issues you the L1 visa stamp, they will normally cancel the H1B visa stamp. You can then enter the U.S. only for the purpose of employment with the L1 employer. Any company can file an H1B petition for you requesting COS, and...

Immigration Issues: Im F1 student and my brother is american citizen, f1 status, citizin
f1 status, citizin, immigration issues: Hello Basheer, Yes, your brother can petition for you but the wait is of about 7 to 10 years depending what country you are from. I know it s a long wait but I would have your brother do it anyways, after all time will pass no matter what. Under...

Immigration Issues: Immigration TPS. Two misdemaenors, criminal law attorney, immigration consequences
criminal law attorney, immigration consequences, clerks office: Hello Francis, It sounds like both charges were misdemeanors and Yes, 2 misdemeanors or 1 felony will disqualify him from TPS. What I would do in his case is go back to the court house were he saw the judge and go to the clerks office and request a copy...

Immigration Issues: immgration hold, immigration issues, immigration and customs enforcement
immigration issues, immigration and customs enforcement, immagration: Hello Mem, That means the person is subject to Immigration review by ICE. Immigration and Customs Enforcement will pick up the person from where they are being detained and review their legal status to see if they can remain in the U.S. or be deported....

Immigration Issues: immigration question, immigration judge, immigration issues
immigration judge, immigration issues, immigration attorney: Hi Diane, Your situation is complicated and delicate. If your husband was previously deported it will be difficult to bring him back. 1. It will depend on why he was deported. 2. If INS or an Immigration Judge impose a bar on him. Sometimes these...

Immigration Issues: Can an international (F-1) student sue a school?, civil law suit, associate degree program
civil law suit, associate degree program, immigration authorities: Hello Uran, Yes, you can certainly file a consumer complaint with the attorney general, that s for sure. You may also be able to notify Immigration authorities if you believe this was a scam from the school to international students. You can also file...

Immigration Issues: k-1, refugee rights, immigration issues
refugee rights, immigration issues, conferment: Hello Priya, You may want to speak to a lawyer or a non profit organization that deals with immigration issues. I am not an attorney so I do not know if you have a case under VAWA for emotional abuse by a U.S.Citizen spouse. I do not know were you...

Immigration Issues: L1A question, L1A, L1
L1A, L1: Hi Sudha, The L1 petition that is filed should request extension of status so that the approval notice (Form I-797) issued by the USCIS will have an I-94 attached to the bottom. This will allow you to continue to remain in the U.S. and remain employed...

Immigration Issues: L2 - H1B and EAD Immigration Query, change of status, COS
change of status, COS, L2: Hi, L2 status with EAD allows for employment with no restrictions. If your husband s H1B petition is approved and change of status granted to H1B, then he will automatically be in H1B status and will no longer be in L2 status, since USCIS allows for...

Immigration Issues: marriage visa, marriage visa, hello dawn
marriage visa, hello dawn, immigration issues: Hello Dawn, You can petition for your husband while he is here in the U.S. but at some point his visa will expire so he will be technically stuck here in the U.S with out being able to leave the U.S. The good news is that if you petition for him he...

Immigration Issues: Petition for step child, immigration issues, dna test
immigration issues, dna test, conferment: Hello, The worse they can do is require you and your child to take a DNA test. Good Luck Yasenia Conde www.condelegalsolutions.com Disclaimer: The information provided on this web site and www.condelegalsolutions.com is...

Immigration Issues: Re-entry after Deportation, immigration issues, immigration officials
immigration issues, immigration officials, conferment: Hello Amy, It really depends why he was deported and who deported him. Was it Immigration officials or was it a Judge. You may need to request a waiver because he has been previously removed even though the 5 year bar passed. Good Luck! ...

Immigration Issues: Regarding change from F1 to green card, I-130, F1
I-130, F1, EAD: Hi, If your husband files an I-130 petition, you will have shown an intent to immigrate to the U.S., which is not consistent with maintenance of F1 status, and therefore I do not recommend that an I-130 petition be filed if the sponsor is not a U.S. citizen....

Immigration Issues: Sponsoring parent, b1 b2 visa, immigration issues
b1 b2 visa, immigration issues, conferment: Hello Irfan, If your mother’s I-94 expires before her I-485 is approved, yes, technically she will be out of status. Best Regards Yasenia Conde www.condelegalsolutions.com Disclaimer: The information provided on this web site...

Immigration Issues: OUT OF STATUS, H1B, H1B revocation
H1B, H1B revocation, H1B transfer: Dear David, Even if Employer A has revoked the petition, you are currently maintaining H1B status since Employer B filed an H1B petition for you as well prior to the revocation of the H1B petition through Employer A. However, if Employer A has revoked...

Immigration Issues: will I be subjected to H1B visa cap again?, H1B, H1B transfer
H1B, H1B transfer, H1B visa cap: Hi, You will still not be subject to the visa cap even if your employer revokes the petition and you depart the U.S. within 10 days (there is a 10-day grace period in H1B status), and this holds true and even if another company does not file an H1B transfer...

Immigration Issues: My wifes green card, permanent resident card, immigration issues
permanent resident card, immigration issues, conferment: Hello Kenneth, Your wife can either keep renewing her green card or she can become a U.S. Citizen by applying for Citizenship. Best Regards, Yasenia Conde www.condelegalsolutions.com Disclaimer: The information provided on this web...

Immigration Issues: work permit, i 485 application, immigration issues
i 485 application, immigration issues, conferment: Hello Kayla, As for how long it takes, it really depends on the service center that is reviewing the case. On some occasions I have seen it take up to a year. Yes, they could have filed the I-130 and the I-485 simultaneously. Yasenia Conde ...

Immigration Issues: working permit renewal, immigration status, i 485
immigration status, i 485, immigration issues: Hello Gaile, Yes, you should renew your work permit. The fee for Immigration is $340 and also mail 2 passport style photos of yourself along with your application. Your current immigration status for the work pemit application only, is pending I-485...

Immigration Issues: I-130, i 485, chicago post
i 485, chicago post, local office: Everything goes to Chicago - If you filed I-130 for husband in Vermont, you might want to consider filing a new complete packet for him as well in Chicago. They medicals and many other things to support forms. Let me know if you need/want a good attorney to...

Immigration Issues: I-130 Bene Address, address section, student visa
address section, student visa, uk address: Put her current address. The embassy in Sri Lanka has to accpet her since she is a citizen there. You can list London as the Embassy you would like to her to be intervieed at but it is discretionary and alot of times they say they are too busy with their own...

Immigration Issues: I-130 for sister, affidavit of support, uk citizen
affidavit of support, uk citizen, uk address: As a UK citizen she can visit here 90 days at a time as often as she likes. If she doe snot intend to love here why are you filing for her green card? This case will take about 15 years to get approved! You will have to file an affidavit of support as the...

Immigration Issues: 245i, green card lottery, lottery dv
green card lottery, lottery dv, grandfathering: Unfortunately, your mother s petition for you can not help him. If you were married back then, your mother could not have applied for you because permanent residents can not sponsor married children. Since you were not married, his name was not listed on the...

Immigration Issues: I-601 Waiver Processing Time, uscis gov, security clearances
uscis gov, security clearances, job offer: You should make an infopass appt at www.uscis.gov and go into the local office and check on the status of the case. Assuming everythin else is in order, your husband would not be interviewed any more so you could take the job and he could move to you after...

Immigration Issues: I-751, joint accounts, card approval
joint accounts, card approval, form i 751: It goes to the service center having jurisdiction over the state you live in. You need to send in all evidence of marraige from time of 1st card approval until now - joint bills, taxes, joint accounts, photos etc. Depending on how much evidence you supply,...

Immigration Issues: i-824, immigrant visa interview, receipt number
immigrant visa interview, receipt number, approval notice: You can call 18003755283 and ask them to mail you another approval notice. You will need the receipt number from I-824. The next step is to take the approval and have your wife contact the US embassy over there to inquire about getting an immigrant visa interview....

Immigration Issues: I-864, recourse, tax return
recourse, tax return, cambodia: The first case to come through he needs enough income to cover the family of 4 plus the number of people on his tax return including him. for the second case he will need enough for that family of 4, the 1st family of 4 and the number in his household. ...

Immigration Issues: I-864 Affidavit of Support, job offer letter, us spouse visa
job offer letter, us spouse visa, affidavit of support: If you did not file taxes in US in any of the last 3 years, you will need a financial cosponsor to supply their taxes, job letter and proof of green card or USC. You will also have to file an affidavit as to why you did not file and submit the job offer letter....

Immigration Issues: I-94 extension, timely request, maximum period
timely request, maximum period, uscis: Extensions are low priority items for Immigration. They are not likely to receive a response before June. When they leave they should always keep with them the receipt as proof they filed a timely request. If denied they need to leave within 30 days. Visa...

Immigration Issues: Application Denied, valid marriage, mail
valid marriage, mail, permanent resident: This is hard to answer since I don t know why your last petition was denied. But if you become a US citizen, and the marriage is a valid marriage, and there is no bar against your husband applying, then yes, you can apply again, and he will benefit from an...

Immigration Issues: aplying for green card, american lawyer, visa waiver
american lawyer, visa waiver, us embassy: It would obviously get you here quicker to just come over on visa waiver and then file for your green card here. I would travel apart from your wife so they do not question you about your intention to stay. You can use an American lawyer whether the papers...

Immigration Issues: B1 - viviting Visa, b1 visa, student visa
b1 visa, student visa, tourist visa: You would have to qualify for student or work status and prove that you did not intend to come here to work or school when you came as a tourist. It would be easier to apply for a student visa to begin with. You can not work on tourist visa or first year of...

Immigration Issues: b1/b2 visa extension, b2 visa extension, b1 b2 visa
b2 visa extension, b1 b2 visa, german citizen: When you go to Canada on stays of 30 days or less you get the same I-94 so that would not extend your time. You can file a form I539 to extend and ask for an extra month or so and then just leave after the 10 days you need. Carry with you copies of the extension...

Immigration Issues: Canadian Citizen in the USA, canada passport, h1 visa
canada passport, h1 visa, canadian passport: For H-1 you need a bachelors degree and an employer in that field with a job offer that requires a bachelors degree. There is a quota on H-1s and no more are available until 10/08 though they need to be applied for on 4/1/08. Canada passport would be better...

Immigration Issues: Canadian student and US citizen student...marriage?, visa formalities, visa sponsorship
visa formalities, visa sponsorship, f1 visa: Ola, If you future husband is going to be in the US on an F visa and he is going to continue his studies then your getting married a few months after he arrives on his F visa will probably be seen as OK. If you two are planning on getting married as soon...

Immigration Issues: Change of status, national visa center, preference category
national visa center, preference category, marriage certificates: You should write a letter with a copy of the divorce and marriage certificates. Your son is now in the 3rd preference category line and your daughter is now in the 1st preference category line. If the baby was born abroad, you need to give a copy of the birth...

Immigration Issues: Change of status, marriage and divorce, luck mark
marriage and divorce, luck mark, mark ashley: Sofia, You do not need to notify the USCIS about the changes. The applications will automatically convert to the respective categories based upon the marriage and divorce of each. They will however retain their original priority dates. Good Luck Mark...

Immigration Issues: change of status from B2 to F1, b2 visa, admission officer
b2 visa, admission officer, multiple entry visa: Unlikely. The first step is to get the school to accept you. Then you file. But please note you need to prove you have the ability to pay the tuition and fees. If you cannot prove this, then you will be denied, and you will have lost your B visa. No doubt...

Immigration Issues: change of staus, adjustment of status, interview question
adjustment of status, interview question, staus: 10 year card - there are no more permanent cards - the residence is good forever but the card needs to be renewed every 10 years if she does not become a citizen in the meantime. Since you are marie dmore than 2 years she will get the 10 year card. Regards,...

