About Experts Sitemap - Group 30 - Page 4 2014-12-16

Immigration Issues: F1 to H1, employer files, amazing service
employer files, amazing service, masters degree: The quota for masters degree or higher has not been reached yet. You can file and if it is reached before your filing it will not affect your OPT. Taxes are a fact of life. I would file for H-1 advanced degree quota and if it gets rejected becasue fo quota,...

Immigration Issues: F1 to H1, vfs usa, h1b1
vfs usa, h1b1, h1b: Hi, You can go anytime for stamping either in India or Canada (assuming that you are able to make the appointment), but you will be unable to enter the U.S. more than 10 days prior to October 01, 2006. You do not have to complete Ph.D. degree, although...

Immigration Issues: F1 to H1B, masters certificate, spring 2008
masters certificate, spring 2008, responsible officer: Ritu: Yes you can file for your H-1B prior to obtaining your diploma. You would need a letter from the Dean or responsible officer a letter stating that you have completed all the requirements towards obtaining the degree. Sincerely, Ramasamy Krishnan...

Immigration Issues: F1 to H1B outside of Grace Period, visa stamp, grace period
visa stamp, grace period, h1b visa: At the moment the period from end of grace to 10/1/ is not being covered. My advice is to leave by 8/28 and come back 2 weeks later after getting h1 visa stamp to set things up for work to begin 10/1. If you go for H4 you will have to do change of status from...

Immigration Issues: F1 to H1B, h 1b visa, h1b1
h 1b visa, h1b1, ead card: Hi VK, You can hold only one status in the U.S., and if the H-1B is approved, it will have an effective start date of Oct. 02. There will be an I-94 attached to the bottom of the H-1B approval notice, and you will therefore automatically be in H-1B status...

Immigration Issues: F1 to H4 delay in application, valid visa, time and patience
valid visa, time and patience, infraction: Being out of status can and will effect your being admitted into the United States. Inspectors at port of entrys have the discretion to deny entry to ANY foreign national, even with a valid visa if it is found that there was a previous violation of terms...

Immigration Issues: F1 to H4 to H1-Help, h4 visa, approval notice
h4 visa, approval notice, h1b: My opinion is that as soon as you get the H4 status file for change of status to H-1. Then as soon as it is approved you are in valid H-1 status and on 1st trip out you can get H1 visa. The other option is to leave the country before 8/28 and go to U.S. Embassy...

Immigration Issues: F1 issue, financial setbacks, f1 visa
financial setbacks, f1 visa, immigrant status: Well you need to get enrolled somewhere in school. Although you missed the current enrollment, can you get enrolled in the next semester? It sounds like you are having a lot of problems that have nothing to do with visa or your education. Do you even want...

Immigration Issues: F1 - J1 - H1b, travel state gov, h1b1
travel state gov, h1b1, form ds 2019: Hi Lena, Although you cannot legally be employed for those two months, you may be able to volunteer your time. J-1 is possible only if the sponsor is eligible to issue Form DS-2019: http://travel.state.gov/visa/temp/types/types_1267.html Regards,...

Immigration Issues: F1 to L1 or E1, h1b1, u s company
h1b1, u s company, managerial capacity: Hi, L1 requires you to have worked abroad for a branch or subsidiary or affiliate of the U.S. company in an executive or managerial capacity, or as a specialized knowledge worker, for at least one year during the past 3 years. Since you have been in...

Immigration Issues: F1 and Marriage, marrying a us citizen, f1 student
marrying a us citizen, f1 student, visa application: No, there is no bar on an F1 student marrying a US Citizen. In fact there are many advantages. Once your US citizen spouses petitions for you, you can get a work permit while waiting for the visa application to process. Also, although not immediately, if...

Immigration Issues: F1 to marriage, f1 visa, spanish citizen
f1 visa, spanish citizen, h1b1: Hi, Once you are married to a U.S. citizen, you can be sponsored by your spouse and will receive employment authorization (to allow you to work) as well as advance parole document (to allow you to travel) until the sponsorship paperwork is approved, at...

Immigration Issues: F1 - OPT, h1b1, passive investor
h1b1, passive investor, stocks bonds: Hi Dhruva, Although you can open a company, you cannot receive a salary or even be involved in actively managing the company without employment authorization. Since OPT is employment authorization, there should be no problem with running the company during...

Immigration Issues: F1 Opt Gap, visa office, dear mr
visa office, dear mr, time work: Naunidh, You would need to either get back to F-1 status or leave the country and re-enter the US 10 days before your employment after obtaining an H visa. There have been some who have opted to file a B-2 visa, but I am not sure if it is the right way to...

Immigration Issues: F1 REJECTED AS A POTENTIAL IMMIGRANT!!!, convincing answer, immigrant
convincing answer, immigrant, rejection: Once rejected you must wait 6 months before reapplying. There is no magical answers - you have to show evidence that you will return like family, property, money in bank in your name in your country. Also show that someone will support you while here. Regards,...

Immigration Issues: F1 stamping, backlog center, h1b1
backlog center, h1b1, i 485: Hi Neha, You could be considered to have an intent to immigrate to the U.S., so the safe option is to wait until labor certification has been granted and I-140/I-485 filed. When the I-140/I-485 are filed, you can apply for and receive advance parole document,...

Immigration Issues: F1 student and arrest, h1b1, i 485
h1b1, i 485, i485 form: Hi, Since there was no conviction, your I-485 should be approved. On page 3 of the I-485 you should check that yes, you have been previously arrested, but you can attach a letter explanining the arrest and attaching a disposition of the arrest. Regards,...

Immigration Issues: F1 student and arrest, luck mark, mark ashley
luck mark, mark ashley, adjustment of status: Debbie, Usually, just getting arrested would not pose a problem in the adjustment of status issue. As long as you have not been convicted of the crime. You should disclose this information on the forms that you file where appropriate. I would suggest that...

Immigration Issues: F1 VISA REJECTED AS A POTENTIAL IMMIGRANT!!!, f1 visa, convincing proof
f1 visa, convincing proof, convincing answer: Convincing answer? I strongly suggest you thoroughly read the requirements for the F-1 visa. Apparently, you failed to provide convincing proof that you have a permanent home residence, you are able to sustain yourself while attending school in the US, or...

Immigration Issues: F1 Visa, visa officer, law education
visa officer, law education, waiting time: There is usually a 6 month waiting time once you get rejected for a visa before you can try again. You must provide them with proof of status in U.S. for you and your wife, most recent tax return, job letters and bank letters. You also need to fill out form...

Immigration Issues: F1 Visa and Change of Status, immigrant petition, family preference
immigrant petition, family preference, preference category: Hi, Yes, you can adjust status from F-1 to permanent resident anytime a visa becomes available for the F4 category. According to the January visa chart issued by the Department of State, the priority date for the 4th family preference category is June 15,...

Immigration Issues: How can a F1 Visa holder write off the business expense????, f1 visa, visa holder
f1 visa, visa holder, business visa: I would follow your CPAs advice but remember, you cannot work while on a F1 visa. You can invest and make money, and their is no problem with that. But no working. Depending on what country you are from, you may be able to get an E visa to reside here...

Immigration Issues: F1 Visa, real estate business, f1 visa, sole proprietor
f1 visa, sole proprietor, visa holder: That s the best question that I ve been asked in quite some time. I don t believe that there is a clear answer to this. However, I will speculate a bit. If a person is on an F-1 and is therefore not eligible to work, passive investment is generally permitted....

Immigration Issues: F1 Visa and stuck, westheimer suite, permanent residency
westheimer suite, permanent residency, permanent residence: Terrie: If it is a bonafide marriage and your BF is a US citizen, then you can apply for your permanent residency. However, I would suggest that you consult with an attorney to confirm your eligibility. Sincerely, Ramasamy Krishnan Ashley & Krishnan...

Immigration Issues: F1 Visa, f1 student visa, f1 visa
f1 student visa, f1 visa, h1b1: Hi Melinda, Your child would automatically be a U.S. citizen at birth. With a U.S. passport, he can enter the U.S. anytime at any age. If you want to enter with him, you would need an independent visa such as H-1B (or F-1 if you continue to maintain your...

Immigration Issues: F1-visa, vacation periods, travel record
vacation periods, travel record, visa application: Bring copies of all I-20s degrees and transcripts and proof you are currently full time student. Travel during vacation periods of school. There is no guarantee but if you have maintained status it should be ok. If you were out of status for even a day I would...

Immigration Issues: F1 visa and 485 adjustment, f1 visa, nonimmigrant visa
f1 visa, nonimmigrant visa, i 485: You have 2 issues. First you left without parole so your I-485 is abandoned. When you go to the intervierw for this application, they will likely deny it since it is considered abandoned. I recommend re-filing now. The second issue is you came on a nonimmigrant...

Immigration Issues: F1 visa help, h1b1, visa bulletin
h1b1, visa bulletin, uscis: Hi Ikram, If you were sponsored in Jan. 2001, then then priority date would be current and a visa would be immediately available. Since you were sponsored in May, 2004, I would say that you would need to wait at least 2 more years before a visa would be...

Immigration Issues: F1 visa after marriage, esl student, h1b1
esl student, h1b1, visa status: Hi Claudio, You will not be able to extend F-1 status once you are sponsored by your wife. However, there is no need for you to extend F-1 status since you will be able to work (I-765)and travel (I-131) until you receive your green card. Regards, Ajay...

Immigration Issues: F1 visa, f1 visa, student visa
f1 visa, student visa, going home: The application will not be approved and the only way you could try is by going home to your country for the interview at the U.S. Embassy and then if you are over 18 you could be barred for 3 or 10 years depending on how long you have been out of status here...

Immigration Issues: F1stamping, time student, b1
time student, b1, full time: There is never a guarantee you will get a visa, but if you did not start school until after the change of status was approved and you have proof of ties to your country and funds to support your student stauts, you have what they are looking for to approve....

Immigration Issues: F2 to F1 conversion, waiting time, time period
waiting time, time period, conversion: Divya: Changing to F-1 should not be too difficult, you need to have an I-20 and documentation of financial support to obtain an approval. There is no stipulated time period to apply as long as the school accepts you. Sincerely, Ramasamy Krishnan www.ashleykrishnan.co...

Immigration Issues: F2 to H1, time to apply for 2007, visa numbers, h1 visa
visa numbers, h1 visa, mark ashley: Isabol, There are no h1 visa numbers available until October 2008. If your employer is cap exempt then you could file for an H1b at any time. That is the right form but I suggest that you not venture into filing for an H1 on your own and that you hire...

Immigration Issues: F2 to H1 transfer, 1b petition, h1b1
1b petition, h1b1, visa status: Hi, Your wife will apply for F-2 visa directly at the Consulate after marriage. There is no visa application to be filed with the USCIS beforehand. After your wife enters the U.S. in F-2 visa status, the H-1B petition can be filed with the USCIS. She...

Immigration Issues: F2 to H1, computer engineer, nubers
computer engineer, nubers, luck mark: Rashmi, 1. You can go on F2 without problem. 2. It is the same process that you did this year. 3. If he is on F1 you can only join him on F2 or you can join him on H1 on your own but as you know the H visa nubers are already taken for this year. There...

Immigration Issues: F2-H1B, post doctoral research, f1 status
post doctoral research, f1 status, h1b visa: There are only 65000 H visa per year and this year s quota was used up already. You can file for next years cap beginning 4/1/07, 6 months prior to the earliest date you could start in H status. Some employers are exempt from the cap like hospitals etc. ...

Immigration Issues: F2-H1B, h 1b visa, h1b1
h 1b visa, h1b1, visa status: Hi, The company cannot legally pay you any amount either directly or indirectly. Therefore, a stipend is not allowed. You must be on H-1B visa status in order to receive compensation. If you are volunteering for a job which is normally compensated, this...

Immigration Issues: US F2 to H1B visa transfer - Need to go out of USA for stamping ?, visa stamp, dependent student
visa stamp, dependent student, student visa: You can file the I-120 here and change your status. The approval will issue you a new I-94. On your first trip outside the U.S. you need to go to the American Embassy in your home country and get an H-1 visa stamp. If you dfo no tleave the country you can...

Immigration Issues: F2 to H1B, visa cap, employemnt
visa cap, employemnt, job offer: If you do not work a day for the H-1 employer that you now have an approval, your new H-1 is subject to the cap. You should work for H-1 employer and then do transfer H-1 when you are ready to work for new employer and forget about F-2. There is no advantage...

Immigration Issues: F2 to H1b, going to canada, huband
going to canada, huband, pay stub: Do you have an approved H1B petition that was filed on your behalf? You do not need an SSN to have your visa stamped, however you will need one to work. When you provide proof to the SSN administration that you are authorized to work, you will be provided...

Immigration Issues: F2 visa, with H1B application approved, travel out of US., visa stamp, europe thanks
visa stamp, europe thanks, wife need: If your wife goes out, she needs to go to her home country and get the H-1 visa stamp. They will not do that for her until probably mid September. If this is not feasible she should stay here until after Octoebr 1 and then on her next trip out go to her xountry...

Immigration Issues: F2B, 23 years, f4
23 years, f4, petition: Whetehr you son can immgirate with you depends on his age when a visa becomes available minus the time it took immigration to approve the I-130. If this is under 21 he can come with otherwise, you will have to file F2B petition once you get status. Regards,...

Immigration Issues: F3 Family based Visa, matter of law, permanent resident
matter of law, permanent resident, citizen: Your first case ended as a matter of law when you got married before he becmame a citizen. If you had waited until after, the category would change but your would retain the first filing date. Becasue you married first you had to start over again and you now...

Immigration Issues: Fake Weddings, marriage fraud, brooke house college
marriage fraud, brooke house college, immigration benefits: Marriage fraud is felony in the United States. Yes, many immigrants do enter into shame marriages in order to circumvent our immigration law. However, ALL applications for immigration benefits relating to marriage are investigated before the application...

Immigration Issues: False Passport, passport fraud, false passport
passport fraud, false passport, continental airlines: No Motion would be successful given his circumstances. He needs to process abroad though he can wait to leave until he is scheduled for an Immigrant visa appointment there. In the meantime, you could file a FOIA to see if his I-130 is approved. Once you find...

Immigration Issues: Family Based Immigration, study visa, nonimmigrant visa
study visa, nonimmigrant visa, mubashir: Hi, Yes, apply for a F-1 (student visa) upon admittance to a University. You will be issued Form I-20 by the university, and then you can apply at the Consulate for a F-1 visa. After your parents become green card holders, then they can sponsor you....

Immigration Issues: Family Based Immigration, study visa, student visa
study visa, student visa, final call: Family based relates to US citizens and their depemndants. Although you might obtain permanent residency through your parents, you are not a priority case. Get your student visa and in the meantime, your parents can file for you. While attending school you...

Immigration Issues: Family-Based Immigration, california service center, citizen parents
california service center, citizen parents, citizen parent: I am confused - If his U.S. citizen parent filed for him in 2001 and he was under 21, the case should not be taking this long. Secondly, if his U.S. citizen parents were both citizens before he turned 18, he should be considered a U.S. citizen and he can try...

Immigration Issues: Family Immigration, family immigration, stepparent
family immigration, stepparent, step mother: Q1. Is it possible for me to petition for them or will my husband have to petition for citizenship and then petition for them? A1. Your husband needs to petiton for his parents and to do that he must be a US Citizen himself. Q2. Also, in the forms...

Immigration Issues: Family Immigration, us consulate in india, family immigration
us consulate in india, family immigration, adjustment of status: Your Mother will NEVER file an I-485 at the consulate. An I-485 is for adjustment of status for those persons in the United States. You seem to misunderstand the process on a fundamental level and therefore I strongly suggest that you seek the assistance...

Immigration Issues: Family immigration., visa fraud, multiple entry visa
visa fraud, multiple entry visa, fraud issues: I never said the stamp would be void. I said that it would be almost impossible for her to gain admission since she will be deemed to have an intent to immigrate which is incompatible with admission of a visitor visa. Just because a person has a visa stamp...

Immigration Issues: Family Petition, family petition, family categories
family petition, family categories, understanding the family: Hi Romy, You are 21 or over, so you cannot be included with your family s case. Your sister can sponsor you only when she is a U.S. citizen. Sponsorship by itself, however, will not allow you to remain legally in the U.S. since you need to maintain valid...

Immigration Issues: Family Visa Petition, immigration law firm, marriage to a us citizen
immigration law firm, marriage to a us citizen, visa petition: If the alien leaves the US a waiver would be required to get back into the US before 10 years have passed. If there is a final order of removal or a deportation order there may be additional problems. However, there may be an exception if the alien filed...

Immigration Issues: Father-in-law & Social Security, ss card, social security number
ss card, social security number, person consultation: Your question is far too fact specific and complex to adequately answer on a message board. You really need an in person consultation with an attorney and it would have been far better to speak to an attorney before he left the US. Since it appears that...

Immigration Issues: Father and little sister immigrant visa, visa number, immigrant visa
visa number, immigrant visa, consular officer: Your father is an immediate relative of a US Citizen and therefore has a visa number immediately available. Your sister, however, is a sibling of a US Citizen and must wait for a number to become available. Current wait times are between 12 and 25 years,...

Immigration Issues: FBI background check, fbi background check, criminal background check
fbi background check, criminal background check, prerequisite classes: Hi, There is no risk of deportation based on sending fingerprints for FBI check. However, do not misrepresent your immigration status on any governmental forms (in case there is a question about your immigration status on any forms). Regards, Ajay K....

Immigration Issues: FBI background check delay, fbi background check, security checks
fbi background check, security checks, security clearances: Reapplying will not help your case - they willbe subject to the same security clearances. I have some clients waiting almost 4 years for security checks yet others who are completed at the time of interview. You can try gettinhg assistance from your state...

Immigration Issues: FBI background check takes forever!, fbi background check, mandamus action
fbi background check, mandamus action, check 1 2: Name check is done by other agency not Immigration. They will not approve until they receive response from other agency. This can be anywhere from a few days to a few years in some cases. Your only recourse is to file a mandamus action in Federal Court, which...

Immigration Issues: FBI name background check, uscis gov, hartford ct
uscis gov, hartford ct, marriage to a us citizen: A lawyer can not make agency checks go quicker. Some people s checks are clear on the day of interview and others have taken more than a year. You should make an infopass appt at www.uscis.gov and go in and ask about case once a month or so. Regards,...

Immigration Issues: FBI name check and travel, security checks, american wife
security checks, american wife, security check: If you move they may have to transfer your file to the local GA office before approval. In any event it would only delay your case not speed it up. You can travel on current parole and be back before it expires. If it gets approved while you are traveling...

Immigration Issues: FBI name check, two and a half years, marriage to a us citizen
two and a half years, marriage to a us citizen, adjustment of status: There is nothing that can be done to expedite the name check - thousands of people are in the same situation - when I was at Immigration last week the supervisor told me that they have cases that have been pending name checks for up to 5 years. Regards,...

Immigration Issues: FELL IN LOVE, ukaine, k1
ukaine, k1, fiance: Fell in love... since she came over here for a maximum of 90 days on a K1 to another man, seems pretty quick. However, she is here based on a petition filed by her ex fiance. Once they decided not to marry, she should have returned to her home country. ...

Immigration Issues: FIANCE' STATUS CANCELED, FACING DEPORTATION, marriage of convenience, money shortages
marriage of convenience, money shortages, memebrs: No other options if he does not have any immediate family memebrs that are citizens. Theonly other thing is asylum but if he since he hasbeen here more than a year, he must prove changed circumstances in his country since he changed and why he fears going...

Immigration Issues: Fiancée or Spouse, fiancee visa, immigrant visa
fiancee visa, immigrant visa, fianc: The minimum income for a family of 2 is $16500. Whether he applies for a fiancee visa or an immigrant visa, they will probably want a co-sponsor (a citizen or green card holder who supplies their tax and job letter - they must make enough for their household...

Immigration Issues: Fiancée Visa, fiancee visa, k3 visa
fiancee visa, k3 visa, engagement ceremony: Either she comes here on a K-1 Fiancee visa and they get married here within 90 days of her entry, or they get married there and she applies for a K3 visa. To do that, they get married there and he files an I-130 petition for her and when he gets the receipt...

Immigration Issues: Fiance is Illegal Alien, free phone consultation, working under the table
free phone consultation, working under the table, mom and dad: It is not hard. How long it takes depends on shat state you live inand how fast your local office processes cases. The work card will take about 3 months from filing. His employment does not matter - it is your support and that of a co-sponsor that matters....

Immigration Issues: Fiance/marriage immigration, fiance visa, visa status
fiance visa, visa status, american citizen: The K-1 is a fiance visa and therefore you would apply, get an approval, and your fiance would enter the US before you marry. You then would need to marry within 90 days of his US entry. There may be other ways for him to enter but the intent to marry a...

Immigration Issues: Fiance or Spouse Visa???, spouse visa question, us consulate in australia
spouse visa question, us consulate in australia, immigration visa: I don t understand your question. I don t think you do either. I am sure you didn t understand my last response. I suggest you contact an experienced immigration attorney and sit down and work this out. You may regret it if you don t. You are taking...

Immigration Issues: Fiance in UK want to marry ASAP, visa application, wavier
visa application, wavier, safe side: If she comes, and you get married, the only real downside is that she will not be able to leave the USA until the visa application is processed. This can take some time. So make sure the both of you are really ready, and that she will not need to go back...

Immigration Issues: Fiance Visa, fiance visa, fiance visas
fiance visa, fiance visas, immigration attorney: Q1. Do you recommend a lawyer? A1. Any qualified immigration attorney than handles family cases could do this. We can do it and I can be contacted at jim@immigrationvisausa.com. Q2. Once we submit the papers, how long does it take to process (more...

Immigration Issues: Fiance Visa, fiance visa, full time job
fiance visa, full time job, reading government: She can not get fiancee status without leaving the country. There is no point to doing that. She can get married now civilly and then be able to file the Immigration papers and then be able to have the religious wedding in July. After marrying she can file...

Immigration Issues: Fiance Visa, fiance visa, j1 visa
fiance visa, j1 visa, immigration attorney: You have left out a lot of facts here, and this is a very fact driven question. This is really not the right place to deal with this. You need to go to an immigration attorney, bring the girls passport, sit down answer questions, ask questions, etc. I think...

Immigration Issues: Fiance Visa, fiance visa, fiance visas
fiance visa, fiance visas, airplane tickets: Well I recommend myself. I have done over 1500 such visas. It is difficult to say how long things take since things vary, but the visa process is a 2 step process. First step is to apply for the visa with the BCIS. That can take from 2 weeks to six months....

Immigration Issues: Fiancee/holiday visas, temporary work visa, empire state building
temporary work visa, empire state building, immigration authorities: When you enter the country on the Wavier visa DO NOT TELL THE IMMIGRATION THAT YOU ARE COMING TO GET MARRIED. Just say you want to visit the US, see the Mickey Mouse, the Empire State Building, whatever. Then get married. Once married your spouse petitions...