Immigration Issues: Denial of tourist visa for parents, u s embassy new delhi, new delhi india
u s embassy new delhi, new delhi india, immigrant visas: How long have you had a green card? The fastest way to get them here is to become a citizen, when you are eligible ( 5 years after getting green card) and apply for Immigrant visas for them. Otherwise, the officer shave too much discretion to deny toursit...

Immigration Issues: Divorce with i-485 case pending, good faith, card holder
good faith, card holder, green card: You can not file an I-485 when your guy is only a green card holder until the I-130 is approved and the filing date is current. This will take about 5 years unless he is eligible to become a citizen before that. You will become out of status as soon as the...

Immigration Issues: Divorce L2, l2 visa, work in the usa
l2 visa, work in the usa, politeness: Why the low rating on politeness? What would have been a polite way to say you need to find a new status or leave? Seems you forgot that you are getting free information. Also seems like you are bitter about your ex. Find Mr, right, get married and file for...

Immigration Issues: DUI and immigration consequences, implied consent law, immigration consequences
implied consent law, immigration consequences, i 485: Wait until your interview and tell the officer then that you were confused about the wording traffic violations. Those relaly refer to things like cell phone/seat belt/ going thru red lite type things. Bring a certified disposition to your interview. ...

Immigration Issues: divorce, auguest, marraige
auguest, marraige, safe place: If you file together and he gets a divorce or refuses to go to the interview, you will have to refile. If there is any chance of him not going to the interview or filing for the divorce in the next year to year and a half, gather your marital evidence and...

Immigration Issues: divorcing a u.s citizen, uk citizen, british citizen
uk citizen, british citizen, touble: Your a Uk citizen so you should not have trouble going back to your country. Trying to come back here may be a bit hard as a tourist as they will think you are going to try and marry an American again adn try to stay again. If you stay here illegally and get...

Immigration Issues: doubts on L1 and H1 visas, luck mark, mark ashley
luck mark, mark ashley, status application: Madhu, It should not create a problem. Understand that you cannot enjoy both status as an H1 and L1 at the same time while in the US. Your status will be determined by which visa you enter the country. If you wish to change status in the US you have to...

Immigration Issues: EB2 question, degree holder, eb
degree holder, eb, bachelor degree: Francis, Experience gained from the employer who is also the petitioner is discounted unless the jobs were substantially different. I would advise you to file your PERM application either in EB-2 or EB-3 ASAP. For Malaysia the priority date is currently 01JAN05....

Immigration Issues: extend B2 tourist stay through trip to Canada while awaiting immigration visa, immigration visa, affidavit of support
immigration visa, affidavit of support, visa extension: Based on your circumstances, you should forget about extensing the B2 and file for adjustment of status here. Your wife does not need to be interviewed there. She can do everything here. After filing she can get a work permit and then her green card interview....

Immigration Issues: from F-1 visa to GC, citizin, actualy
citizin, actualy, wht: Your husband can file a petition for you now. You do not have to leave the country. When he is eligible to file for citizneship he should and then when he gets citizenship, you can file to get your interview here. You will not be able to get financial support...

Immigration Issues: F1 to H1, visa application, h1b
visa application, h1b, month of august: First of all, there is no guarantee your application will be selected. There are only 65000 H-1 available per year and Immigration receives more than 65000 applications on 4/1. They do a lottery and if you are not chosen your application will be rejected....

Immigration Issues: F1- H1B, random lottery, prospective employer
random lottery, prospective employer, verifications: You can not apply this year since you will not be awarded your degree until May and the first day of filing is 4/1/08. Immigration gets so many H-1 applications on 4/1/08 that the H-1 quota will run out on that day and they will do a random lottery to chose...

Immigration Issues: F1-H1B Issues, h1b visa, honors publications
h1b visa, honors publications, luck mark: Tamer, Some universities have their own way of doing things. Of course it is preferable for you to get a three year H1b and it would be cheaper for them as well. If your position is funded only for one year some universities feel justified to only get an...

Immigration Issues: F1- to marriage, dominion republic, american citizen
dominion republic, american citizen, husban: Patricia de hostos, If you marry a US citizen then you would need to file for your Adjustment of Status application. You will be called for an interview to make sure that your marriage is bona fide and on approval would lead to a green card. This process...

Immigration Issues: Family Immigration - step children, family immigration, stepkids
family immigration, stepkids, green cards: How old are they?If they arfe under 18 when you marry - you can apply for green cards for your husband and 2 stepkids. If they are over 18 when you marry, they must wait for their father to get green card and then he can file for them but it will take a few...

Immigration Issues: Filing another labor under for same employee, backlog center, paystubs
backlog center, paystubs, net assets: Your current case can get approved, if they issue you a 1099 showing they paid you the going rate for the each year 2003/2004/2005 and 2006/20007 and paystubs for 2008. They can file a Perm for you but this will delay your case a long time. Regards,...

Immigration Issues: Filing of PERM labor certification, backlog center, h1b1
backlog center, h1b1, eta 9089: Hi Anil, Your employer can file a PERM application for you. However, the PERM application will have a new priority date. In other words, you cannot maintain the priority date of the certified labor application. When the PERM application is approved (it...

Immigration Issues: Filling form i-751 form, tax obligations, form i 751
tax obligations, form i 751, green card: If you do not work in the U.S. or on a U.S. payroll you are not required to file taxes. As far as your I-751 the more time you spend apart the harder the case will be to remove the conditions. You need to have joint bills, taxes, accounts etc. Regards,...

Immigration Issues: Former J-1, now F-1 wanting to get married, hardship waiver, summer vacations
hardship waiver, summer vacations, phd program: Yes you can. Getting married does not require filing paperwork on a specific date. You could also file for a hardship waiver to your US citizen husband and show proof you have complioed with 20 of 24 months and you may get a waiver of the remaining 4 months....

Immigration Issues: H1 Transfer after getting 221g
Immigration Issues: H1 Transfer after getting 221g

Immigration Issues: f1 to GC thru marriage from GC holder, citizin, adjustment of status
citizin, adjustment of status, actualy: Kam, You cannot apply for GC immediately based on your marriage to a US resident. Depending on your country of birth you may have to wait for more than couple of years before you can become eligible to file for your Adjustment of status. Sincerely, Ramasamy...

Immigration Issues: f2b petition withrawal, family petition, immigration consultant
family petition, immigration consultant, visa bulletin: If you are married your f2b petition could not have gone through anyway. Permanent residents cannot petition married children. Your husband and kids can come with you but you would be in the F3A category which is backed uo to May 2000. Regards, Rober...

Immigration Issues: i filed I130 for husband, robert hollander, i130 form
robert hollander, i130 form, possible light: You can file the I-212 now. The I-601 can not be filed until he is called in for his interview in his home country. Personally, I think it is better to have an attorney for this case. The standards for th I-601 are very high and the case needs to be presented...

Immigration Issues: green card, reentry, green card
reentry, green card, immigration: They do not like trips over 6 months but they can not take the green card away unless you stay out more than a year at a time. If you need more than a year you can file for a reentry permit to be able to stay out 2 years at a time. Regards, Rober...

Immigration Issues: About H-1, approval notice, approval letter
approval notice, approval letter, pay stub: Manish, You can move to company A as long as the H-1B has not been revoked and continues to be valid. As to whether the USCIS will ask for the Comp. B approval notice, they may, but I think they will not do so. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: H-1, immigration officer, approval notice
immigration officer, approval notice, paystubs: Roma, There are no rules to say that the supporting documents is sufficient or not. If the immigration officer wants additional evidence he will ask for it. But generally the recent paystubs and the H approval notice along with the F-1 supporting documents...

Immigration Issues: H1 application, luck mark, mark ashley
luck mark, mark ashley, l1: Vinay, Your L employer will not know what you have filed. There is no cancellation of the L by virtue of your filing an H. However if you enter on H then you are on H status. Likewise if you enter on L you will be considered on L status. Good Luck Mark...

Immigration Issues: H1-B - getting married, h1 b visa, citizen
h1 b visa, citizen, job: If your boyfriend is a US citizen, when you get married he can file for you. You can continue to work for H-1 employer until you get a work card through your husband s application. When you get the work card, you can work for anyone. Regards, Rober...

Immigration Issues: H1 B transfer , but not Pay stubs, worst case scenario, h1b transfer
worst case scenario, h1b transfer, employer files: When your new employer files for H1 transfer, Immigration may ask for paystubs from your current employer, when you can not provide them the case can be denied. They do not notify youjr current company of the pending application. The application for transfer...

Immigration Issues: H1 B transfer , but not Pay stubs, worst case scenario, h1b transfer
worst case scenario, h1b transfer, paystubs: Vinod, The USCIS may or may not ask for paystubs to approve your H-1B application with your new employer. Even if they do, an argument can be made that you are still an employee of the current company despite not being paid. The worst case scenario, would...

Immigration Issues: H1-B Visa Transfer, h1 b visa, receipt notice
h1 b visa, receipt notice, company b: If it gets denied you can stay working for A. You can start working ince the case is filed. Premium processing will get a response within 15 business days. If they ask for more info, they get another 15 days from when they receive the response. Regards,...

Immigration Issues: H1-b visa to H4 visa conversion, h1 b visa, visa issuance
h1 b visa, visa issuance, visa extension: Hi Jaya, In order to be granted extension or change of status, you normally must file the appropriate application before the I-94 expires. My recommendation is for you to travel abroad to be issued H-4 visa at a U.S. Consulate. When you enter the U.S.,...

Immigration Issues: H1-b visa to H4 visa conversion, h1 b visa, visa extension
h1 b visa, visa extension, receipt number: Jaya, When you state that you applied and I checked and sent application fee wrong do you mean your employer/lawyer who filed your H-1B. Because H-1B applications are to be filed by the employer. You also need to provide information on the basis your...

Immigration Issues: H1 Transfer after getting 221g, definite rule, share your opinion
definite rule, share your opinion, i797 form: Dinesh, There is no definite rule on this, but I think that it is possible. But you better make sure that your new employer will be able to provide all the documents in the event if a 221g is issued again. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: H1 Transfer in process - Travel abroad, approval notice, extension period
approval notice, extension period, time of entry: Goga, Generally speaking, since it is an extension of your H visa, travelling outside the US during the process is permitted. If the H is approved prior to your return you would need to obtain the approval notice and present it at the time of entry. This...

Immigration Issues: H1 transfer, h1b, vacation time
h1b, vacation time, thanks in advance: You are not entitled to 7th year until your labor cert is pending one year. So you can not apply before 9/4/08. You can ask for recapture time. You do not need premium processing, since you are already in H status, you can start working for new employer upon...

Immigration Issues: H1 transfer without paystubs, h 1b visa, pay stubs
h 1b visa, pay stubs, h1b1: Hi Kondala, You are now currently in H-1B status through Co. B. Therefore, for you to be granted extension of H-1B status through Co. C, you would need at least a couple of paystubs through Co. B. Alternatively (if you do not have paystubs through Co....

Immigration Issues: H1 Visa stamping after OPT expiration, h 1b visa, h1 b visa
h 1b visa, h1 b visa, mexico canada: Sai, Since I do not have the date when the H-1B becomes effective, I am stating a general rule. 1) You are no longer in F-1(OPT) from the start date on your H approval. 2) You do not need to have an H-1B visa stamped on your passport to continue working...

Immigration Issues: H1B, luck mark, mark ashley
luck mark, mark ashley, h1b: Sunil, Congratulations on you impending marraige. Once your get married you then your wife can file for an H4. It cannot be done in advance of the marriage. It does not matter that you were not married at the time you originally filed for the H4. Good...