Immigration Issues: Fiancee or Spouse Visa, spouse visa, immigrant visa
spouse visa, immigrant visa, consular processing: If he got married and filed I -130 he would then have to file I-129f for K3 visa - he can not keep the old application or its filing date. He would wait for consular processing of immigrant visa - about 9 months or he would file for K3 and bring her here in...

Immigration Issues: Fiancee, h1b1, uscis
h1b1, uscis, fiancee: Hi, Your friend meets the requirements since he met his fiancee within the past 2 years of filing the I-129F. There is no requirement that he know his fiancee for 2 years or more; the requirement is that he met her within the past 2 years. The I-129F...

Immigration Issues: Filing for Clemency, immigration law, texas department of corrections
immigration law, texas department of corrections, unfortunatly: As an aggrevated felon you have no chance for 20 years, even with clemency. Clemency does not take away the fat that you committed the acts that are an aggrevated felony in the Immigration Law, that carry with it a 20 year bar. I do not recommend you spend...

Immigration Issues: Filing G-325A, waiting tables, web forum
waiting tables, web forum, thanks in advance: You need to clarify your question a bit. Are you the alien or is she? If you are, what type of visa did you enter with and when did it expire? What country are you/she from? I am not sure what allegally (no such word) means or that entire statement...or...

Immigration Issues: Filing G-325A, advance parole, waiting tables
advance parole, waiting tables, green card: They will not check - they might even care more that money is coming in to the family than that your working illegally. The bigger issue for you is the advance parole. If you have been here illegally for more than 180 days, I would not leave the country even...

Immigration Issues: Filing instruction of form I-751, conditional permanent resident, detail evidence
conditional permanent resident, detail evidence, h1b1: Hi Kitty, I recommend checking yes. If there is an interview, you should be ready to state that your primary residence continued to be in the U.S. and that you were in India for specific temporary purpose (remodeling the house). Also, you continued to maintain...

Immigration Issues: Filing two petitions, h 1b visa, i 485 application
h 1b visa, i 485 application, 1b petition: Hi Jane, It is OK for an H-1B petition to be filed even though I-140 has already been filed by the employer. H-1B visa status is a dual-intent visa, which means that it allows for intention to immigrate to the U.S. even though it is a nonimmigrant...

Immigration Issues: Filing the Reentry Permit (I-131) from Guam, certified mail, reentry permit
certified mail, reentry permit, living in japan: It is technically okay to file from Guam,but the real issue is whether INS feels you have abandoned your residence. File the I-131 from Guam, send by certified mail and keep the receipts and have the permit send to the U.S.embassy abroad where you will be....

Immigration Issues: Filing for my wife, nvc, paperwork
nvc, paperwork, time frame: I-130 process will take 9-12 months. It goes to Service Center and then when approved goes to the NVC and then over to Embassy for interview. You can file I-130 and then after getting receipt file for K-3 using I-129F form. This will bring her here in 4-6...

Immigration Issues: Final Interview, ciudad juares, immigrant visa interview
ciudad juares, immigrant visa interview, fiancee visa: You should never have applied for a fiancee visa - it does not do anything for you - you were already here and married to a citizen. The problem is you entered illegally and did not have any paperwork pending for your residence before 4/30/01 - so you can...

Immigration Issues: Finger print appointment missed, cis office, appointment letter
cis office, appointment letter, finger print: It is incumbent upon you to make sure you attend all meetings and appointments scheduled by CIS, otherwise you risk your application being placed at the bottom of the pile or rejected. A letter to CIS is of no use. You need to physically go to your local...

Immigration Issues: Fingerprint jusrisdicition and decision on AOS, application support center, immigration officer
application support center, immigration officer, alien number: Really, so why the need of going through the fingerprint process if you are already a legal permanent resident? You made the statement regarding your non-immigrant visa that you had switch to an F-1 and that by 2000 you were out of status, which as a non-immigrant...

Immigration Issues: First name problem in passport, visa application form, h1b1
visa application form, h1b1, education documents: Hi, On the application I recommend that you specify YUVRAJ (your actual name). If possible, try to obtain a letter from the nearest Consulate of your country noting the discrepancy and that your actual name is YUVRAJ. If there is a query by the USCIS prior...

Immigration Issues: First Time H4 to H1 in Canada, westheimer suite, uscis gov
westheimer suite, uscis gov, ramasamy: You can file an amendment or a change of status in the US and if you do so she does not need to leave the country. The processing times would vary and you should check the USCIS.gov for this information. As to the consular processing in Canada, I would suggest...

Immigration Issues: FirstName and LastName, h1b1, venkateswara
h1b1, venkateswara, education documents: Hi Boppana, In our experience, there will be no problem since the Consulate will be able to verify that you are one and the same person, and the Consulate also knows that name order mixups (first, last names, etc.) are common due to actual confusion as...

Immigration Issues: Fleeing a country..., venezuala, british men
venezuala, british men, jail time: I am not 100% sure what you mean??? They were convicted in Venezuela. Not the UK. Now if they go back to Venezuela they are going to have some hard questions to answer to a judge, but in the UK they have not been convicted of anything. Why should they be...

Immigration Issues: FOIA for illegal immigrant, uscis gov, foia request
uscis gov, foia request, illegal immigrant: Since yur wife came here illegally, she is not eligible to process her green card here anyway unless she had something pending for her green card before April 30, 2001. If she has been here for more than a year after turning 18 she is subject to a 10 year...

Immigration Issues: Follow up Question about I-751, robert hollander, insurance paperwork
robert hollander, insurance paperwork, chris answer: The easier option for her is to get divorced and file the I-751. She does not have to wait the 2 years to file. She can file as soon as her divorce is final. As I said before as long as she has some evidence it should be fine. If she does not file I-751...

Immigration Issues: Follow up to yesterday b-2 visa question, children in china, stock answer
children in china, stock answer, visitor visas: Sorry, I am not in Guangzhou to examine the paperwork submitted or what keyed the interviewer to scrutinize your in-laws paperwork further. In this case all I can provide is a stock answer which is based on what is required normally for visitor visas. ...

Immigration Issues: Foreign girlfriend visiting on tourist Visa, us tourist visa, english language course
us tourist visa, english language course, visa fraud: She can stay on toursit visa. You should get married after she her visit is past 60 days to avoid visa fraud charges. SHe can then say she came here to visit you and friends and after 60 days things developed and she decided to stay but did not intend to stay...

Immigration Issues: Foreign Workers, work visas, countries work
work visas, countries work, dozens: I understand the question perfectly. However, there are dozens of possible visas that permit workers from other countries to enter the US. They all have different requirements, limitations and benefits. It is just too wide a question to answer without a...

Immigration Issues: Form I-9 and AOS, aos interview, time counselor
aos interview, time counselor, interview 4: Once again, I did not hear from you or see a message from you. I am in the office now - 2:45 eastern and will be here until about 6 eastern. Regards, Rober...

Immigration Issues: Forming LLC as an international student, h1b1, forming llc
h1b1, forming llc, f1 visa: Hi Kaan: This will be OK. Anyone in any status can open a company or make contracts or buy property or sue in court, etc. If you will be employed in day-to-day operations, however, you will need valid employment-based status such as OPT (after graduating;...

Immigration Issues: Forms I-864 and I-864A, contract between sponsor and household member, green card application
contract between sponsor and household member, green card application, federal poverty level: Once you wife becomes a naturalized US Citizen she can then petition for you via form I-130. The I-864 is signed by her; the I-864A is signed by the sponsoring family relative. It doesn t matter where you file, just as long as you have an accurate address...

Immigration Issues: Fraudulent immigration marriage, investigative office, immigration and customs enforcement
investigative office, immigration and customs enforcement, illegal aliens: Call 1-844-DHS-2ICE to report illegal aliens and any criminal activity relating to Immigration and Customs enforcement. Be as specific as you can with the information you provide. Names, dates of birth, addreses, cars, license plates, places where they might...

Immigration Issues: Freedom of Information, living in jamaica, greencard holder
living in jamaica, greencard holder, f1 visa: Things are a bit clearer now. Your parents can go to a CIS office and request those documents from their files to substantiate your case. This should not be a big issue. Explain to the Information Officer what you need and they should get it for you. It...

Immigration Issues: Friend cant get his visa, wants to stay, h1 b visa, masters of divinity
h1 b visa, masters of divinity, relevant bachelor: Hi William, Your friend would need to be sponsored by an employer for a position which requires a relevant bachelor s degree or higher. Alternatively, he can be sponsored by a close family member (such as a qualifying spouse, child, parent, or sibling)....

Immigration Issues: A Friends immigration problems, don crosby, mail letter
don crosby, mail letter, fiance visa: Well first of all, has he met the woman? I presume from your note the friend is a US citizen. All he has to do is go to the foreign country where the young lady lives, and visit with her for some reasonable time. Take pictures, etc. Then come back to the...

Immigration Issues: Fulbright J1 visa 2 year HRR, j1 visa, j1 waiver
j1 visa, j1 waiver, post doctoral research: Jo, Depending on your credentials, you may be eligible to apply for an O visa to continue working in the US. You may have to leave to country briefly (maybe to Mexico or Canada) and reenter on an O visa once it has been approved. As for your J1 waiver,...

Immigration Issues: From Full-time to external consultant in the same company, h1 b visa, h 1b visa
h1 b visa, h 1b visa, external consultant: Dear Carlos: You cannot work as an external consultant on your H-1B visa. You can amend it to work part time, but it should be as a salaried employee. Sincerely, Ramasamy Krishnan 9801 Westheimer Suite 302 Houston, TX 77042 www.ashleykrishnan.co...

Immigration Issues: f-1 student gettin married, adjustment of status, marraige
adjustment of status, marraige, consistantly: You can only file I-131 at the same time or after filing I-485. You can file I-130/I-485/I-765/I-131 packet as soon as you get married. As long as you have evidence of your marraige and answer consistantly at the time of your interview, you will be fine. ...

Immigration Issues: f-1 visa, visa lottery, unitil
visa lottery, unitil, married couples: Mike, I can only provide a brief answer and you really need an in-dept consultation to analyze your specific question. I also note that you should have considered your options before you stopped attending classes. I am fairly certain that your visa has...