Immigration Issues: H1B extension, 9 months, 6 years
9 months, 6 years, beneficiary: Neil, An H-1B beneficiary if employed can stay in the US for 6 years. He can recapture any period of stay outside the US. In your case the 6 year clock will start only after you enter the US on H visa. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: from H1B to a Green Card, luck mark, status application
luck mark, status application, mark ashley: Nataly, You can be on H1 status and also have a pending adjustment of status application. Prior to this you have to obtain either a PERM approval or if eligible you can overcome the labor certification process by other means. Good Luck, Mark Ashley www.ashleykrishnan.co...

Immigration Issues: H1B visa holder marrying Illegal Alien, visa holder, illegal alien
visa holder, illegal alien, fiancee: In order to get H-4 status, she would have to apply for the visa abroad, sicne she fell out of status. They may hold it against her that she overstayed. If she gets H-4 she can not work but would be able to go to school without going back to F-1. Regards,...

Immigration Issues: H1or EAD, exercise physiologist, immigration issues
exercise physiologist, immigration issues, bachelors degree: Jyothi, Answers: 1) I am not sure what you mean by Directly for EAD if my employer agrees . I do not think that there is a provision for your employer to do so. 2) YES 3) If the job does not require a Visa Screen. Sincerely, Ramasamy Krishnan...

Immigration Issues: H4 to H1 COS, consultancy company, paystubs
consultancy company, paystubs, ramasamy: Ram, Answers: 1) Yes you have the option of H-4 or H-1B. But make sure that the employer continues to have a bonafide job opening and can provide the consulate with the relevant documents. (such as projects...) 2)The consulate officer will request pay...

Immigration Issues: H4-h1 & stamping., third country nationals, visa applications
third country nationals, visa applications, luck mark: Sabitha, You could get your visa stamped at any US consulate provided the consulate agrees to take visa applications from third country nationals. Canada and Mexico do so and if there is some problem in the process at either consulates you can reenter the...

Immigration Issues: Help, we were married during my husbands deportation, deportation, us embassy
deportation, us embassy, citizen: You can fiel the I-130 now. The I-601 can not be filed until after he is interviewd at the US embassy which may take about a year or so. He also needs a I-212 for the fact he was ordered deported. The I-212 should be filed after the I-130 is approved. Your...

Immigration Issues: Husbands H1 transfer in process. Can I apply for H4 now??, extended stay, thanks in advance
extended stay, thanks in advance, visa: Jeni, You can apply at any time, provided your husband is able to provide all the supporting documentation related to his work. It would be better for you to apply after the approval since on entry to the US your I-94 will reflect the extended stay period....

Immigration Issues: Husbands H1 transfer in process. Can I apply for H4 now??, luck mark, mark ashley
luck mark, mark ashley, thanks in advance: Jeni, You could probably come to the US on an H4 now but you would probably be processed based upon your husband s old H1. In other words if his old H were to expire in 2009, your H4 might be granted only until that date in 2009 and then you would have to...

Immigration Issues: h1 extension, living in dubai, sukam
living in dubai, sukam, port of entry: Sukam, 1) It is I-94 and not I-97. He can work beyond the date on his I-94 by filing for an extension. 2) YES 3) You can enter only after approvalof the extension or with him 4) I have answered this question in my previous email. Sincerely, Ramasamy...

Immigration Issues: hardship waiver, uscis gov, hardship waiver
uscis gov, hardship waiver, registered nurse: You can check procesing times by going to www.uscis.gov. What state does your husband live in? You need to know this to figure out which service center the I-130 goes to. In any event the I-130 will take several months. The I-212 can be filed anytime even...

Immigration Issues: Illegal Immigration, immigrant visa interview, mexican citizen
immigrant visa interview, mexican citizen, voluntary departure: He is subject to the 10 year bar for his illegal presence here. Before he can come back, he will need an immigrant visa interview and then he will need to file the I-601 waiver for his prior illegal time here. If he can not prove he left by the date he was...

Immigration Issues: Immigration, pay stubs, 1b petition
pay stubs, 1b petition, h1b1: Hi Rahul, In order to change status to F-1, you should provide evidence that you are currently maintaining H-1B status. Therefore, you should be ready to provide H-1B approval notice and recent pay stubs. These recent pay stubs should be from Co. A, but...

Immigration Issues: Immigration, employer employee relationship, pay stubs
employer employee relationship, pay stubs, pay stub: Rupa, You have no other alternative than provide the documents that you have if you wish to stay in the US and change to F visa. You can submit a letter from your employer stating that you are currently employed. There is a possibility that the USCIS will...

Immigration Issues: Immigration, 1b petition, 1b status
1b petition, 1b status, arora: Hi Vijaya, If Co. Y has not revoked their H-1B petition, and assuming that it has not expired, you can go back to work for Co. Y immediately. You will continue to be in H-1B status without any further action. The following webpage from our website may be...

Immigration Issues: Immigration, luck mark, mark ashley
luck mark, mark ashley, h1: Vijaya, It it my opinion you can just return to the original company y. Assuming you company y will take you back and has not canceled the original H1, you can go back to the original company and they do not need to file a new H1 for you as the original...

Immigration Issues: Immigration, receipt notice, pay stub
receipt notice, pay stub, company b: Garima, It is impossible to state what the USCIS will ask for, since you do not have your Company B receipt you need to file without it. As to the problem of the pending H since you continue to working for company A, I do not think the pending H application...

Immigration Issues: Immigration, last date, may 1
last date, may 1, letter stating that: Kumar, The best option would be to obtain the I-20 and apply for the change to F as soon as possible and not wait until May 1st. You need to be in status when you apply for a change of status so it would be preferable that the letter state that you are currently...

Immigration Issues: Immigration, 1b petition, h1b1
1b petition, h1b1, 1b status: Hi Garima, Actually, I stand corrected. Since you are still continuing to work for Co. A (and I assume have not joined Co. B concurrently), then the F-1 application can be filed requesting change of status from Co. A. I recommend withdrawing the H-1B petition...

Immigration Issues: Immigration, affidavit of support, h1b1
affidavit of support, h1b1, uscis: Hi Rahul, Your credit history will have no bearing on F-1 approval, since the USCIS does not routinely check credit history when adjudicating applications. The USCIS will look at the I-20 and any evidence that you have attached indicating whether the...

Immigration Issues: Immigration, luck mark, mark ashley
luck mark, mark ashley, consular officers: Rojan, My vacation was quite good. Thank you for asking. In your case switching to F1 from H1 should be relatively easy if you are in the US. Many of my clients have been able to do this with little or no problem. It is more difficult for individuals...

Immigration Issues: Immigration, uscis, processing times
uscis, processing times, passport: Rupa, I am not sure exactly how long it would take but it approximately takes around 5-6 months to change your status from F to H based on current processing times. If they reject your change of status you continue to be on H status provided it is valid...

Immigration Issues: Immigration, h1b1, 1b status
h1b1, 1b status, arora: Hi Megha, Since you are continuing to work for Co. A, there will be no problem if change of status to F-1 is filed and you attach pay stubs only from Co. A. Co. B can be left out of the picture altogether...you are continuing to maintain H-1B status...

Immigration Issues: Immigration, luck mark, mark ashley
luck mark, mark ashley, uscis: Rupa, To switch from H1 to F1 usually takes a few months. You should not have to leave the country and you would certainly not have to go back to your home country. If your F1 is denied and your H1 is still valid you could continue to remain employed with...

Immigration Issues: About Immigration, form i 797, 1b petition
form i 797, 1b petition, h1b1: Hi Megha, Co. B cannot revoke Co. A s H-1B petition. Therefore, if you continue to be employed by Co. A., you will maintain H-1B status unless Co. A itself revokes its petition, or unless the H-1B approval notice (Form I-797) expires without Co. A filing...

Immigration Issues: Immigration, h1b1, 1b status
h1b1, 1b status, status application: Hi, There is practically no risk of fraudulent entry or similar issues as long as you were in H-1 status for at least two months before filing change of status application to F-1. I am assuming that you were maintaining H-1B status for those two months...

Immigration Issues: Immigration, immigrant petition, rahul
immigrant petition, rahul, ins: Rahul, Yes you should intend to return home. There is no need for you to provide such evidence (I do not know how you can prove this) while applying for a change of status. However, if you have a pending immigrant petition then USCIS will not approve your...

Immigration Issues: Immigration, visa holders, approval letter
visa holders, approval letter, day grace: Vijaya, Yes. You need to maintain status between May 2008 (technically from July 2008 since F visa holders are given a 60 day grace period) to Oct 1, 2008. I have a question, does your employer have an attorney? If there is one involved he/she should have...

Immigration Issues: Immigration / Marriage, confidential marriage license, f1 visa
confidential marriage license, f1 visa, i 765: You file I-130/I-485/I-765/G-325 for each of you/I-864/I-693 and 693A with required fees and documents. You can be married at city hall or privately but need the certificate in order to apply for green card. Let me know if you need a good lawyer to process...

Immigration Issues: INS, gren card, working in usa
gren card, working in usa, american citizen: If she does not show any or enough income on her taxes, your case can still go through if you get a co-sponsor ( a fmily member or frined who has a gren card or citizenship and who will submit their taxes, job letter and proof of USC ro green card. Regards,...

Immigration Issues: ice hold -mother is us citizen, voluntary deportation, drug conviction
voluntary deportation, drug conviction, voluntary departure: Because of the drug conviction, he is not eligible for relief. Since he left but not for the required 5 years, he may or may not be given anew hearing, but ultimately he is not eligible for anything - even if both parents spouse and 50 kids are citizens. ...

Immigration Issues: immigrant visa, ciudad juarez mexico, getting a visa
ciudad juarez mexico, getting a visa, immigrant visa: If you entered the country legally with a visa back in 1997, you do not have to and should not go abroad for your interview and can file I-485s here. This is true even if you overstayed your time. If you came in illegally, you will have to go to an embassy...

Immigration Issues: immigration, j1 visa, american citizen
j1 visa, american citizen, residency requirement: If his J-1 is not subject to 2 year foreign residency requirement, you can get married and file papers to get his green card without leaving. If it is subject to the 2 year foreign residency requirement, you have to get a waiver of that requirement before...

Immigration Issues: J-1 to O-1 visa and 2 year residency rule, first visa, uk citizen
first visa, uk citizen, luck mark: Steve, I have done this many times for my clients. To circumvent the 212e requirement, an O or E visa may be the solution. To confirm whether you are subject to the 212e requirement, you should send a letter to the Dept of State asking for an advisory opinion....

Immigration Issues: from J1 to Green Card, section 212, card case
section 212, card case, j1: The green card case will take a number of years. You can try to change to H-1, but you must apply on 4/1/08 as the quota for H-1s will probably be reached that day or shortly thereafter. You can also change to H3 but that is not likely to keep you legal here...

Immigration Issues: J1 waiver, visa availability, uscis
visa availability, uscis, persecution: Sajid, It does not make sense to me either. As to how J-1 waiver is connected to H visa availability. Previously, I have applied for H with the DOS recommendation and USCIS has approved both the H and J waiver. But recent reports from the USCIS suggest that...

Immigration Issues: K1 or CR1 visa, k1 visa, cr1 visa
k1 visa, cr1 visa, immigrant visa: It would be a K3 not a K1, since you are already married. Once he gets here with K3 or Immigrant visa he can work legally. Where you married does not change anything. K3 would be faster to get here but it will take longer to process the green card once you...

Immigration Issues: L1 to F1, l1 visa, mark ashley
l1 visa, mark ashley, business school: Kunal, If in the US you have to apply for a change of status from L1 to F1. If in India you have to file for an F1 visa. The process is similar to your processing the L1 visa but it has different requirments. If in the US if you change from L1 to F1...

Immigration Issues: L1 to H1, consular processing, h1b
consular processing, h1b, quota: Sub, She can continue to work on L-1 until Oct 1st or the H-1B start date. She can also continue to work on L if her H-1B is filed as consular processing and not as a change of status. In this event she would need to re-enter on H visa to work on H status....