Immigration Issues: I-130, 2a numbers, unmarried sons
Immigration Issues: I-130, 2a numbers, unmarried sons, permanent residents

Immigration Issues: I 130, immigration attorney, step parents
Immigration Issues: I 130, immigration attorney, step parents, stepchildren

Immigration Issues: I-130 marriage petition, citicen, inmigration
Immigration Issues: I-130 marriage petition, citicen, inmigration, green card

Immigration Issues: I 131 processing delays, travel document, 4 months
Immigration Issues: I 131 processing delays, travel document, 4 months, good luck

Immigration Issues: 485 interview result, visa
Immigration Issues: 485 interview result, visa

Immigration Issues: I-485 withdrew during 2nd interview, 10 years
Immigration Issues: I-485 withdrew during 2nd interview, 10 years

Immigration Issues: I 601 waiver denial, doctors notes, visa
Immigration Issues: I 601 waiver denial, doctors notes, visa

Immigration Issues: I-751 denial, amnesty program, profile cases
Immigration Issues: I-751 denial, amnesty program, profile cases, program c

Immigration Issues: I-751 Form and Biometrics, newark office, i 751
Immigration Issues: I-751 Form and Biometrics, newark office, i 751, biometrics

Immigration Issues: I 751 pending/separation, differant views, immigration case
Immigration Issues: I 751 pending/separation, differant views, immigration case, divorce decree

Immigration Issues: American Citizen, united states, foreign country
Immigration Issues: American Citizen, united states, foreign country

Immigration Issues: AOS, form i 485, marriage certificate
Immigration Issues: AOS, form i 485, marriage certificate, employment authorization

Immigration Issues: approved case/ deportation, honest answer
Immigration Issues: approved case/ deportation, honest answer

Immigration Issues: approved work permit lost in the mail, work permit, other ones
Immigration Issues: approved work permit lost in the mail, work permit, other ones, whit

Immigration Issues: asylee married to USC/removal proceddings/too complicated, voluntary departure, i 601 waiver
Immigration Issues: asylee married to USC/removal proceddings/too complicated, voluntary departure, i 601 waiver

Immigration Issues: B1/B2 VISA, b1 b2 visa, f1 visa
Immigration Issues: B1/B2 VISA, b1 b2 visa, f1 visa

Immigration Issues: B1 Visa runs out, mr hay, poverty level
Immigration Issues: B1 Visa runs out, mr hay, poverty level, income poverty

Immigration Issues: On B2 Visa When Girlfriend Pregnant, b2 visa, visitor visa
Immigration Issues: On B2 Visa When Girlfriend Pregnant, b2 visa, visitor visa, maximum time

Immigration Issues: Birth in USA on B2 Visa, best medical care, great education
Immigration Issues: Birth in USA on B2 Visa, best medical care, great education, tax payers

Immigration Issues: CANCEL green card!!!, contry, citizens
Immigration Issues: CANCEL green card!!!, contry, citizens

Immigration Issues: Cdn married to US Citizen, immigration law, breaking the law
Immigration Issues: Cdn married to US Citizen, immigration law, breaking the law, canadians

Immigration Issues: Change of Visa from F2 to H1B, university positions, abd
Immigration Issues: Change of Visa from F2 to H1B, university positions, abd, caps

Immigration Issues: CIS files motion to reopen N400 1 day before oath !!, conv, crimes
Immigration Issues: CIS files motion to reopen N400 1 day before oath !!, conv, crimes

Immigration Issues: US CITIZEN MARRIED TO A TOURIST VISA HOLDER
Immigration Issues: US CITIZEN MARRIED TO A TOURIST VISA HOLDER

Immigration Issues: CITIZENSHIP ISSUE, criminal record, congressman
Immigration Issues: CITIZENSHIP ISSUE, criminal record, congressman, 3 years

Immigration Issues: US Citizen filing for spouse with F1 Visa currently living in the USA., b1 b2 visa, medical shots
Immigration Issues: US Citizen filing for spouse with F1 Visa currently living in the USA., b1 b2 visa, medical shots

Immigration Issues: US Citizenship N-400 Interview, letter in the mail, citizenship oath
Immigration Issues: US Citizenship N-400 Interview, letter in the mail, citizenship oath, bset

Immigration Issues: COS from B1 to F1 , I-94 expiring, b2 visa, querry
Immigration Issues: COS from B1 to F1 , I-94 expiring, b2 visa, querry, uscis

Immigration Issues: cancel petition, legal opinion, dominican republic
Immigration Issues: cancel petition, legal opinion, dominican republic, marriage

Immigration Issues: US citizen wanting to marry UK citizen, uk citizen, work visa
Immigration Issues: US citizen wanting to marry UK citizen, uk citizen, work visa, telling the truth

Immigration Issues: Deferred Action Status, ead, us citizen
Immigration Issues: Deferred Action Status, ead, us citizen, lawyers

Immigration Issues: DUI effecting my character??, moral character, imprisonment
Immigration Issues: DUI effecting my character??, moral character, imprisonment, probation

Immigration Issues: domestic violence and citizenship, police clearance, conviction
Immigration Issues: domestic violence and citizenship, police clearance, conviction, immigration

Immigration Issues: Enrollment in US Armed Forces, joining the army, b2
Immigration Issues: Enrollment in US Armed Forces, joining the army, b2

Immigration Issues: Expired travel document and Re-enter in USA, travel document, passport
Immigration Issues: Expired travel document and Re-enter in USA, travel document, passport, china

Immigration Issues: F1 Visa, real estate business, real estate broker, visa status
Immigration Issues: F1 Visa, real estate business, real estate broker, visa status, real estate license

Immigration Issues: F2 to F1 conversion, f1, admission
Immigration Issues: F2 to F1 conversion, f1, admission, masters

Immigration Issues: FBI name background check, writ of mandamus, wikipedia
Immigration Issues: FBI name background check, writ of mandamus, wikipedia, fbi

Immigration Issues: FBI name check, congressman, congressmen
Immigration Issues: FBI name check, congressman, congressmen, relevant parties

Immigration Issues: FIANCE' STATUS CANCELED, FACING DEPORTATION, hollander, reinstatement
Immigration Issues: FIANCE' STATUS CANCELED, FACING DEPORTATION, hollander, reinstatement, 5 months

Immigration Issues: Fiance or Spouse Visa???, 5 months, green card
Immigration Issues: Fiance or Spouse Visa???, 5 months, green card, citizen

Immigration Issues: Final Interview
Immigration Issues: Final Interview

Immigration Issues: Fraudulent immigration marriage, tape recordings
Immigration Issues: Fraudulent immigration marriage, tape recordings

Immigration Issues: Fulbright J1 visa 2 year HRR, fulbright, j1
Immigration Issues: Fulbright J1 visa 2 year HRR, fulbright, j1, waivers

Immigration Issues: about form I-864, immigration, lawyers
Immigration Issues: about form I-864, immigration, lawyers

Immigration Issues: G-325A form (as a part of I-129F Petition for a K1 Visa), residance, last address
Immigration Issues: G-325A form (as a part of I-129F Petition for a K1 Visa), residance, last address

Immigration Issues: Green Card and Career Change, ac21, salary
Immigration Issues: Green Card and Career Change, ac21, salary, job

Immigration Issues: Green card, 5 months, us embassy
Immigration Issues: Green card, 5 months, us embassy, paperwork

Immigration Issues: I a a Green card holder in U.S and my fiancee is in U.k with student visa, 9 months, green card
Immigration Issues: I a a Green card holder in U.S and my fiancee is in U.k with student visa, 9 months, green card, 18 years

Immigration Issues: green card by marriage expiration, director of homeland security, green cards
Immigration Issues: green card by marriage expiration, director of homeland security, green cards, petitioner

Immigration Issues: green card revocation, good faith, telling the truth
Immigration Issues: green card revocation, good faith, telling the truth, jail time

Immigration Issues: H1-B Sponsorship from a Non-Profit, educational institution, h1
Immigration Issues: H1-B Sponsorship from a Non-Profit, educational institution, h1, bachelor

Immigration Issues: H1-b or EB-3 visa, visa states, bachelor degree
Immigration Issues: H1-b or EB-3 visa, visa states, bachelor degree, computer networking

Immigration Issues: H1 transfer without ever been to US, h1b, good faith
Immigration Issues: H1 transfer without ever been to US, h1b, good faith, petition

Immigration Issues: H1 visa occupation, bureau of labor statistics, shortage of teachers
Immigration Issues: H1 visa occupation, bureau of labor statistics, shortage of teachers, american teachers

Immigration Issues: H1B visa denial, deniel, denail
Immigration Issues: H1B visa denial, deniel, denail, visa

Immigration Issues: H1B visa - Teacher certification, carlos ordonez, acp program
Immigration Issues: H1B visa - Teacher certification, carlos ordonez, acp program, dallas austin

Immigration Issues: H4 to H1 Status, h1b status, h4
Immigration Issues: H4 to H1 Status, h1b status, h4, due date

Immigration Issues: h1 transfer receipt delay, receipt notice, receipt number
Immigration Issues: h1 transfer receipt delay, receipt notice, receipt number, usps

Immigration Issues: what would happen if i filed for the divorce?, citizen
Immigration Issues: what would happen if i filed for the divorce?, citizen

Immigration Issues: immigration help?, b2 visa, interview two
Immigration Issues: immigration help?, b2 visa, interview two, initial interview

Immigration Issues: immigration question, defamation of character, nigerians
Immigration Issues: immigration question, defamation of character, nigerians, libel

Immigration Issues: immigration - VAWA pending application, police reports, matter of fact
Immigration Issues: immigration - VAWA pending application, police reports, matter of fact, good reason

Immigration Issues: J-1 Visa, objection, united state
Immigration Issues: J-1 Visa, objection, united state

Immigration Issues: K1 Visa engaged to a mexican man, illegal aliens, old habits
Immigration Issues: K1 Visa engaged to a mexican man, illegal aliens, old habits, cockroaches

Immigration Issues: L1 validity after status change to H1B, l1
Immigration Issues: L1 validity after status change to H1B, l1

Immigration Issues: L2 to H1b Conversion - urgent, visa number, month of june
Immigration Issues: L2 to H1b Conversion - urgent, visa number, month of june, h1

Immigration Issues: L2 Visa change to H1B, visa
Immigration Issues: L2 Visa change to H1B, visa

Immigration Issues: Lifting the conditional green card, indo china, immigration lawyer
Immigration Issues: Lifting the conditional green card, indo china, immigration lawyer, 13 years

Immigration Issues: I'M AN ITALIAN MAN WHO SHOULD LIVE AND WORK IN THE UNITED STATES LEGALLY, gold digger, freeloader
Immigration Issues: I'M AN ITALIAN MAN WHO SHOULD LIVE AND WORK IN THE UNITED STATES LEGALLY, gold digger, freeloader, american woman

Immigration Issues: Marriage to a Foreign National, travel state gov, fiancee visa
Immigration Issues: Marriage to a Foreign National, travel state gov, fiancee visa, immigrants

Immigration Issues: Marriage to an illegal immigrant, acct, proof
Immigration Issues: Marriage to an illegal immigrant, acct, proof, marriage

Immigration Issues: Marriage visa between a US citizen and UK citizen, visa waiver program, family visa
Immigration Issues: Marriage visa between a US citizen and UK citizen, visa waiver program, family visa, adjustment of status

Immigration Issues: Married a US Citizen, true marriage, birthdates
Immigration Issues: Married a US Citizen, true marriage, birthdates, basic questions

Immigration Issues: Married to an illegal, birth defect, emotional problems
Immigration Issues: Married to an illegal, birth defect, emotional problems, aao

Immigration Issues: Met girl in Brasil.
Immigration Issues: Met girl in Brasil.