Immigration Issues: L1 to H1B, i 485, visa
i 485, visa, job: You can file for change of status from L1 to H1. If your I-485 is pending mor than 180 days, you can use the work cvard you get from I-485 to work for anyone and you may sustitute themas your employer for the I-485 as long as the job is similar and in the...

Immigration Issues: I am on L1 visa, my project is ending. I have question about reentering USA on a different visa, h1b, l1 visa
h1b, l1 visa, april 1st: H4 is for spouse of H-1 - Is your wife already on H-1? If you get selected in H-1 lottery and the petition is approved, if you are out of the US or on your first trip out, you will have to get an H-1 visa stamp. They probably will not do this for you until...

Immigration Issues: L1B to H1B change of status, status application, i 129 form
status application, i 129 form, guess: There are only 65000 H-1 s available each year. They get mroe than 65000 applications on 4/1/08 to start work 10/1/08. You can not file more than 6 months prior to start date. If they wait until 608 to file, there will be no more H1s left. The I-129 form is...

Immigration Issues: L2 to Green Card., luck mark, mark ashley
luck mark, mark ashley, niw: Anurag, 1. Yes. 2. No. 3. If the GC is sponsored by the employer then it would be based upon his decision which category to sponsor the employee. However, depending upon the the applicants qualifications, the alien could file either an EB1a or an EB2...

Immigration Issues: L2 to H1, first trip, 1s
first trip, 1s, april 1: H-1s are emplyer specific. Youc an not use old petition with new employer. You can file for new H1 on April 1, 2008 for work to begin 10/1/2008. If it is approved, you do can do stamping on first trip out. If you stay here during entire validity of new petition...

Immigration Issues: L2 to H1B, ead, waiting period
ead, waiting period, l2 visa: Vivek, 1) You can apply for EAD only when you are in the US on L-2 status. 2) There is no waiting period 3) A year 4) It would take about 3-4 months, there is an expedited process which would take about 2-3 weeks. Sincerely, Ramasamy Krishnan www.ashleykrishnan.com...

Immigration Issues: Laid off question, luck mark, part time job
luck mark, part time job, mark ashley: Tony, You need to find a job ASAP. There is no time frame specified in the regulations. The USCIS does not know your employment status. The job should be in a related field. If you do get an RFE and you are unemployed then I am afraid that your case will...

Immigration Issues: Leaving the US for a work visa interview whilst waiting for a work permit, travel permission, visa interview
travel permission, visa interview, marriage case: You cant get a travel permit without having the marraig case pending. Once the marriage case is pending, it takes about the same 2-3 months to get a work permit and travel permit. Then you would not need the O because you would have a work permit. Regards,...

Immigration Issues: Letter of completion and I-129, masters student, mark ashley
masters student, mark ashley, degree requirements: PG, Mention the date degree is awarded. Your employer/lawyer should know the rules. It is no big deal as long as you have a letter from the registrar or another with authority from the school stating that you have completed all the requirments. Mark Ashley...

Immigration Issues: leaving the usa, uk citizen, visa waiver
uk citizen, visa waiver, cpl: You are a uk citizen, so you should not have problems getting to UK. If you overstayed more than 6 months, you can be barred from returning to US for 3 years. If it was less than 180 days you should be able to return to US without problems. Regards, ...

Immigration Issues: Marrying a Canadien, uscis gov, h1b1
uscis gov, h1b1, status application: Hi Richard, Your fiance can travel for up to 180 days without a visa. When she visits you, I recommend waiting for at least 2 months before getting married in order to avoid possible fraudulent entry problems in the future. After marriage, the appropriate...

Immigration Issues: marriage, 245i, going to the country
245i, going to the country, befor: TPS is not a way to get a green card, just permission to stay in the country until it is deemed safe to return. Eventually her TPS will not be renewed and then she will be subject to deportation. She could wait here until her TPS expires hoping that a law...

Immigration Issues: married to mexican citizen, form i 130, mexican citizen
form i 130, mexican citizen, ill mother: Rose, You need to file form I-130 along with the supporting documents proving your bona fide marriage and once approved he will be called to the US consulate for an interview and provided with documents to enter the US. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: got married in Romania to a U.S.armed force member, immigrant visa unit, us embassy in bucharest
immigrant visa unit, us embassy in bucharest, k3 visa: If he is in the U.S. now - he must file here. But, once it is filed, he probably could get a Congressman to write a letter to get it adjudicated in an expedited fashion, since he is in the Military. H could also file for a k3 visa for you to try and get you...

Immigration Issues: married and in U.S. and got visa form for F2B process, immigration benefits, visa category
immigration benefits, visa category, h1b1: Hi Anil, Since F2B category only applies to unmarried children of green-card holders, your wife will not be able to obtain any immigration benefits. When your mother-in-law is a U.S. citizen, she can sponsor her daughter (and your whole family will be...

Immigration Issues: New H1B Query, h1b visa, l1b visa
h1b visa, l1b visa, h1 visa: Raj P. If you mean by new visa that they are applying as consular processing, then you can continue to work on L-1 after the date. But to work on H you would either leave the country and enter on H status or apply for a change of status from L to H. Sincerely,...

Immigration Issues: nanny immigartion, b1 visa, immigration attorney
b1 visa, immigration attorney, luck mark: Lu, You can try to get an extension on the B1 visa or you could go through the PERM process. This forum is quite limited and it would be impossible to explain all that would be required for a PERM. I would suggest that you consult with a local immigration...

Immigration Issues: naturalization for I-129F, dear sir or madam, certificate of naturalization
dear sir or madam, certificate of naturalization, k1 visa: In order to get it filed you can fill in the box by saying the certificateis lost and giving a coipy of the passport. In the meantime have him file the N-565 so that if they ask for the certificate number at a later date, he will have his certificate. Regards,...

Immigration Issues: OPT to H1 gap, automatic cancellation, f1 visa
automatic cancellation, f1 visa, f2 visa: Kishan, 1) Yes you can file for change to F-2 2) No, but the H will be approved only after the F-2 application is approved. Which should not be a problem becos the start date is only in October. 3)Will depend on which approval comes the latest. Since the...

Immigration Issues: opt gap to H-1, gap period, grace periods
gap period, grace periods, consular processing: Aili, 1) I would suggest that you obtain the I-20 from your university or kaplan and extend your status to cover the gap. 2) USCIS will approve the H-1B but not the change of status component in these situations. Unless you provide them with the above...

Immigration Issues: Pending F2 application with USCIS, ramasamy, recepit
ramasamy, recepit, strange situation: Jazuran, If you had filed for your F-2 status while in valid F-1 status then you should be fine. You are currently in authorized period of stay while your COS application is pending and you should wait for the decision. Sincerely, Ramasamy Krishnan...

Immigration Issues: Permanent resident alien living outside U.S. for 1 year or more, resident alien status, uk passport
resident alien status, uk passport, reentry permit: If you come here once every 6 months you do not need to do anything. If not, I would apply for a reentry permit that will alow you to stay out for 2 years. You need to be here to file for that so when you return next time you can file the I-131. Regards,...

Immigration Issues: Petition I-130, i 485, adjustment of status
i 485, adjustment of status, employment authorization: Did you mean you file din Octobe 2007? Couldnt be October 2008. Did your mom come with a visa? You should have file dthe I-130 with the I-485 adjustment package. Now you have the chouice of filing a new I-130 with the I-485 package or waiting until...

Immigration Issues: Reg EAD and H1 @ d same time, 1b petition, l2 visa
1b petition, l2 visa, visa cap: Hi Geetha, Your husband does not have to be in the U.S. after the EAD application is filed. A company can file an H-1B petition for him (even if his EAD application is pending or approved) at the beginning of April (he is probably subject to the visa...

Immigration Issues: How can I reinstate a visa petition that was revoked by the death of the original petitioner?”), visa petition, university in usa
visa petition, university in usa, petitioner: The case through your mother can not be used since she died before the I-130 was approved. Withholding of Deportation does not get you a green card, just prevents them from deporting you. Your siblings can file I-130 for you but the case will take 15 years,...

Immigration Issues: Sister Divorced and changed her name, principal applicant, siter
principal applicant, siter, maiden name: The petition should not have been denied becasue your siter got divorced. You are the brother and she is the principal applicant with her ex husband being the derivative applicant. He is no longer able to get status from the petiiton but your sister is. These...

Immigration Issues: Spousal Immigration, guadalajara mexico, k3 visa
guadalajara mexico, k3 visa, immigrant visa: You can not bring her here immedaitely. You can apply for an immigrant visa or a k3 visa once you are married. The immigrant visa will take about a year - the k3 will take about 6 months but then she will have to apply for the green card after she gets here....

Immigration Issues: Out-of-Status in US, h4 visa, consulates in canada
h4 visa, consulates in canada, nunc pro tunc: Chandra, The USCIS is pretty liberal in approving H-4 petitions filed under such circumstances. If you had filed for your H-4 as a nunc pro tunc then the approval would cover the dates that she was out of status. In this event you can go to Mexico and Canada...

Immigration Issues: Status of F2 while F1 to H1 conversion, f2 visa, luck mark
f2 visa, luck mark, h company: Rambabu, As long as you are on F1 status, your family can come to the US on a valid F2 visa. Merely applying for an H1 would not change your status. Merely having your H1 approved would not change your status until the start date of the H1 employment. ...

Immigration Issues: Student Visa, visa extension, work visa
visa extension, work visa, student visa: Brother can not help you until he is a citizen and then the case would take more than 10 years. If you came on F-1 and were given d/s (duration of status) and always had a valid I-20, it does not matter that visa expired. You would be able to get OPT. If you...

Immigration Issues: splitting from american wife, visa waiver program, british citizen
visa waiver program, british citizen, abck: Since you are a British citizen, you should not have problems getting abck to England. I would assume the divorce could be done in the state where you got married. I do not know if British Law allows you to file over there for divorce. Regards, Rober...

Immigration Issues: spousal immigration, british citizen, american citizen
british citizen, american citizen, work authorization: I am not trying to be a smart a*s, but it will take as long as it takes. I have long ago stopped trying to figure out time frames. However, while you are waiting he will be eligible for the temporary work authorization. If you get married, and he returns...

Immigration Issues: spousal rights during immigration process, affidavit of support, immigration lawyer
affidavit of support, immigration lawyer, mexican immigrant: You can write a letter asking to withdraw the I-130 petition you filed for him. If you do not sign any more papers for him he can not get hsi green card from you. He will need to get his deportation case reopened before he can get a green card through any...

Immigration Issues: Tax status, social security office, immigration interview
social security office, immigration interview, uk citizen: You wil probably wait in the waitin groom longer than the interview. It usually is about 10 minutes. If all is in order they will stamp your passport then and you can travel and get SS#. If security checks or pending or something additional is needed they...

Immigration Issues: Time taken for AAO to respond to appeal, luck mark, uscis gov
luck mark, uscis gov, ballpark figure: Himadri, The AAO generally goes at a pace that they want. For a general idea you may go to: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=58e2b9e54cf0e010VgnVCM1000000ecd190aRCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD...

Immigration Issues: tourist visa, f1 visa, h1b visa
f1 visa, h1b visa, tourist visa: Manjusha, A B-2 visa does not need any sponsorhip. Of course your father s friend can provide a letter or complete form I-134 and state his support if required during the period of your father s visit. To approve the B-2 visa the consular officer needs...

Immigration Issues: travel during H1b processing, h1b1, immigration officer
h1b1, immigration officer, canadian citizen: Hi Sarah, You are legally able to travel on your unexpired F-1 visa. However, travel during the OPT period is not recommended even if you have never violated your F-1 status throughout your stay in the U.S. (for example, you have been a full-time student...