Immigration Issues: Misdemeanor and Citizenship N-400 Form, probation, citizen
Immigration Issues: Misdemeanor and Citizenship N-400 Form, probation, citizen

Immigration Issues: Motion to reopen - I-751 denial, immigration status, multinational corporations
Immigration Issues: Motion to reopen - I-751 denial, immigration status, multinational corporations, immigration laws

Immigration Issues: Moving back to US, resident visa, green card
Immigration Issues: Moving back to US, resident visa, green card, us citizen

Immigration Issues: N-400 : Have you EVER claimed to be a US CITIZEN, naturalization oath ceremony, notice of naturalization oath
Immigration Issues: N-400 : Have you EVER claimed to be a US CITIZEN, naturalization oath ceremony, notice of naturalization oath, good luck

Immigration Issues: new proceedings in cuidad juarez, immigration lawyer, greencard
Immigration Issues: new proceedings in cuidad juarez, immigration lawyer, greencard, medical exam

Immigration Issues: What's next?, form i 485, form i 765
Immigration Issues: What's next?, form i 485, form i 765, advance parole

Immigration Issues: OPT and H1B gap, university of northern virginia, beacom
Immigration Issues: OPT and H1B gap, university of northern virginia, beacom, virginia 2

Immigration Issues: Owning an LLC by F-1 student !!!, green card application
Immigration Issues: Owning an LLC by F-1 student !!!, green card application

Immigration Issues: personal debt before marriage., marriage ceremony, exact question
Immigration Issues: personal debt before marriage., marriage ceremony, exact question, immigration law

Immigration Issues: please reply, usa immigration, calender
Immigration Issues: please reply, usa immigration, calender, 5 months

Immigration Issues: plz help me..for GIOD SAKE, indian passport, coming to india
Immigration Issues: plz help me..for GIOD SAKE, indian passport, coming to india, voluntary departure

Immigration Issues: question, postville iowa, social security number
Immigration Issues: question, postville iowa, social security number, ss number

Immigration Issues: questions asked by border guards, canada calgary, border guard
Immigration Issues: questions asked by border guards, canada calgary, border guard, border guards

Immigration Issues: Removing a USCIS/ICE Hold, poor woman, central america honduras
Immigration Issues: Removing a USCIS/ICE Hold, poor woman, central america honduras, vilent

Immigration Issues: regarding the IRS 1722 letter, irs 1722, form 4506 t
Immigration Issues: regarding the IRS 1722 letter, irs 1722, form 4506 t, free transcripts

Immigration Issues: retention of priority date under CSPA, immigration lawyer, i 130 petition
Immigration Issues: retention of priority date under CSPA, immigration lawyer, i 130 petition, priority

Immigration Issues: Status of I485, u s citizenship and immigration services uscis, citizenship and immigration services
Immigration Issues: Status of I485, u s citizenship and immigration services uscis, citizenship and immigration services, naturalization applicants

Immigration Issues: shipping 222's across the US border, controlled substance, zero tolerance
Immigration Issues: shipping 222's across the US border, controlled substance, zero tolerance, best of luck

Immigration Issues: spouse visa, extreme hardship, immigrate2us net
Immigration Issues: spouse visa, extreme hardship, immigrate2us net, hardest thing

Immigration Issues: Traveling to US on visitor visa with approved I-130, b2 visa
Immigration Issues: Traveling to US on visitor visa with approved I-130, b2 visa

Immigration Issues: UK-US marriage, spousal visa, immigration officers
Immigration Issues: UK-US marriage, spousal visa, immigration officers, scheme of things

Immigration Issues: Visa for my husband, visa
Immigration Issues: Visa for my husband, visa

Immigration Issues: visiting USA on B2 then getting married there or getting married in China first then visit USA on B2, culture change, trial period
Immigration Issues: visiting USA on B2 then getting married there or getting married in China first then visit USA on B2, culture change, trial period, visa

Immigration Issues: Work Authorization/Legal while awaiting Status Adjustment?, temporary work permit, fiance visa
Immigration Issues: Work Authorization/Legal while awaiting Status Adjustment?, temporary work permit, fiance visa, visa fraud

Immigration Issues: I want to immigrate to UK to live & work, south african woman, health problems
Immigration Issues: I want to immigrate to UK to live & work, south african woman, health problems, cousin

Immigration Issues: work permit renewal, immigration service, key project
Immigration Issues: work permit renewal, immigration service, key project, obfuscation

Immigration Issues: f1-visa, visa lottery, unitil
visa lottery, unitil, married couples: Marrying an American to obtain status is a serious felony that can land you and the person in jail for up to 15 years, then deportation. And if it is found that your soon to be ex-wife was party to this scheme, she to will find herself in jail and later deported...Fraud...

Immigration Issues: fallow up, case question, deportation
case question, deportation, enough money: David: The fact that your family is in the US and you came to the US when you where a child...could be helpful. You need to discuss this with your attorney, since there are many issues involved in this. One thing that you need to confirm is whether you...

Immigration Issues: family 485 and weird document requests from IO, infopass appointment, immigration case
infopass appointment, immigration case, birthcertificate: Sue: You should call the officer or make an infopass appointment and check on your status of the case. I am not sure why the attorney suggested that the family register is not the right document. The USCIS usually accepts these documents from countries such...

Immigration Issues: family based green card, g 325a biographic, i 797 notice of action
g 325a biographic, i 797 notice of action, visa petition: You are in one of those twilight positions...you are not actually legal, but since you have an approved visa petition and are pursuing permanent resident status, and do not get into any trouble , you will permitted to remain in the US. However, you still...

Immigration Issues: family based green card, adjustment of status, cardholder
adjustment of status, cardholder, card holder: Since your wife is only a green cardholder, you can not apply for adjustment until your wife is a citizen. You are technically out of status since you do not work for your sponsoring employer, but that will all be forgiven once your wife becomes a citizen....

Immigration Issues: family based immigration visa, immigration visa, birthcert
immigration visa, birthcert, immigrant visa: Once the green card is issued, your son should be save as long as he maintains his green card status. However, failure to apply will be just as problematic. Your abandonment of your residence will not automatically cause him to be deemed to have abandoned...

Immigration Issues: family-based immigration, immigration visas, affidavit of support
immigration visas, affidavit of support, medicare medicaid: If they nmake one trip every 6 months they do not need a reentry permit. They must apply for permit when here. After filing they can leave and permit can be picked up at US Embassy in Russia upon approval. Yes 10 years from getting green card. Regards,...

Immigration Issues: family immigration, mandatory bar, formal consultation
mandatory bar, formal consultation, family immigration: Unless something was filed prior to April 30, 2001 for your husband to obtain a green card, you can t. Illegal entry prevents adjustment of status. To receive a green card, your husband would need to leave the US and apply at a consulate. The problem is...

Immigration Issues: family petition, family petition, 245i law
family petition, 245i law, final interview: The case will take about 15 years and unless the 245i law comes back you are not eligible to get your final interview here and if you go home you will be subject to a 10 year bar. So he can file now andhope the law changes int he next 15 years. Regards,...

Immigration Issues: family visa, marriage to a us citizen, family visa
marriage to a us citizen, family visa, valid visa: Gel, Provided he is eligible to file (entered the US on a valid visa etc.) the pending application filed by you should not have any impact on his filing an adjustment of status application based on his marriage to a US citizen. Sincerely, Ramasamy Krishnan...

Immigration Issues: My father, information act request, freedom of information act request
information act request, freedom of information act request, freedom of information act: Go to www.uscis.gov website and download a G-639. File the Freedom of Information Act request to get a copy of his file. If the petition was not approved before your mother died you can not revive that case but you can use it for your father to be allowed...

Immigration Issues: When did I fell out of status, f1 visa, immigration law
f1 visa, immigration law, green card: Immigration law is Federal law and can be practiced anywhere if the lawyer is admitted in one state. I routinely handle cases across the U.S. though my main practice is in NY/NJ and CT. My legal fee is $2000 plus filing fees. Let me know if you are interested....

Immigration Issues: my fiance's immigration, visa waiver program, fiance visa
visa waiver program, fiance visa, immigration fraud: That s called preconceived intent and it could lead to a claim of immigration fraud. Entry on the Visa Waiver Program is intended for short visit, not to bring a fiance to the US so that he can file for adjustment of status. The actual answer is that...

Immigration Issues: fiance tourist, immigrant status, permanent residence
immigrant status, permanent residence, fiance: The law is just the opposite of what you were told. She can not get fiancee status from Immigration while she is here and must go home for the interview. If you just marry her here she can remain here and file for her permanent residence. Regards, Rober...

Immigration Issues: fiance visa, american embassy in india, fiance visa
american embassy in india, fiance visa, embassy in india: It would take about 6 months. You do not have to go to the interview unless requested by the Embassy. He could try to be interviewed in the American Embassy in Austria, but if he is not a citizen there, they have the discretion to send him to the American...

Immigration Issues: fiancee becoming F-2, immigration service, immigration attorney
immigration service, immigration attorney, fraudulent intent: Claudia: You can get married and have your spouse apply for a change of status to F-2. However, you need to be aware of the issue of fraudulent intent in such cases. The Immigration service would consider your fiancee s intent was not to enter as a tourist...

Immigration Issues: fiancee, h1b1, fiancee
h1b1, fiancee, arora: If the fiancee does not marry the petitioning fiance within 90 days of entry, there is no way to extend or change her status within the U.S. The fiancee must marry the petitioner within 90 days of entry, or depart the U.S. during the 90 days. There are no...

Immigration Issues: just filed I-485 and dream job offer from overseas, immigration service, immigration issues
immigration service, immigration issues, advance parole: I think the best thing to do is notify the Immigration Service, and ask for advance parole. When the time comes, you will have to return back to the US with your husband for the interview. When they ask you why you are not living in the US , you say it is...

Immigration Issues: Just filed I485 and got dream job offer overseas, advance parole, advanced parole
advance parole, advanced parole, consular processing: Hi Jenny, If you depart the U.S. without being granted either conditional or permanent resident status, or without advance parole document, you will be considered to have abandoned the I-485 application. If you must leave, say, this week or next week,...

Immigration Issues: filing form N-336 & other issues please help, last known address, appt
last known address, appt, new application: The time it will take to get a new interview for an appeal will be as long or longer than new application. Also, there is a chance they will still deny your appeal becasue they will say they mailed the last appt. to your last known address and it was never...

Immigration Issues: final Interview, final interview, juarez
final interview, juarez, petition: If he was here illegally for more than 6 months and leavs the country he is subject to a 3 year bar. If he stayed more than 1 year and leaves he is subject to the 10 year bar. There is no fine - it is a filing fee for the waiver he would need to apply for....

Immigration Issues: final interview, permanent resident visa, mexican citizen
permanent resident visa, mexican citizen, getting a visa: Depends what the misdemeanor was. Under Immigration law, some crimes that are misdemeanors under state law are recognized differently. However, as long as your husband departed within the time frame granted by the Immigration court, you have a valid marriage,...

Immigration Issues: How to find the date on an N400, n400, line reading
n400, line reading, permanent residency: He does not have an N400 card. He has an I-551 card. The N400 is the number of the form to apply for citizenship. If he has a newer green card there is a line on the front that says resident since and a date with nothing on the back. If he has an older card,...

Immigration Issues: fioncee, fiancee visa, applying for citizenship
fiancee visa, applying for citizenship, fiance: Did he enter legally or illegally? If he came in illegally, he is not eligible to get it here and if he goes back to Mexico he will be subject to a 10 year bar and will need a waiver. If he came in legally but overstayed, he will be able to get his papers...

Immigration Issues: five years past on tourist visa, tourist visa, little hope
tourist visa, little hope, thirty days: I don t understand you question? If you have overstayed your visa by over 5 years, there is little hope for you. There is no visa available, at least not with the information you have provided, and if there were you would have to leave the USA and remain...

Immigration Issues: foreign citizens committing crimes on US soil, attempt murder, immigration and customs enforcement
attempt murder, immigration and customs enforcement, filipino men: Ordinarily, for crimes of this magnitude, a hold would be placed on them but ICE (Immigration and Customs Enforcement) while they are still in prison. When they are due to be released, ICE would be notified and they would either be transferred to an ICE detention...

Immigration Issues: foreign national marriage, visitor visa application, fiance visa
visitor visa application, fiance visa, filipino citizen: Hi Phillip, You must be a U.S. citizen in order to file a fiance petition for a fiance. Your spouse would then enter the U.S. and you would marry each other within 90 days of her entry to the U.S. Since you are not a U.S. citizen, your spouse can apply...

Immigration Issues: form I-539, express mail, mark ashley
express mail, mark ashley, fedex: The I539 should be your address and not the schools address. The USCIS does accept FedEx. We file using FedEX and feel it is a better option. If you need any further advice or your friends need advice you may contact me at ashleykrishnan.com Mark Ashle...