Immigration Issues: UK F1 Citizen, immigrant intent, uk citizen
immigrant intent, uk citizen, visa holders: Kishan, F-1 visa holders should not have any immigrant intent. Since she is married to to a US citizen this would be the obvious presumption. So the officer at the port of entry may prevent her from entering the US on F visa. The other option wuould be to...

Immigration Issues: USC/Work Visa - must marry to care for baby?, immigration fraud, visa lottery
immigration fraud, visa lottery, work visa: Depending on waht country she is from, she may be able to file for the annual visa lottery they have. The odds are small that she would hit the visa lottery but as long as she remains legally in the country she could apply for the visa lottery annually. If...

Immigration Issues: can u help me?, child status protection act, immagrant
child status protection act, immagrant, immigration attorney: Singh, If you are parents are permanent residents then they have to file again after you reach 21. Also there is the issue of getting time back based on the Child Status Protection Act. If they filed your papers before April 2001 then you can file for...

Immigration Issues: About using AC 21 to switch jobs while wife already is using EAD to work, h1 visa, ac21 portability
h1 visa, ac21 portability, h4: You may switch employers as soon as your I-485 has been pending 180 days. You do not need to do an H but can work on EAD from Adjustment. When the interview comes, your new employer will provide the job letter, as long as it is in tbe same field and geographic...

Immigration Issues: VISA AND PERMANENT RESIDENCE, dv lottery 2009, marrying a us citizen
dv lottery 2009, marrying a us citizen, f1 visa: You can get a green card by marrying a citizen. How long it takes depends on where you live and how slow the local immigration office is there. It will take about 2-3 months after filing to get work permit and usually about 6-9 months to get green card. ...

Immigration Issues: Visa L1-H1 transfer, visa l1, h1 transfer
visa l1, h1 transfer, l1 visa: 1. Yes. 2. Your bond does not have anything to do with the USCIS and has nothing to do with the immigration process. The regular process takes a couple of months or with premium processing it takes fifteen days. 3. You cannot work on your L1b after the...

Immigration Issues: Wedding with Change of Status Pending, immigrant intent, f1 visa
immigrant intent, f1 visa, valid marriage: Sid, If you get married to a US citizen and file all of the adjustment of status documents, you would be on adjustment pending status. You could file for an EAD card and work where you wanted or you could go to school even if you did not have an F1 visa....

Immigration Issues: working with a Removal Sentenced, national visa center, form i 130
national visa center, form i 130, g 325a: First step is to file I-130 with G325 for each of you and get the petition approved. Then the papers will go to the National Visa Center and after you give them the docuemtns they want they will send the file to Mexico for interview. At the time of interview...

Immigration Issues: I-130, b1 visa, tourist time
b1 visa, tourist time, green car: You will not be able to extend your tourist time enough to stay here legally for the whole time of the 5 year process it takes for a green card holder to sponsor a spouse. If your husband has been a green card holder for 4 years and 9 months he can file for...

Immigration Issues: 30/60/90 day rule, visa fraud, tourist visa
visa fraud, tourist visa, adjustment of status: Dione, Some consider the 90 day rule to do with the State dept and not binding on the USCIS. I have not come across any such denials in cases filed after 90 days and if there are it is very rare. You should be OK. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: I-551 pending, uscis gov, finger prints
uscis gov, finger prints, advanced parole: You can not travel outsidfe US unless you have a valid advanced parole document or you receive the card in the mail. To check on the status of your case go to www.uscis.gov and ,ake an infopass appt and go into local office and make an inquiry. Regards,...

Immigration Issues: I-797 B amendment denial.., h 1b visa, h1b1
h 1b visa, h1b1, visa stamp: Hi Raj, You are not currently maintaining valid nonimmigrant visa status in the U.S. Therefore, you should depart the U.S. and apply for H-1B visa stamp at a U.S. Consulate in your home country based on the H-1B approval notice that you had received in...

Immigration Issues: I-864, green card application, pignone
green card application, pignone, permanent residence: If you have been in asylum status for more than one year, then you can file a green card application without a petition by your wife and the I-864 is unnecessary. How were you granted asylum and when? Marco Pignone III Getson & Schatz, P.C. www.click4immigration.co...

Immigration Issues: I-94 Waiting For Answer, acknowledgement letter, country brazil
acknowledgement letter, country brazil, business visa: Overstays of less than 180 days do not statutorily bar one from reentry but can be considred on any future visa applciation whcih can be denied in their wide discretion. The burden is on you to prove when you left and that you applied for a timely extension....

Immigration Issues: applying for h1b but married to american, h 1b visa, indian citizen
h 1b visa, indian citizen, h1b1: Hi Preeth, H and L visas are dual-intent visas, meaning that although they are nonimmigrant visas, they allow for intention to immigrate to the U.S. Therefore, you should be issued the H-1B visa. Application for visitor or student visa, however, would...

Immigration Issues: approved immigrant visa petition, immigrant visa petition, national visa center
immigrant visa petition, national visa center, c 215: You have not provided enough information for your question to be answered. Are you currently residing in the U.S. or in your home country. Who filed the petition and what kind of a petition was it? Have you or your relative received a package from the National...

Immigration Issues: B1 and B2 I want to get married, b1 and b2, b2 visa
b1 and b2, b2 visa, usa citizen: Your visa does not matter now that you are in USA - your I-94 is what matters, but even if the I-94 is expired, you do not have to go back to your country, because when you marry a citizen, you can file to get your green card interview here and not have to...

Immigration Issues: B1 visa to research J1 visa, home country india, j1 visa
home country india, j1 visa, international medical graduate: It is better to do it here. If your case is denied at least you are still here. If you go to India and get denied at the Embassy, you may have difficulties getting any type of non immigrant visa. I do not know why they suggested for you to go back. Regards,...

Immigration Issues: Border patrol agent interrogated friend when entering US, b1 b2 visa, border patrol agent
b1 b2 visa, border patrol agent, staying friends: Because of the technicall one week violations, she can be questioned every time she comes in and if she gets a nasty opfficer, they can cancel the visa and send her back, the less trips she makes and the longer she stays aborad, the less likley she will be...

Immigration Issues: US Citizen Filing for an illegal alien, lawyer immigration, using a lawyer
lawyer immigration, using a lawyer, illegal alien: If her brother filed before 4/30/01 she can file through you now and get it here. I would recommend using a lawyer. Immigration is federal law and can be practiced in any state. I am located in NY but have cases all over the country. If you would like to discuss...

Immigration Issues: Citizen married illegal alien, deportation proceedings, illegal alien
deportation proceedings, illegal alien, incompetent government: There is a way to do it, but she will have to leave the US to accomplish it. I don t know how long that would take. And as for waiting for reform, I just cannot tell you. I can say this: Deportation proceedings have many defenses that are in some way better...

Immigration Issues: US Citizen to marry a UK Citizen, form i 130, us consulate in uk
form i 130, us consulate in uk, necessary paperwork: Mark Daniel, She can come on a tourist visa (not visa waiver) and adjust her status to US permanent residency. But there is a issue of intent in this option, since your wife should be misrepresenting if she intends to use a visitor s visa to get married in...

Immigration Issues: US Citizen to marry a UK Citizen, necessary paperwork, uk citizen
necessary paperwork, uk citizen, visa waiver: She can come here on visa waiver and you can marry after 60 days and then file for her and she ill get work and travel permit within 2-3 months of filing. After you marry, the two of you can file a I-130/I-485 packet with supporting forms, documents and fees....

Immigration Issues: US Citizen to marry a UK Citizen, false pretense, false pretenses
false pretense, false pretenses, visitors visa: Well you asked me two questions, one of which I cannot answer. I cannot tell you where to work or why. I can barely figure that one out for myself. However, if you are in the USA, and you want to get married and live in the USA with your future wife, the...

Immigration Issues: COS to F2 Question, i 539, day grace
i 539, day grace, uscis: Pavithra, You need to file the I-129 with the I-539 receipt and ask the USCIS to match both the applications. The issuance of a I-20 will not cause your OPT to expire. And you will be in an authorized period of stay while your F-2 is pending. Sincerely,...

Immigration Issues: COS from H1B, status application, preeti
status application, preeti, health reasons: Preeti, You can quit now if you wish since you have a pending Change of Status application. And you are considered to be in a authorized period of stay. Once you obtain your F-2 approval you can revert back to H at any time. Sincerely, Ramasamy Krishna...

Immigration Issues: COS from L1B to F1, illegal status, resignation
illegal status, resignation, b2: Abhishek, 1) NO your employer will not get to know. And you will be authorized period of stay during the time your COS is pending. 2) You can join school and if it is denied you will be out of status. 3) YES. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: change of status, h1b1, status application
h1b1, status application, fraudulent entry: Hi Uran, I recommend waiting at least 2 months after your wife s change of status to F-2 before she files another application to change status to F-1. 60 days is enough to ensure that there will not be a fraudulent entry problem in the future, i.e., that...

Immigration Issues: change of status denied, chances for B2, b2 visa, uscis
b2 visa, uscis, better chance: You have a chance, but they might ask for alot of proof of your ties to your country and your nonimmigrant intentions. The more ties you have and the more time you stay in your country before applying the better chance you have. Your record of coming and leaving...

Immigration Issues: change US visa status, b2 visa, visa status
b2 visa, visa status, immigrant visa: Sagar, You are eligible to file your permanent residency (green card) without returning to the UK. You can file both the I-130 and I-485 simultaneously. I would suggest you to opt for this option rather than use visa processing in the UK. Sincerely, Ramasamy...

Immigration Issues: Denial of 485, uscis gov, i 485
uscis gov, i 485, appt: Al is not lost yet, but you must get your hands on the denial of the second case, so that we can determine if you can apply again. What was the basis for you filing the I-485? Did you ever for fingerprints? If your lawyer will not give you a copy of the decision,...

Immigration Issues: DUI charge on N-400 Part 10. Good Moral character, form n 400, marital history
form n 400, marital history, marraige: You are not eligible until 5 years after your probation ended. If your marraige and divorce were legal in the other country they are legal here and you must present the certified divorce. If the marraige or divorce was not legal in your country, then you were...

Immigration Issues: dependant mother, l2, visas
l2, visas, provision: Chetan, They usually give B-2 visas for 3 months or six depending on the officer and if you request it. You can extend this for an additional 6 months. To return back again on B-2 it would depend on the officer, if he feels that you are misuing the B-2 visa...

Immigration Issues: Employment-based immigration and have arrest record, anger management classes, arrest record
anger management classes, arrest record, anger management: The disorderly conduct is not going to be a problem. However, there is a good chance that the assualt conviction could prevent you from getting your green card. The 3rd conviction for risk of injusry to a child I would have to research to see if it would be...

Immigration Issues: Extention, i 751, khara
i 751, khara, permanent resident card: If you are speaking about a reentry permit to allow you to stay out more than a year, that must be filed when you are here. If you are talking about memoving the conditions of your 2 year card to get the 10 year card, the I-751 should also be filed when youa...

Immigration Issues: Filing forms I-130 and I-485 for Green Card, receipt notice, tourist visa
receipt notice, tourist visa, mail: You should have filed it as one package. Now your choices are either to waot until the I-130 is approved and then file the I-485 or to file one package with a new I-130 and the I-485. You will spend another $355 but it will be much quicker than waiting for...

Immigration Issues: Filling for the green card, alien registration number, form i 485
alien registration number, form i 485, immigration center: You do not need an I-485A. You can find an Immigration docotor by calling 800 3755283 and winding through the systm and puttingin your zip code and they will give you the closest one. If you have other questions call me at 516 487 0500. Regards, Rober...

Immigration Issues: Follow to Join, advance parole, permanent residency
advance parole, permanent residency, eb2: Wassim, You can bring your wife only after you obtain your permanent residency. However, if you are currently in H visa, then you could bring her in on H-4 and apply for her permanent residency. Then she can travel out after applying for advance parole to...

Immigration Issues: DUI charge on N-400 Part 10. Good Moral character, applying for citizenship, probation
Immigration Issues: DUI charge on N-400 Part 10. Good Moral character, applying for citizenship, probation, dui

Immigration Issues: Filing forms I-130 and I-485 for Green Card, i 485, receipt
Immigration Issues: Filing forms I-130 and I-485 for Green Card, i 485, receipt

Immigration Issues: H1B1 visa renewal, visa requirement, 1b status
Immigration Issues: H1B1 visa renewal, visa requirement, 1b status, consular post

Immigration Issues: Immigration, visitors visa, job offer
Immigration Issues: Immigration, visitors visa, job offer, new job

Immigration Issues: lost opt card, green card, money
Immigration Issues: lost opt card, green card, money

Immigration Issues: f1 status to follow to join employment based GC application, receipt notice, status application
receipt notice, status application, f1 student: Ola, You can file for your adjustment of status application if you get married before they approve your fiance adjustment of status application. If it is approved before your marriage, then you will have to wait for couple of years or more if you can be...

Immigration Issues: fate of 10yr B2 visa upon exit while I 539 is still pending, b2 visa, acs inc
b2 visa, acs inc, application receipt: Reapplying for the visa is not wise. They will wander why you are doing it and it does not prevent being grilled when you eventaully try to enter. Theoretically you should answer that you overstayed but put a statement with it stating it was only a couple...

Immigration Issues: Can fesh L1B nullify an approved H1-B, visa stamp, company b
visa stamp, company b, h1 b: Once you are selected in the lottery and get a receipt for the H petition you can file for premium processing and get an adjudication within 15 days, but you can not work until 10/1 on it. Why wont comapny A file an L extension for you and save you a trip...

Immigration Issues: Green Card, multiple entry visa, reentry permit
multiple entry visa, reentry permit, tourist visa: She can do that but that does not insure that if she travels to the US frequently that they will let here in everytime. It just meams for 10 years she does not have to go to the Embassy before boarding a plane, but she could be denied entry if she comes too...

Immigration Issues: Green Card, naturalization papers, receipt number
naturalization papers, receipt number, green card: The people you have access to at the National Cusotmer Service line know less about Immigration than my kids!! I recommend pursing the N-565 for oyur husband and upon his receivng it file the I-130/I-485 packet with the required feees and documents. Let...

Immigration Issues: H1 to F1 to NEW H1?, dockey, hollander
dockey, hollander, 6 years: If you complete a MAster sin US you would then be elgible for Masters Quota regardless of where you are. Hs are only approved for a maximum of 3 years at a time. You can get as much time as you have left of the 6 years when you apply. Regards, Rober...

Immigration Issues: H1 to H4 to H1, h1 visa, time gap
h1 visa, time gap, visa officer: Hi Ananth, Since you can hold only one status at a time in the U.S., your H-1 will no longer be valid if you depart the U.S. and enter on H-4 visa stamp. The Consulate may write cancelled on your existing H-1 visa when you are issued the H-4 visa....

Immigration Issues: H1 to L1 to H1, visa stamp, h1b visa
visa stamp, h1b visa, h company: You would require a new H1 petition but you would not have to leave to get a visa stamp immediately. You would get it on your first trip out after the change. If you do not leave during the validity of the H you do not need new visa but do need new petition....

Immigration Issues: H1 Transfer w/o Pay Stubs, h 1b visa, 1b petition
h 1b visa, 1b petition, pay stubs: Hi Santosh, You are violating H-1B status by not being paid the agreed upon salary. I recommend that the new company file the H-1B petition through premium processing. Normally you would need to attach recent pay stubs from the current H-1B employer...

Immigration Issues: H1B start date, h 1b visa, 1b petition
h 1b visa, 1b petition, visa cap: Hi Shruti, You can request employment start date on H-1B petition no more than six months from date of filing. Therefore, if the petition is filed on April 01, you must request employment start date of October 01, 2008. We recommend filing the petition...

Immigration Issues: H1B visa expired before renewal, h1b visa, reentry
h1b visa, reentry, new job: You fell out of status in Nov 2007. If you do not leave by May 2008, you will be barred for 3 years if you leave from reentering. If you leave now you will not be statutorily barred from getting the H4 but they may give you problems and deny it in their discretion...

Immigration Issues: H1B visa transfer, company c, parttime
company c, parttime, full time: If they are both full time, you can work for A until your transfer gets approved. You also can work for B as soon as it is filed. You can not transfer to C without working for B, unless B wa parttime and you worked fro A full time until transfer to C is filed....

Immigration Issues: H1B1 visa extension, visa renewal, visa stamp
visa renewal, visa stamp, visa extension: No I mean your boss has to submit the same basic forms and documentation as he did the first time. Once it is approved or your first trip out you must get new visa stamp but as long as you stay here and the new I-94 is valid you do not have to leave. Regards,...

Immigration Issues: H1B1 visa renewal, h1b1 visa, visa validity
h1b1 visa, visa validity, s endorsement: The max on the I-94 is the validity of the Petition which can be as long as 3 years. You can file extension without lawyer ass long as compnay signs the forms. If your H1 is expired when you travel, you will need a new visa before coming back. Regards,...

Immigration Issues: H1b issue, h 1b visa, 1b petition
h 1b visa, 1b petition, visa stamp: Hi Hari, Since the latest action by the USCIS (I-94 issuance) is for F-1, you are currently in F-1 status. Therefore, in order for H-1B status to be activated, you must depart the U.S. and enter on H-1B visa stamp, which will be issued by a U.S. Consulate...

Immigration Issues: H4 to H1 B conversion, home country india, h 1b visa
home country india, h 1b visa, 1b petition: Hi Rekha, Please see the H-1B petition that has been prepared by your employer and see if consular processing or change of status is requested. If consular processing is requested, you will need to be issued H-1B visa stamp at a U.S. Consulate abroad...

Immigration Issues: Help Required...H1-L2, pay stubs, work permit
pay stubs, work permit, status changed from: If your future wife has an L-1, you could go and get married and file for an L-2 visa. Then when you get here you can apply for work permit as L-2. Changing from L2 back to H1 would require the same filing as a person filing a new H but not be subject tot...

Immigration Issues: Hi, immediate family member, financial sponsor
immediate family member, financial sponsor, revalidation: If the I-130 is approved before the petitioner dies you can ask for revalidation and have an immediate family member serve as the financial sponsor for the case. If the petitioner died before the I-130 was approved, the case is over. Regards, Rober...

Immigration Issues: Holding L1 and L2 visa at a time regarding, l2 visa, l1
l2 visa, l1, india: She can come here on an L-2. When they give her the L-2 they mauy cancel her L-1. But as an L-2 she can fiel for work permit and work anywhere as long as you are an L-1. Then she can go back to her country anytime up to when your L time runs out. Regards,...

Immigration Issues: h4 stamping during pending h1, embasy, question thanks
embasy, question thanks, first trip: No - The H-1 will not be adjudicated until well after you come back and if it is approved, you will get a new I-94 and must go to the EMbasy on your first trip out. You could stay as long as the H-1 I-94 allows you but if you leave you must get H-1 stamp before...

Immigration Issues: I94 renewal, passport validity, visa validity
passport validity, visa validity, h1b1: Hi Sanju, Your family should have been issued I-94 until validity of their visa status. Therefore, it is a USCIS error, which you can attempt to rectify by obtaining appointment with local USCIS office through Infopass at https://infopass.uscis.gov/info_en.php...

Immigration Issues: Immigration, h company, good shape
h company, good shape, consulting firm: Rahul, If you are not working for the firm that has applied for the H transfer then you are in good shape. If you have already ported to the company which has the pending H transfer petition filed on your behalf then I would strongly advise to you move...

Immigration Issues: Immigration, indian person, american director
indian person, american director, uscis: Rojan, I am not sure exactly what your question is but if you are enquiring whether USCIS will notify your H employer about your request for change of status from H to F. The answer is NO. The USCIS will not provide this information to no one other than to...

Immigration Issues: Immigration, pay stubs, indian person
pay stubs, indian person, h1b1: Hi Rajani, Your H-1B employer will have no knowledge that you have filed an application to change status to F-1 (unless you decide to tell your company, of course). The USCIS will consider whether you have been maintaining H-1B status before approving...

Immigration Issues: Immigration, 1b petition, pay stubs
1b petition, pay stubs, h1b1: Dear Vijaya, You are not maintaining H-1B status if you are not being paid the agreed-upon salary by your employer. My recommendation is to have another employer file an H-1B petition for you. Alternatively, you may change status to another nonimmigrant...

Immigration Issues: Immigration, pay stub, consulting company
pay stub, consulting company, bench: Rahul, I would suggest that you first find an employer, apply for the H-1B and then you can call the DOL to get your backwages. If you need any help in getting your backwages, you can contact my firm. Sincerely, Ramasamy Krishnan www.ashleykrishnan.com...

Immigration Issues: Immigration, financial progress, staffing company
financial progress, staffing company, card holder: Garima, You can certainly open a staffing company or any company for that matter. There is no reporting to be done to the US by you. For other requirements you need to contact your CPA. Best of luck, Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: Immigration, travel state gov, visa laws
travel state gov, visa laws, time mba: Roy, I am not sure if I can answer your question definetly. Check this out http://travel.state.gov/visa/laws/telegrams/telegrams_2780.html. Based on this I think that if there is a break of more than 5 months you will need to apply for new F visa to reenter...

Immigration Issues: Immigration, h1b1, 1b status
h1b1, 1b status, uscis: Hi Roy, It will probably take several months for approval. To avoid any risk, I recommend maintaining H-1B status (continuing to work for the H-1B employer) until the change of status to F-1 is actually approved by the USCIS. Regards, Ajay K. Arora,...

Immigration Issues: Immigration, april 1, immigration
april 1, immigration, doubt: Rupa, You heard wrong. As long as you are in valid status when you file for a change of status you should be fine to start school. The reason that you need to be in H status until the change is approved is that if your COS is denied then you would become...

Immigration Issues: Immigration, 1b petition, i 539
1b petition, i 539, sorry for the confusion: Kumar, I am sorry for the confusion, it is taking more than 6 months and if your I-20 is not valid at that time, the USCIS will ask you to provide additional information. Also if your I-20 is expired by then you would any way need to leave the country. ...

Immigration Issues: Immigration, 1b petition, h1b1
1b petition, h1b1, approval notice: Hi Rupa, If the change of status application takes longer than I-20 validity for approval, the approval notice will probably be valid for only one day, which means that you will need to depart the U.S. upon approval. Hopefully you will have other options...

Immigration Issues: Immigration, rfe, kaplan
rfe, kaplan, receipt: Rupa, You need to state in your H-1B application the issue and also include the receipt of the I-539. This would get you an RFE and at that time you can show that you have been maintaining your status. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: Immigration, liquor store, book keeper
liquor store, book keeper, uscis: Kumar, It certainly would be a stretch to show that a liquor store requires an accountant. The USCIS will most probably state that the business requires a book keeper which is not a H-1B job. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: Immigration, 1b worker, company b
1b worker, company b, uscis: Megha, You have misunderstood the rule, the USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker. In your case both Company A and Company B are two differnt employers so it will not result in any revocation. Sincerely,...

Immigration Issues: Immigration, visa status, company b
visa status, company b, uscis: Rajani, You misunderstood the USCIS update, it only prohibit multiple H filings for an employee by the SAME EMPLOYER. You can hold multiple H s if the employers are different, so in your case you can return to A if the company has not revoked it. Sincerely,...