Immigration Issues: form I-539, express mail, dear jon
express mail, dear jon, fedex: Dear Jon: The address on the Form I-539 in the section you mention will be your address and not the school s address. The USCIS accept s FedEx and I think is the better option. Sincerely, Ramasamy Krishnan 9801 Westheimer Suite 302 Houston, TX 77042...

Immigration Issues: form I-539, express mail, reinstatement
express mail, reinstatement, fedex: Use the address you regularly received mail at. I assume you are applying for reinstatement. In any case, with the I-539, attach your I-94 AND the I-20 from your school. You also must submit proof you are able to pay for your studies and support yourself...

Immigration Issues: about form I-864, minimum salary, greencard
minimum salary, greencard, dilema: All I can tell you to do is read the instructions. They are not vague. It is just difficult. I cannot give you a step by step instruction on how to do this. You may want to retain an attorney to prepare it for you if you cannot do so yourself. Good luck...

Immigration Issues: freezing my alien reg card, reg card, permanent resident
reg card, permanent resident, green card: Alia, There is no such thing as freezing my alien reg card . You are required to show that you intend to be a permanent resident of the US at all times. If you are planning to stay out of the US for a year or more, I would advise you to apply for a re-entry...

Immigration Issues: Does my friend need to go back to China to get a new J-1 status?, ds 2019 form, university of columbia
ds 2019 form, university of columbia, country china: Your friend is already in the U.S. with an I-94 which says d/s which means duration of status. She also has the new IAP-66 showing her current validity. She can stay here legally without getting any visa change as long as she is follwoing a J-1 program....

Immigration Issues: a friend, immigration consequences, immigration attorney
immigration consequences, immigration attorney, criminal attorney: Maybe, maybe not. It depends on numerous factors including the legitimacy of the marriage and relationship, what he is charged with, whether he is convicted, what the sentence is, how he entered the US, and what his current status is. He really needs...

Immigration Issues: G-325A form (as a part of I-129F Petition for a K1 Visa), alien registration number, k1 visa
alien registration number, k1 visa, g 325a: Your 325A is about you and hers is about her - put none under her A number. Have her send you a copy of her signature and trace it onto the original if you do not want to mail it to her for signature - Immigration will not accept a copy of a signature. ...

Immigration Issues: Gay immigration, gay immigration, marriage licence
gay immigration, marriage licence, student visa: Doug, I m not sure if you can marry based on a student visa without residing in the state itself longterm. Each state has residency laws which ask that the individual be in the state a certain amount of time before getting a driver s licence. marriage licence,...

Immigration Issues: GC holder to live abroad, advance parole, card holder
advance parole, card holder, green card: It is fine for you to leave for six months, but be careful. If you stay out more than one year without an advance parole reentry permit, you lose your GC. Just make sure you return within 1 year of leaving. If you think you might not be able to do so, apply...

Immigration Issues: Can a GC holder work outside of the US, marriage to a us citizen, job offer
marriage to a us citizen, job offer, 28 days: It shouldn t be a problem. Just remember the issue is to be able to prove the marriage is still valid. Same mail, same address on driver s license, etc. Just because you take a good job that requires you to travel should not change this if everything else...

Immigration Issues: General information, dear mr, 9 months
dear mr, 9 months, green card: You have to wait 4 years and 9 months after your probation ended to be eligible. They can deny the application in their discretion even after the 5 years but probably will approve it, if it is your only arrest. You will have to supply them with a disposition...

Immigration Issues: Girlfriend entering U.S., return flight, waiting period
return flight, waiting period, fiancee: If your fiancee has no need to return to Canada, she can come here and then when she gets her final divorce you can file for her green card. If she is going to need to go home for any reason then she needs to leave the U.S. every 6 months and stay home for...

Immigration Issues: GREEN CARD EXTENTION, reentry permit, time ie
reentry permit, time ie, querry: You can stay out up to one year at a time. If you want more, you can file a reentry permit which will alow up to 2 years. If you stay out more than a year with the permit you will have to start the qualfying period over for citizenship. Regards, Rober...

Immigration Issues: GREEN CARD RENEWAL, green card renewal, criminal convictions
green card renewal, criminal convictions, citizenship: Since it has been expired 3 years, I would renew it before doing citizenship, though you do not have to. You can be denied renewal or citizenship for various reasons, such as if you have had certain types of criminal convictions. Regards, Robert...

Immigration Issues: GREENCARD, immigration authorities, abused spouses
immigration authorities, abused spouses, immigration status: Maria, what is your current immigration status? Have you filed domestic violence against your husband? Has he been convicted? Foreign nationals, abused by their US spouses are eligible for relief and a special visa for abused spouses. You must make...

Immigration Issues: Grace Period for Tourist Visas, visa extension, negative consequences
visa extension, negative consequences, tourist visa: It would be wise to ask for an extension just in case she needs to stay longer or has any problems. However, there are no real negative consequences to overstaying a tourist visa by a few days. However, you don t want to overstay more than 180 days. And you...

Immigration Issues: Green Card, visa waiver program, french citizen
visa waiver program, french citizen, permanent resident status: Q1. Can I enter the US for a short visit under the Visa waiver program before we file for a new Green Card? A1. You could try but you probably would be denied entry since you are perceived to have an intent to immigrate. Q2. Can I enter the US under...

Immigration Issues: Green Card, college admission application, immigration office
college admission application, immigration office, adjustment of status: Nikolay, Three years is certainly a long time. I am not sure why there is such a long delay. I cannot give you any substantial advise on this matter based on the information you have provided. I would suggest that you keep on enquiring your status with the...

Immigration Issues: Green Card, visa waiver program, permanent resident status
visa waiver program, permanent resident status, french citizen: Here are my three questions: 1. Can I enter the US for a short visit under the Visa waiver program before we file for a new Green Card? yes. 2. Can I enter the US under the Visa waiver program while I wait for my Green Card to be issued? this...

Immigration Issues: Green Card, permanent resident card, alien card
permanent resident card, alien card, abbreviate: To correct a Permanent Resident Card (I-551), you must file form I-90. IF the error was the fault of USCIS, you do NOT have to pay the fee. IF the error was your fault, you DO need to pay the fee. Note that the bottom of page 1 of the Instructions to the...

Immigration Issues: Green Card, citizenship exam, criminal conviction
citizenship exam, criminal conviction, spelling errors: Sorry for the gramatical/spelling errors in my last response. I simply do not have time to review, when I am not getting paid. Immigration is Federal Law and applies everywhere. An unconditional permanent resident is given such status forever, unless they...

Immigration Issues: Green Card, infopass appointment, advance parole
infopass appointment, advance parole, check clearance: The expiration date on the I-94 is just for administrative purposes. You can go back with new valid advance parole document. Your trips with paroles will not affect you unless you have previously spent ilklegal time in the U.S. after 4/97. Regards, Rober...

Immigration Issues: Green Card, h1b visa, initial job
h1b visa, initial job, work permission: Your lawyers made a big mistake. If you change the job requirements you would need a new perm case. You could only get more H-1B time, if you have not been here 6 years on H or once your Perm was pending for more than a year (assuming you remain in status)....

Immigration Issues: Green Card, h1b1, uscis gov
h1b1, uscis gov, arora: Hi James, Your wife continues to be a permanent resident. However, my recommendation is that she not travel outside the U.S. at this time as there will be a problem upon re-entry. She needs to file Form I-90: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD...

Immigration Issues: Green Card, h1b1, on3
h1b1, on3, day grace: Hi Jess, As long as you initially entered the U.S. legally, and as long as you marry a U.S. citizen, you will be able to adjust status in the U.S. without a problem. However, during the interim between the 60-day grace period and the time that your husband...

Immigration Issues: Green Card Application, green card application, l1 visa
green card application, l1 visa, spouse visa: Your seperation will not effect him. He is the principal applicant, you are the deriviative. If Immigration figures out you are not living together before you get approved, there is always the chance they will not approve your case. He will get it with out...

Immigration Issues: Green Card and Canadian PR, permanent resident visa, canadian permanent resident
permanent resident visa, canadian permanent resident, entry stamp: INS can revoke your permanent residence if you violate any of the provisions of your permanent residency or ANY immigration law or Criminal activity in or outside the US, there is nothing technical about it. That being said, no CIS (INS) will not revoke...

Immigration Issues: Green Card and Career Change, position company, mroe
position company, mroe, career change: Once you get your green card you and your wife can change employers and fields with no problem. After your AOS is pending for mroe than 180 days, you can change employers within same field and same geographic area. You can not change geographic area or field...

Immigration Issues: Green Card Filing for parents, conditional permanent resident, visitor visa
conditional permanent resident, visitor visa, family categories: Hi Amit, You can sponsor your parents only if you are a U.S. citizen. The family categories are listed here: http://www.h1b1.com/sponsor.htm Once you are a U.S. citizen and sponsor your parents, they will probably not be issued a visitor visa. Regards,...

Immigration Issues: Green Card and health issue, immgration, health issue
immgration, health issue, green card: If you are not legal in the country now and had nothing pending with Immgration before 4/30/01 you are nto eligible to get a green card in the United States unless you came in legally and marry an American. If you are legal in the country, a prm filing...

Immigration Issues: Green Card Interview, atlanta district office, formality
atlanta district office, formality, green card: Your interviews should not be separate. If your father gets approved, it is pretty much a formality to have his wife and you approved. Do you have a lawyer for the case? Make sure they bring all the required documents and forms. Regards, Rober...

Immigration Issues: Green Card and L2 application, green card application, l2 visa
green card application, l2 visa, h1b1: Hi Manoj, Once you marry your girlfriend, she can apply for and receive L2 visa. This visa status allows for intention to immigrate to the U.S. She should not cancel her ongoing green card process, as L visa status will not interfere with the green card...

Immigration Issues: Green Card Lottery, green card lottery, dv 2008 lottery
green card lottery, dv 2008 lottery, immigrant intent: Dear Danko: On the issue of the F-1 visa, irrespective of the expiry of the F-1 visa your spouse would continue to be on F-1 status as long as she remains in school and is a full-time student as per the F-1 regulations. However, if she wishes to travel...

Immigration Issues: Green Card for Sibling, tourist visa, student visa
tourist visa, student visa, colleg: She can not work on a tourist visa. It is very hard to come on a toursit visa and change to a student. Immigration knows it takes much longer to get a student visa and that people get impatient and try to get a toursit visa when they really want to be a student....

Immigration Issues: Green Card, green card application, vermont service center
green card application, vermont service center, immigration lawyer: If you have called 1-800-375-5283 and they cannot help yoy, you have a prroblem. This is one of the problems of handling your case without an attorney. If all else fails, i use the liasion of the American Immigration Lawyer s Association. You do not have...

Immigration Issues: Green Cards through employment, h1 b visa, staff accountant
h1 b visa, staff accountant, bachelors degree: No chance to get it in the time frame you need to be eligible. You only have til the ned of the month plus 60 days unless you qualify for some othe type of visa. Bookeeper and IT Assistant do not qualify for H-1 anyway - only accountant. Regards, Rober...

Immigration Issues: Green card, viet nam, permanent resident card
viet nam, permanent resident card, picure: As long as you have a valid, unexpired Permanent Resident card, you may visit Viet Nam (remember to get the re-entry permit from CIS). The travel agent has no jurisdiction or authority to require you to get a new card. That is why there is an expiration...