Immigration Issues: Immigration, 1b petition, c 215
1b petition, c 215, pignone: Vijaya, You do not have to transfer to F-1 status while waiting for your H-1B petition by Company B to be approved. If you are eligible, then you would be permitted to begin working for Company B after its petition for you is received by the USCIS....

Immigration Issues: Immigration, receipt notice, f1 visa
receipt notice, f1 visa, mark ashley: Vijaya, If you are still working for Company A you can show your pay receipts to show that you have been in valid H1 status. It should be fine if you were to apply for an F1 visa regardless of what happens to the second H application. Mark Ashley www.ashleykrishnan.co...

Immigration Issues: Immigration, nonimmigrant visa category, 1b petition
nonimmigrant visa category, 1b petition, pay stubs: Hi Vijaya, When filing change of status application from H-1B to F-1, attaching recent pay stubs from Co. A is adequate. Moreover, H visa status is a nonimmigrant visa category, so the filing of an H-1B petition by Co. B should not negatively impact approval...

Immigration Issues: Immigration Question reg H1, h 1b visa, visa stamp
h 1b visa, visa stamp, f1 visa: Hi Praveen, You can travel on OPT in May, 2008 and enter on existing unexpired F1 visa in passport. If the F-1 visa in passport has expired, you will be required to apply for new F-1 visa stamp at a U.S. Consulate abroad in order to enter the U.S. In...

Immigration Issues: ImmigrationBrasil, dna sampling, immigration lawyer
dna sampling, immigration lawyer, i 765: I-130/I-485/I-765/I-131/I-864/G-325A for each of you/ I-693 and I693A medical- This gets filed with her birth/proof your a USC/ 6 photos for her and 2 for you passport style/last 3 years taxes for you/her passport picture page and I-94/filing fee of $1365/marraige...

Immigration Issues: immigration, visa fraud, american citizens
visa fraud, american citizens, permanent residence: Because of your age and solely because you were only 11 they will probably not charge you with fraud. However, you are still not eligible to get your interview here. You must process abroad and when you leave you become subject to the 10 year bar for your...

Immigration Issues: L1, time masters, visa holders
time masters, visa holders, time part time: Gaurav, I am not sure what your question is , but in general both L and H visa holders can take courses incident to status to enhance their professional development. They can be part time student as long as the principal purpose of their stay in the US is...

Immigration Issues: L1 to H1, reentry, reenter
reentry, reenter, petition: Abhishek, 1) You need to work for the H-1B employer from the effective start date (Feb 2009). You can continue to work for the L employer until this date. 2) You can join your new employer in March 2009. But you cannot work for the L employer after Feb 2009....

Immigration Issues: L1/L2 VISAS, l1 visas, devang
l1 visas, devang, l2: Devang Palan, Your mother is not eligible to travel with you and stay with you for the period of your L employment in the US. She can travel on B-2 status, but she will be able to stay with you only for 3 months (or 6 if extension is approved). Sincerely,...

Immigration Issues: L1B to H1B: Change of Status from, kind guidance, h1b visa
kind guidance, h1b visa, abm: Abm, You cannot start to work for your H-1B employer until the start date. If you wish to follow many people with expired H1B still work in the US with their new I-94 and without stamping their new H1B immediately that is your decision to take. Sincerely,...

Immigration Issues: Getting Legal, uk citizen, tourist visa
uk citizen, tourist visa, permanent residency: modupe, It takes around 8-10 years for you to obtain US permanent residency through a petition filed by your brother. I think that filing the I-130 would be detrimental to your ability to travel to the US on a visitor s visa due to your intent to immigrate...

Immigration Issues: lost opt card, thanks in advance, immigration
thanks in advance, immigration, job: If you are going to look for a job between now and then I would recommend filing for a replacement. If you have an employewr you are happy with until January I would not worry about filing a replacement. JUst keep the copy handy. The info can be verified with...

Immigration Issues: Marriage to a Canadian physician, j1 visa, spousal visa
j1 visa, spousal visa, h1 visa: I was not referring to a K1 or K3 - they take 9-12 months to get. I was referring to her being here as a toursit and then marrying you and filing the I-130 /I-485. The only downside is that she can nto travel from the time you file the I-130/I-485 until she...

Immigration Issues: Marriage to Illegal Immigrant - OVER 18 years, illegal immigrant, immigration laws
illegal immigrant, immigration laws, green card: As long as he has not been caught by Immigration, you can get married and papers can be filed. It will take about 3 months from filing for him to get a work card and 1 year to get a green card. If the relationship is for love and not for him to evade the...

Immigration Issues: Marriage to a permanent resident, thai citizen, family preference
thai citizen, family preference, preference category: Hi Jak, If your wife applies for a visitor visa at the nearest U.S. Consulate, the application will probably be denied on the basis that she is an intending immigrant. Moreover, filing an I-130 petition (also known as petition for alien relative) while...

Immigration Issues: N400 Denial Question, permanent resident, time and money
permanent resident, time and money, denial: The law does not work thta way. If you do not stay married until you are a citizen, you only are eligible after you have 5 years as a reisdent. She can not by law update the application because you becmae inelgible to file or be approved for citiznship after...

Immigration Issues: name for I-129F, uscis, fir
uscis, fir, lu: What is your first name and what is your last name (surname)? Your family name goes under last name and your first name goes under first name. If you did not fill out the form this way, waut fir the receipt and then write them a letter and ask them to change...

Immigration Issues: last name change for immigrant currently in the US, marraige certificate, immigration paperwork
marraige certificate, immigration paperwork, social security card: She doe snot need to do anythng to be entitled to use your last name. It should be good enough to get new passport to show them the marriage certificate. I do not know the laws of India so you have to call the Consulate General fo India in nYC to see what...

Immigration Issues: OPT expiration while waiting for new EAD, f1 visa, i 797
f1 visa, i 797, american citizen: Technically he is not legal to work form the time his OPT ends until he is approved for his EAD through you and the employer is supposed to give him a break for this time period. The reality is that your husband would never get in trouble because he is married...

Immigration Issues: OPT, H1B issues, graudate program, gap
graudate program, gap, grad school: You can ask your school to get you OPT for when you graduate now. If you have a bachelors alraedy, you must apply for H1 on April 1, 2008 as they will run out of H1 visas on that day. If you do not yhave a bachelors yet, you are not eligible for H1, and would...

Immigration Issues: OPT Hi Gap, 1b petition, one year mba
1b petition, one year mba, visa cap: Hi John, You can change status to H-4 during the gap (from when OPT expires [+ 60 days grace period] until October 01, when H-1B approval takes effect). Changing to H-4 in that interim period will not affect the H-1B approval. If an employer files H-1B...

Immigration Issues: Petition a wife from Cambodia, sea duty, place chicago
sea duty, place chicago, february 22: If your wife is abroad now, it will take about a year. If you want to try and make it quicker to get her here you can ask your Congressman to write a letter to the Congressional Unit of Immigration to ask them to speed up her case because you are in the military....

Immigration Issues: pregnancy, green card, good reason
green card, good reason, alot: If she has a visa and feels like trying to make an entry she can. They may question her alot. They probably will not care fi she is there to deliver the baby, because the baby can not help her get a green card until the baby is 21 years old. She should have...

Immigration Issues: processing time, usa green card, american citizen
usa green card, american citizen, elder brother: Since you already have a green card your uncle can not directly apply for your husband. He could have appleid for both of you if you did not have a green card but that would take 15 years. It would be easier for you to apply for him now or when you become...

Immigration Issues: Queries : h1b and f1, h1b visa, h1 visa
h1b visa, h1 visa, visa approval: There is no 3 or 6 month rule; You canm fly after marraige; Though your wife can go on F-1 visa, she could also apply for H4 and then be anle to go to school when she comes; SHe does not have to use your last name; You can only work for H-1 employer; Your...

Immigration Issues: Reataining GC after statying ouside USA for more than 2 years, visitors visa, reentry permit
visitors visa, reentry permit, worth a shot: The only way to try is to get a new passport with no stamps in it and when you enter with the passport and green card, if they ask how long you have been out say 5 months. If they find out how long you have beenout you can lose your green card anyway, but...

Immigration Issues: SOC CODE, h1b1, labour code
h1b1, labour code, bestin: Dear Bestin, Since the correct category (EB-2 versus EB-3) is checked on the I-140 petition, and the job title, etc. are consistent with the certified labor application, and the original certified labor application is attached to the I-140 petition, the...

Immigration Issues: Spouse didn't disclose previous marriage and divorce, mexican citizen, tourist visa
mexican citizen, tourist visa, marriage license: It is possible, but I would declare it now, and explain it as an unintended oversight when applying for the tourist visa. It will come out in the current application, and failure to declare will result in denial. Explaining the inconsistency is annoying, but...

Immigration Issues: Spouse Visa stamping., job offer letter, h4 visa
job offer letter, h4 visa, h1 visa: Call the Embassy and see if they will take her because you are from Mumbai. For the interview, you will need copies of your H-1 submission and approval, a current job offer letter from your company and proof of the bonafides of your marraige. Regards. ...

Immigration Issues: Stepdaughter petition, marriage cert, i 130 petition
marriage cert, i 130 petition, nvc: File the I-130 with $355, proof of your USC, your marriage cert qnd any prior divorces for you and your husband. Once the I-130 is approved, they will forward it to the NVC who will write you and ask for the $450 and give you the forms. Regards, Rober...

Immigration Issues: Travel during OPT, h1 visa, spet
h1 visa, spet, tto: Do not file premium processing and do not wait for H1 approval. Go to India and come back and then when your H gets approved gop tto INdia in Spet and come back for 10/1. Otherwise, you are gong to get stcuk there from when it is approved and you leave until...

Immigration Issues: Traveling will paperwork is being filed, visitors visa, british citizen
visitors visa, british citizen, abck: If you have been here for the past 20 years, it is not likely they will let you back in if you leave and you may become subkec tto a 10 year bar. As a british citizne, I am sure England would not have a problem letting you in but its getting abck here that...

Immigration Issues: Can I work in US after spouse files immigration, h1b visa, l1 visa
h1b visa, l1 visa, h1 visa: Asrar, 1) You cannot enter the US on H visa if you do not have job or employer. It is called FRAUD and you run the risk of being permanently barred from entering the US again in the future. 2) You can file for your immigrant visa through your wife but you...

Immigration Issues: worried about my visa, immigration authorities, immigration record
immigration authorities, immigration record, marriage to a us citizen: I don t know about the computer. The Immigration authorities are always improving the system. You violated your visa by failing to return. After 180 after your visa expired you became excludable for 3 years. After 1 year your became excludable for 10 years....

Immigration Issues: 1-94, i 485 application, marriage to a us citizen
i 485 application, marriage to a us citizen, inspection stamp: Terry, You are fine. Since you have a I-485 application based on marriage to a US citizen pending you are considered to be in an authorized period of stay. You will be called for an interview later to prove that your marriage is bonafide. So I would suggest...

Immigration Issues: I-131, h1b1, infopass
h1b1, infopass, uscis: Hi Armand, If there is an emergency , you can make an appointment with the local USCIS office through Infopass at https://infopass.uscis.gov/info_en.php and take the I-131 and I-485 receipt with you along with evidence of registration for classes in the...

Immigration Issues: I-148 and F1 Visa, immigrant petition, visitor visa
immigrant petition, visitor visa, visa status: Hi Esmond, Your change of status to F-2 will probably be denied since an immigrant petition has been filed for you (and thus you have an intention to immigrate to the U.S.) Therefore, if you are in the U.S., continue to extend H-1B status as required (H...

Immigration Issues: I-485 DELAY AFTER 1-140 APPROVAL!!, worst case scenario, luck mark
worst case scenario, luck mark, mark ashley: Jose, It is difficult to predict how the USCIS works. The general rule is that you should receive your green card six months after your I-140 is approved. However, there are sometimes delays that slow the process in a few cases. Thus, if all goes well,...