Immigration Issues: Green card, uscis gov, permanent resident card
uscis gov, permanent resident card, greencard holder: Hi Ms. Leong, Your friend can travel outside the U.S. for up to one year at a time. If she will be traveling between one year and less than two years, she will need a reentry permit by filing form I-131: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?...

Immigration Issues: Green card, green card application, f1 visa
green card application, f1 visa, immigration visa: Unfortunately it is very likely that the application will be denied because of duel intent. An F1 visa is a temporary visa for people who intend to study in the US and NOT-immigrate. IFf there is an immigration visa pending, then there is an issue of duel...

Immigration Issues: Green card from abroad, 1b status, working in usa
1b status, working in usa, russian university: Hi, It is OK if you exceeded 6 years in H-1B status because H-1B status can be extended beyond six years if a labor certification was filed at least one year before you completed six years in H-1B status. Therefore, you do not appear to be subject to any...

Immigration Issues: Green card advice, green card application, approximate timeline
green card application, approximate timeline, visa documentation: You have a 4 year wait for immigration based on your parents. You seem to have a lot of basic questions about an O-1 yet you are certain that you qualify. You can check the USCIS website for more information of schedule a consultation with an immigration...

Immigration Issues: Green card, is it easier to get for a single person or a couple?, visa status, working visa
visa status, working visa, card case: It only matters for your future wife. If you get married before, she will get it with you. If not, she will have to wait about 5 years, as you will have to apply for her as the spouse of a resident and not as a derivative of your green card case. Rober...

Immigration Issues: Green card expires., divorce papers, divorce decree
divorce papers, divorce decree, restraining order: You can not file checking off the box that the marriage was terminated without a divorce. Since you know where your husband is, you must hire someone to serve him with diovorce papers. As soon as you get divorced, file the I-751. If the divorce is not filed...

Immigration Issues: Green card and H1B, visa availability, 1b petition
visa availability, 1b petition, h1b1: Hi, When you are married, your wife will be able to file I-485 (and associated applications such as employment authorization application) only when your priority date is current. This depends on visa availability in the particular employment-based category...

Immigration Issues: I a a Green card holder in U.S and my fiancee is in U.k with student visa, visiting visa, immigration attorney
visiting visa, immigration attorney, student visa: You can get married any time and anywhere you want. However, applying for his visa will be a bit tricky since you are not a US citizen. I suggest you contact an immigration attorney, and have him or her explain to you the various options available to you....

Immigration Issues: Green card lottery, american immigration lawyers, green card lottery
american immigration lawyers, green card lottery, immigration lawyers association: Ana: To take a reduced course work you need permission of the International Students office at your educational institution. So check with them to make sure that your I-20/Sevis shows that you are in status. As to extension of your F-1 visa, it is required...

Immigration Issues: Green card from marriage, visa holder, advance parole
visa holder, advance parole, american citizen: You are not illegal. And if you get approved for an advance parole you should have no problem as long as you follow the rules. The applications are not impossible to do on your own, but I have found a lot of people who simply cannot do them properly. ...

Immigration Issues: Green card and PERM Advantage for Newly H1B worker, arora, green card
arora, green card, circumstances: Hi, The employer can agree to support an employee for the green card process through PERM anytime. (The PERM application can be filed anytime oon or after March 28, 2005). The earlier that PERM is filed, the sooner you will receive your green card. You...

Immigration Issues: Green card renewal, uscis gov, green card renewal
uscis gov, green card renewal, appt: You can reneew the card by going to www.uscis.gov and filing the I-90 form electronically. After it is filed they will schedule a fingerprint appt. for them and then at the appt they will give an extension strip until the new card is produced. Regards,...

Immigration Issues: Green card renewal questions, green card expiration, green card renewal
green card expiration, green card renewal, wait time: Genrally rhe old card is not taken at the biometrics appt, but rather an extension strip is placed on the back, so that you may travel until you get the new card. No expedite services that I know of - if it filed correctly. New card can take up to a year but...

Immigration Issues: Green card renewal, green card renewal, lawful admission
green card renewal, lawful admission, immigration officer: You must return before the stamp expires and receive a new stamp. If you stay out longer they may deny you entry, since you would not have proof of a valid stamp. There is nothing worng with your renewal. They are doing extra security checks and things...

Immigration Issues: Green card requirements, york city area, green card
york city area, green card, immigration: I am located in the New York City area. Immigration is Federal law and can be practiced anywhere. I have cases all over the U.S. My usual fee is $2000 plus filing fees of $765 and the medical. I ask for 1000 to start and 1000 when the appointment is received....

Immigration Issues: Green card for spouse, date stamp, uscis
date stamp, uscis, last friday: That s not a question that I can answer without looking everything up and doing some research. Timing is critical and I don t know whether she is eligible for follow to join benefits when the marriage and the approval happen the same day. Also, the answer...

Immigration Issues: Green card, furniture gallery, nonimmigrant status
furniture gallery, nonimmigrant status, assylum: You may have several options, hosever, there are several potential difficulties. If your wife has not maintained a nonimmigrant status since she applied for asylum, adjustment of status in the US may not be possible. Again, there are exceptions. If you...

Immigration Issues: divorce and remarry, student visa, current boyfriend
student visa, current boyfriend, green card: Since you entered the country legally, it does not matter whether your I-94 or visa expires or even if you are no longer attending school. Did your first husband file for your green card too? If so, you will have to prove that both marriages were not entered...

Immigration Issues: Greencard for a foreign spouse, foreign spouse, tourist visa
foreign spouse, tourist visa, paperwork: She should do the paperwork here. If she leaves, she would have to stay out until her immigant visa is ready for her, which could take a year. It would be better for her to stay her. She will be able to get a work permit until she gets approved for the green...

Immigration Issues: Greencard issue.., education in india, reentry permit
education in india, reentry permit, green card: As far as finishing education in India, the same 12 motnh rule applies. You can apply for a reentry permit to allow you to stay out for 2 years instead of 1. You then must comeback wtihin the 2 years and apply again for a reentry permit for another 2 years....

Immigration Issues: GuangZhou Fiancee Visa, fiancee visa, financial documentation
fiancee visa, financial documentation, interview questions: She will mostly be asked about their relationship as it developed. She will have to provide proof of their relationship (letters, calls, visits etc.) She will also need to provide financial documentation from your son ( tax returns, bank letter and job letter)....

Immigration Issues: about my gap from f1 opt to h1b, 1b petition, ead card
1b petition, ead card, madam: Alfred, If you can apply for your F-2 with an effective date being the date your OPT will expire then you should be able to work until this date even if the F-2 is approved during this time. You need to mention your current status to your employer/attorney...

Immigration Issues: the gap between OPT and H1B, westheimer suite, immigration service
westheimer suite, immigration service, approval notice: Salih: You will have gap between your OPT and H-1B start date. F-1 students are given a 60 day grace period after the end of their OPT terms. Your 60 day period ends on Sept 25, a few days prior to the Oct 1st H start date. Therefore, even if the H-1B is...

Immigration Issues: gc holder married but problems, removal proceedings, clear and convincing evidence
removal proceedings, clear and convincing evidence, lpr: Immigratuion may ask for evidence of 1st marraige since you got it through her and are not a green card holder for 5 years. You can try now and if they ask for evidence give it to them. If it gets denied you will not lose your green card and if it gets denied...

Immigration Issues: How do i get the governemnt to expedite my case?, visa issuance, visa availability
visa issuance, visa availability, immigration case: You can apply for an EAD (employment authorization) while your visa issuance is pending. I assume you applied as a immediate relative to a permanent resident. unfortunately, the issuance of a visa under this type cannot be expedited as it must follow priority...

Immigration Issues: grace period after denial of an H1b, h1b, grace period
h1b, grace period, denial: There is no grace period. Your illegal presence starts from the date your H-1 was denied. If the Motion to Reopen is granted you will not be considered to have any illegal presence here. If your Motion is denied and you stay here more than 180 days after the...

Immigration Issues: green card, immigrant petition, visitors visa
immigrant petition, visitors visa, american citizen: I understood your question - you have to understand my answer - there is no guarantee that they will get nonimmigrant visas wonce you apply for their immigrant visas. You have to convince them that the kids willnot just stay here until you get citizenship,...

Immigration Issues: My green card, aplied, husband don
aplied, husband don, work permit: The officer was incorrect. The visa you are applying for is an IMMEDIATE relative, in-laws do not qualify as sponsors. Unless you have an immediate relative, such as a husband, mother, father, sister or brother that are US Citizens, you are not eligible....

Immigration Issues: green card, marriage to a us citizen, immigration purposes
marriage to a us citizen, immigration purposes, mom and dad: Unfortunately your mother and father made a mistake, for themselves and for you. Years ago it was ok to just cross over. But now things have changed. Although you entered legally, you overstayed your visa making you ineligible for all visas except for one:...

Immigration Issues: green card, time constraint, student visa
time constraint, student visa, fiance: This is all getting very complicated. Go get a lawyer to help you, and get one fast. I believe you are excludable for 10 years, but you entered legally. If so you can adjust to a greencard here, but will have to prove a hardship on your husband if you try...

Immigration Issues: green card and absence from the states, mr hay, applying for citizenship
mr hay, applying for citizenship, greencard: The total absences may cause you problems with citizenship, but without a calendar and your passport in front of me, I wouldn t be able to say. What to be careful about is not to stay out more than 1 year without an parole re-entry permit. Otherwise you...

Immigration Issues: green card approval, fbi cia, greend card
fbi cia, greend card, fbi background: I have always checked the status of FBI checks by checking with the USCIS district office where the case is pending. If there is another way, I am not aware of it. Nothing will (or even can) happen until the fingerprint and name checks come back from the...

Immigration Issues: green card date vs. marriage date, permanent residence card, conditional residence
permanent residence card, conditional residence, i 751: IT begins the date your conditional residence was issued. Your permanent residence card is issued after the two year period and background/validity of marriage checks are done. It takes a few months to receive the card...varies on CIS workload. So make sure...

Immigration Issues: green card and divorce, marriage ends, green card
marriage ends, green card, 3 years: Since you got 10 year and not 2 year card, your green card is safe. The only difference is you will have to wait 5 years from date of approval for green card to apply for citizenship if divorced whereas you can do it after 3 years if you stay married until...

Immigration Issues: green card by marriage expiration, conditional permanent resident, lprs
conditional permanent resident, lprs, permanent residents: Can a green card be revoked? Yes. If you are a conditional permanent resident, through marriage, if can be revoked if it is found the marriage was through fraud or your spouse decides to revoke sponsorship. Lawful Permanent Residents (green card holders)...

Immigration Issues: green card and N-400, questiones, n 400
questiones, n 400, charcter: It does not matter if you are married to American, if you at ANY time were involved in criminal or tax violations, you do not have the moral character as required to naturalize. Keep in mind, you do NOT have a right to become a Citizen of the United States,...

Immigration Issues: green card question, advance parole, consequenses
advance parole, consequenses, student visa: If you have not violated your status or been out of status you should be able to travel and reenter the US on advance parole. Whether you have in fact been out of status, or if there are any other problems that may bar reentry is beyond what I can do in this...

Immigration Issues: green card regulations, immigration officer, green cards
immigration officer, green cards, bad mood: The officer must have been in a bad mood. They would like you to not go out for more than 6 months at a time. Technically they can not take your green card away unless you stay out more than 12 months. That doesnt mean you wont get asked a lot of questions...

Immigration Issues: green card related, westheimer suite, underage alcohol
westheimer suite, underage alcohol, immigration attorney: Raza: Without looking into the document I will be unable to help you. In some states it is a misdemeanor and if it is then you should report it. Since this is an important issue, please consult with an experienced immigration attorney. Sincerely, Ramasamy...