Immigration Issues: I-539 rules, ucics, case status
ucics, case status, time report: Vineet Parolia, Answers: 1) YES she can. 2) I do not know, you need to check the processing time report. It is pretty self explanatory. It gives the date that they are currently processing. 3) Immediately. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: Advance parole usage, visa stamp, valid visa
visa stamp, valid visa, advance parole: Dhana, I cannot answer the question on the possiblity of refusal without knowing details about your case. And this not possible on this forum. If denied you can use your AP to re-enter the US. On doing so you will become a parolee and not H-1B status...

Immigration Issues: will an arrest affect my chances for a B1?, luck mark, mark ashley
luck mark, mark ashley, consular officer: Haya, I do not know enough about your case to give you all the information you need. Generally, the arrest may come hurt your ability to re-enter the US and you should disclose if asked either by the consular officer or on the paperwork. It may affect your...

Immigration Issues: B2 to H4, luck mark, tourist visa
luck mark, tourist visa, mark ashley: Karl, A B visa is not to be used to enter the US to get married. If you do this option, a question of intent would be raised about your real purpose to come to the US on a B visa. You should either enter on a different visa or get married outside the US...

Immigration Issues: Cap Gap Situation, receipt notice, h1b
receipt notice, h1b, uscis: Kishan, You can withdraw your I-539 by writing to the USCIS of your intent to do so. I would suggest that you wait until you know if your H petition has been accepted for processing. If not selected then you can withdraw the F-2 and extend your OPT provided...

Immigration Issues: Cap-gap interim rule, f1 status, automatic extension
f1 status, automatic extension, interim rule: Vienna, I also need you to take a look at the latest information released by the USCIS. It states that your F-1 OPT will be extended automatically if you have an H-1B is filed. However the automatic extension is terminated if the H is denied or not selected....

Immigration Issues: conversion of K1 to l1, us embassy in india, k1 visa
us embassy in india, k1 visa, ssa gov: Nidhi, I am sorry for the late response but I had to check a reference before I could adequately answer your question. The solution is as follows. Upon entering you should ask the POE officer to stamp your I-94 with authorization to work. Some officers...

Immigration Issues: i am depolyed and my wife as an interview for her green card, immigration office, present moment
immigration office, present moment, green card: Tommy, The petitioner is generally not required to be at the interview and especially in your circumstances the interviewing officer may allow it. I would suggest that you contact the Immigration office and check if they are amenable to this, since some offices...

Immigration Issues: EAD and H1b, part time job, work part time
part time job, work part time, 1b status: Sam, You are right, there are different views on whether working part time on EAD while in H-1B status is allowed or not. As of now there is no definite guidance from the USCIS on this subject. My advise is for you is not work on your EAD if you wish to maintain...

Immigration Issues: ead and h1b, ead card, part time job
ead card, part time job, work part time: Sairam, In my opinion, you cannot work on an EAD card and also work on an H1b. You can have two H1B employers if you have two valid H1Bs with the different employers (one full time and the other part time). If you are working on EAD then you cannot also...

Immigration Issues: F1 visa + Visit Visa, visitors visa, visa status
visitors visa, visa status, anusha: Anusha, Besides other issues such as intent and being granted a B visa for this purpose, changing from B-2 to F-1 in the US takes around 5 months to process the case. During this waiting period you would have missed out on joining the program. I do not...

Immigration Issues: F2 Visa, f1 visa, visa holder
f1 visa, visa holder, mandatory time: Shuchi, There is no mandatory time period, the requirement is that spouse should continue to be on F-1 status. However, a long period of time MAY raise questions at the port of entry and you should be prepared to explain your reasons for the delay. Sincerely,...

Immigration Issues: Family based Immigration, family categories, appreciative thanks
family categories, appreciative thanks, returning resident: Hi Kay, Unfortunately, since your father is no longer a permanent resident, the I-130 approval is invalid. A new I-130 should be filed by your mother, and a new priority date will be established on the date of filing. The family categories are here listed...

Immigration Issues: Fiance is a canadian citizen, I am on H1-B...Visa situation best for her.., indian citizen, indian nationals
indian citizen, indian nationals, immigrant intent: Sreeram, I believe that you are aware of this but I need to mention it. If your fiance was born in Canada then you can use of the cross-chargeability provision and be able to file your I-485. That is you will not be subject to the visa dates for Indian...

Immigration Issues: I-485 DELAY AFTER 1-140 APPROVAL!!
Immigration Issues: I-485 DELAY AFTER 1-140 APPROVAL!!

Immigration Issues: follow to join, b1 b2 visa, employer sponsorship
b1 b2 visa, employer sponsorship, greencard holder: Hi Jana, I am assuming that your husband obtained his green card on the basis of employer sponsorship. As to how long the process will take, this depends on the priority date of your husband s application for labor certification (also known as PERM)...

Immigration Issues: Green Card portability status, permanent residency application, multinational manager
permanent residency application, multinational manager, uk citizen: Richard, My advice is: This is OK provided the job you switch to is similar to the job listed on the I-140. The other two options are also OK but the most conservative is for you to go with Option One listed above. Good Luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: Green card working aboard for US company, citizenship application, work in china
citizenship application, work in china, immigration attorney: Tim, You can go to China and work for your company but you must take care to maintain residency in the US. Another option would be for you to apply for a re-entry permit. The issues are somewhat complicated and I would suggest that you consult with an immigration...

Immigration Issues: H1-B to marry US citizen, luck mark, mark ashley
luck mark, mark ashley, question thanks: Ezra, I understand your puzzlement but that is the way it is. Of course if you file new applications and they ask questions about spouse or children then you need to respond fully if you have any applicable additions but there is not a need to report a new...

Immigration Issues: the H1 and cap Gap, luck mark, h1b
luck mark, h1b, mark ashley: Raj, You can stop going to school once you know your H1B has been accepted/approved. To be absolutely safe, I would recommend that you continue with school until it is approved as I do not know if the H that was filed will be successful. Good Luck Mark...

Immigration Issues: H1 processing...want to apply for F2, us consulate in mexico, luck mark
us consulate in mexico, luck mark, mark ashley: 1. Application for an F visa will not harm your H1 application but you will not be allowed to have two visas at the same time. 2. No, if eligible for F2 they should give you one. 3. Yes, you have to go to your Home country or to a US consulate in Mexico...

Immigration Issues: H1B, business process improvement, solution development
business process improvement, solution development, improvement projects: Ankit, If your employer has gone ahead and applied for your H-1B then it would mean that they are looking for employees with your qualification to fill the particular position. Since I do not have any knowledge of the job duties involved, I would suggest...

Immigration Issues: H1B and Cap-gap relief, attorney client relationship, luck mark
attorney client relationship, luck mark, mark ashley: Mi, It is my understanding that since you have been selected for the H lottery, you should be eligible for gap relief under the new memo. I would advise you to also check with the attorney who handled your H1b application as he is in the best position to...

Immigration Issues: H1B extension, luck mark, mark ashley
luck mark, mark ashley, personal reason: Johan, 1. You can file for an extension for the H1B beyond the six year limit. 2. The fees are the same unless it is the third extension by the same employer. You also will not be required to pay the $500.00 filing fee if extension. The fee will most...

http://en.allexperts.com/q/Immigration-Issues-344/2008/4/H1B-MBA-H1B-OPT.htm
h 1b visa, time mba, 1b program: Roy, When you re-apply for your H-1B visa in 2012, I am not sure what the laws will be then. I am positive there will be substantial changes to the H-1B program. However, to answer your question based on the current rules, you will not be subject to the...

Immigration Issues: H1B-part time-own bussines, part time job, luck mark
part time job, luck mark, stable job: Ignacio, You may get a part time job but you would still need to file for an H1B with the part time job as well. You could start your own company and work for the company as an H1B employee but you would have to comply with the employer requirments of the...

Immigration Issues: H1B question, mark ashley, grace period
mark ashley, grace period, march 31st: Anvita, There is no grace period for H1 visas. You should leave the country and re-enter on F2. You should leave immediately and not rely on the 180 day rule. The 180 day rule means that if you are out of status more than 180 days you will not be allowed...

Immigration Issues: H1B worker laid off, business visa, luck mark
business visa, luck mark, mark ashley: Since you have been counted against the quota, you are exempt from it. Legally you are out of status from the day you lose your job. However, if get your job and apply within the next pay cycle the USCIS may forgive the gap. Find a job ASAP and apply...

Immigration Issues: H1B no of years, indian nationals, luck mark
indian nationals, luck mark, eb2: Rajesh, I am sorry but you only get a total of six years whether it is for a non profit or cap subject employment or any combination of the two. There is no expedited process for EB2. It is just somewhat simpler than the regular process for the PERM....

Immigration Issues: H1b and green card pending, ead card, luck mark
ead card, luck mark, mark ashley: Qiang, You have several options. If you find a new employer even if your six year H1 time is expiring, you should be able to get your H1 extended for another year. If you apply for an H1 after your I-140 is approved you could get a three year extension...

Immigration Issues: H4 to F1, immigrant visa, reply
immigrant visa, reply: Asha, You should be able to change from H-4 to F-1 since you have not applied for any immigrant visa. For visa stamping purposes you would need to satisfy the consulate officer that you do not intend to immigrate. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: H4 to F1 issue, luck mark, mark ashley
luck mark, mark ashley, thanks john: John, The general rule is that once you change your status from H4 to F1 you must get your F stamped if you leave the country. Puerto Rico is a possession of the US. It is my belief that you would not need to get your visa stamped if you are going there....

Immigration Issues: H4 TO H1, visa status, approval notice
visa status, approval notice, family leave act: Sasheek, First, I do not think that people can take leave because they become pregnant. The only leave under such conditions would be the Family Leave Act or under any other employer maternity or parental leave policies. If this was the case then such leave...

Immigration Issues: Help, us consulate in canada, indian citizen
us consulate in canada, indian citizen, canadian citizen: Nick, If she is in Canada, you will have to wait until your green card is approved before she can join you in the US. You will need to file form I-824 to notify the US consulate in Canada about the approval of your permanent residency. Sincerely, Ramasamy...

Immigration Issues: I797A without I94., uscis gov, validity period
uscis gov, validity period, approval notice: Madhu, You need to contact your employer/attorney and ask them to file Form I-102 to correct this error. This will not affect your legal status in the US. See the USCIS.gov website under the instructions for the Form I-102 http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e5d95d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD...

Immigration Issues: Immigration, pay stubs, h1b1
pay stubs, h1b1, uscis: Hi Rojan, The USCIS will not care about New York/Oklahoma issues. The question is whether you are employed at the time that the I-539 application is filed. This is shown through attaching recent pay stubs from the H-1B employer and perhaps W-2 for 2007...

Immigration Issues: immigrant visa petition, immigrant visa petition, sons and daughter
immigrant visa petition, sons and daughter, paperworks: Belinda, This would depend on whether your father is a US citizen or not. If your father is a permanent resident then the lawyer is right. If he is a US citizen then the petition automatically converts to married sons and daughter category. Sincerely,...

Immigration Issues: L1 To H1 transfer question, l1 visa, finacee
l1 visa, finacee, case thanks: Raghuram, I hope that I understood your question correctly. According to your scenario, your wife will not be allowed to stay in the US from May 2009 to the effective date of the H-1B- Oct, 2009. Either she changes to H-4 during this period or leaves the...

Immigration Issues: Laid Off, e2 visa, b1 visa
e2 visa, b1 visa, visa waiver: Gaby, I advise you to leave the country and come back when you have a new position or have obtained a new visa. The USCIS will question the validity of your request for a B1 visa. Note, looking for a new job is not a valid B purpose. Good Luck Mark Ashley...