Immigration Issues: green card renewal, citizenship and immigration services, u s citizenship and immigration services
citizenship and immigration services, u s citizenship and immigration services, green card renewal: Special Instructions : Filing Fee(s) and Where to File: If you are filing because: • Your card was valid for 10 years and is expiring or has expired • Your card was lost, stolen or destroyed; • Your card is mutilated; • Your name or other biographic...

Immigration Issues: green card revocation, citisen, different man
citisen, different man, deportation: If you got a 10 year card, you have nothing to worry about. Even if you only got a 2 year conditional card, you can file the application to remove your conditions on your own as long as you have evidence of the marriage while it lasted and you get divorced....

Immigration Issues: green card revocation, phone bills, appt
phone bills, appt, green card: It would appear to me, your soon to be ex, no longer has any status in the US. Is he overseas at this time? Did he apply for a reentry permit? Still go to CIS with your divorce documents...or intentions to divorce him. CIS will need to get this information...

Immigration Issues: green card, card petition, furniture gallery
card petition, furniture gallery, assylum: Hi Restu, A green card petition can be filed for your wife if she has worked for at least 1 year during the past 3 years at the company in Indonesia as a manager or executive. The following webpage from our website is helpful: http://h1b1.com/l1visa.htm...

Immigration Issues: H 1 B help, h1b1, approval notice
h1b1, approval notice, mithun: Hi Mithun: If you apply through premium processing, you should be within the visa quota of 65,000 visas. My recommendation is to file before the middle of February through premium processing. Since the determination of whether someone is within the visa...

Immigration Issues: H-1 rejected mail from USCIS, service center location, mail updates
service center location, mail updates, vermont service center: Unfortunately this is the normal process. The consulate will send to the USCIS to review the case to view issues raised. The USCIS will send notice to employer/attorney to clarify the issues. Once they have done that the USCIS will either approve or deny...

Immigration Issues: H-1 Transfer, visa cap, h1b1
visa cap, h1b1, 1b status: Hi, You will not be subject to the visa cap since you are no longer a J-1 nonimmigrant; you are an H-1B nonimmigrant. Therefore, this will be considered a regular extension of H-1B status (through a new employer). Regards, Ajay K. Arora, Esq. www.h1b1.co...

Immigration Issues: H-1B, westheimer suite, 1b cap
westheimer suite, 1b cap, mark ashley: Dear Jason: The USCIS has not come out with further clarifications on how the random selection by lottery will be conducted. So at this time I wil be unable to provide you with an answer if pp cases will be included or not. Sincerely, Mark Ashley...

Immigration Issues: H-1B to H4 & Out of Status, sources of information, expiration date
sources of information, expiration date, immigrant: Once you were laid off, you had 30 days to either depart the country or change your status. You can go to CIS and explain the circumstances, however as a non-immigrant you have no right to remain in the US. Another option is to return to your home country...

Immigration Issues: H-1B and L-2, h1 b visa, h 1b visa
h1 b visa, h 1b visa, h1b1: Hi Arun, You will be issued the L-2 visa without a problem, but the Consulate will probably cancel the H-1B visa in the process. Since you are unable to enter the U.S. on your existing H-1B visa (unless you enter with the plan of immediately starting...

Immigration Issues: H-1B, OPT Gap, h 1b visa, visa stamp
h 1b visa, visa stamp, day grace: Work in another country is not a problem. Voluntary work is also not a problem since it is legal for you to stay during the grace period just not get paid. Some people try working for that period and not getting paid until 10/1/ and then getting a bonus from...

Immigration Issues: H-1B NOT FOR PROFIT, 1b petition, visa cap
1b petition, visa cap, h1b1: Hi, The non-profit would need to file an H-1B petition for you. Incidentally, not all non-profits are exempt from the visa cap. In order to be exempt, it should be affiliated with an educational institution, or a non-profit research organization. The...

Immigration Issues: H-1B petition, 1b petition, h1b1
1b petition, h1b1, satisfactory manner: Hi Thet: There is no requirement to show a shortage of U.S. workers for the position. The H-1B petition simply needs to show that the position normally requires at least a relevant U.S. bachelor s degree (or equivalent) in order for the job to be performed...

Immigration Issues: H-1B Transfer from Non-Profit to for-Profit, project management office, h 1b visa
project management office, h 1b visa, mark ashley: Amit, I feel that the USCIS will not allow to transfer under your current situation. The general rule is if you have not been counted against the cap then you cannot transfer your H to an employer that is not cap exempt. Mark Ashley www.ashleykrishnan.co...

Immigration Issues: H-1B Transfer from Non-Profit to for-Profit, project management office, h 1b visa
project management office, h 1b visa, 21st april: Amit: I am unable to understand your question and what you mean by as this year the 20,000 Master s degree Exempt filled up on 30th April and I would have anyways received the visa if I worked for a for-profit / If you meant whether you can change from...

Immigration Issues: H-1B transfer from University to Industry, westheimer suite, april 1st
westheimer suite, april 1st, attorney at law: Aslam: You are subject to the cap and you have to wait until April 1st for your new employer to file an H-1B. And if successful you can start to work only from the effective date of the new H-1B (Oct 1st,2008) Sincerely, Ramasamy Krishnan Attorney at...

Immigration Issues: H-1B transfer, uscis gov, h 1b visa
uscis gov, h 1b visa, h1b1: Hi Kishore, You should not travel and apply for an H-1B visa at a U.S. Consulate until you have H-1B approval notice from Company B. If required, you can receive the H-1B approval notice in an expedited manner by converting the H-1B filing to premium processing....

Immigration Issues: H-1B Visa, 1b petition, approved petition
1b petition, approved petition, h 1b visa: Namaste, Mr. Vengco, If you apply for an H-1B visa at the U.S. Consulate in Manila, then your intention must be to work for the school in Florida which filed the H-1B petition. Since employment with this school is no longer possible, even if you are issued...

Immigration Issues: H-1B visa & part time position, h 1b visa, h1b1
h 1b visa, h1b1, part time job: Hi Toe: Yes, it is OK to file for part-time position. My recommendation is that no matter how few the hours, the salary should be at least $20,000, which is enough to support yourself with one part-time job. Regards, Ajay KK. Arora, Esq. www.H1B1.com...

Immigration Issues: H-1B, h 1b visa, visa stamp
h 1b visa, visa stamp, h1b1: Hi Sandra, If the H-1B approval notice has a I-94 attached to the bottom, which means that you were granted change of status to H-1B, then you will automatically be in H-1B status on October 01, 2005 and will therefore not have to travel to your country...

Immigration Issues: H-4 extension under I485, ead card, fact pattern
ead card, fact pattern, mark ashley: Chanthia, I do not understand your fact pattern as you have explained it. It does not make sense. Generally, if you are using an EAD card to work then you are not under H nor are your derivatives on H-4 status. You and the H-4 s are adjustment pending...

Immigration Issues: H-4 Visa Application, going back to mexico, h4 visa
going back to mexico, h4 visa, congratulations on your marriage: Ed, congratulations on your marriage. If your marriage ceremony was in the US then the marriage certificate would show she was in the US overstaying her visa. I do not know if the reviewing officer will be able to put everything together to know she overstayed...

Immigration Issues: H!B and COS approved, ss ss, fide employee
ss ss, fide employee, luck mark: SS, 1. The grace period is 60 days and not 15 days. 2. You can continue to stay in the US on H status. 3. Should not be a problem for stamping provided you have all paperwork and show that you are a bona fide employee of your H company. Good luck. ...

Immigration Issues: My H1 is on 221G hold and now L1 is being processed ... please help., h1 visa, ds 156 form
h1 visa, ds 156 form, h1b visa: You are setting yourself up for denial of entry. Make up your mind what the purpose of your coming to the United States is for then apply for that specific visa. Visas are not items to be picked from a menu . Your applications are going to be pulled and...

Immigration Issues: H1 approved,H4to H1 COS denied.What are my options?, best of luck, h4
best of luck, h4, thanks in advance: Snigdha, I think that you should be able to file an amended petition on these facts. I understand that it does not fall strictly under the criteria for an amended application, but our firm had applied for couple and were approved. So I advise that you try...

Immigration Issues: H1 B, h 1b visa, h1b1
h 1b visa, h1b1, termination notice: Hi, Employer B can file during your absence from the U.S., but if you enter the U.S. prior to H-1B approval through Employer B, the purpose of your entry must be to work for Employer A. Therefore, do not give termination notice to Employer A--wait until...

Immigration Issues: H1-B amend and transfer, employer employee relationship, h1b visa
employer employee relationship, h1b visa, luck mark: Carlos, Your present company should have amended the application to note the new location. However, the employer/employee relationship still exists. I feel that you should be able to get an new H with the new sponsoring company as we have done this many...

Immigration Issues: H1-B to F-1?, h 1b visa, f1 visa
h 1b visa, f1 visa, labor case: Technically you can not get an F-1 because of your pending labor case. However, while the case is at the Labor Department and an I-140 has not been filed, Immigration does not know of your intent. You do not have to leave the U.S. to apply for a change...

Immigration Issues: H1-B Filed on April 3, 2007, vermont service center, h1 visa
vermont service center, h1 visa, mark ashley: Joseph, Our firm has also not received receipts for a large number of cases that were filed on April 2. You should worry but keep your fingers crossed. You will not be considered out of status as long as your B2 is valid. Mark Ashley www.ashleykrishnan.co...

Immigration Issues: H1-B- was fired from job-how long can I stay?, h1b visa, looking for a new job
h1b visa, looking for a new job, paystubs: There is no grace period for H-1s. You can file new I-1290 and provide recent paystubs from your last company and hope they do not ask for more. As long as they do not find out about the work on the side or ask for too recent of paystubs, it should be ok....

Immigration Issues: H1-B and job promotions, green card application, h1 b visa
green card application, h1 b visa, visa holder: Leroy, Yes a material change in your job duties would affect your H and green card application. You would need to file a new H and you will have no longer the intention to work for the job indicated on your green card application. Sincerely, Ramasamy...

Immigration Issues: H1-B Questions, green card application, j1 visa
green card application, j1 visa, dual intent: If she gets denied she probably will be stuck over there. Being married to a green card holder is a slight disadvantage because it shows her intention to live permanently here. H-1s can have dual intent but it will raise a slight flag. Regards, Rober...

Immigration Issues: H1-B Sponsorship from a Non-Profit, westheimer suite, h 1b visa
westheimer suite, h 1b visa, 1b quota: Punit: To be be exempt from the H-1B quota the company should be a non-profit organization affiliated with an institute of higher education. I would suggest that you request the company to contact an immigration attorney to determine if it is subject to...

Immigration Issues: H1-B Status after marriage, and ability to work in different states, h 1b visa, legal immigration
h 1b visa, legal immigration, labor condition application: To add a location, she has to file another labor condition application and I-129 packet checking off the box amended petition. Once you get married, you can file a petition for her and she can simultaneously file for adjustment of status. along with the...

Immigration Issues: H1-B stamping issue when currently on H4, chennai india, us consulate in mexico
chennai india, us consulate in mexico, luck mark: Based upon the new information that you have provided, I must say that usually third country stamping is appropriate for stamping if it is a change in status or a renewal of status. In your case it is neither. I would advise that you change in India. If...

Immigration Issues: H1-B Transfer, h company, company b
h company, company b, law www: Sandeep: Answers to your questions are 1) YES. 2) If the company does not revoke the H visa you can go join them again.3) If you do not get a H-1 from company B you need to join your H company or fall out of status. Sincerely, Ramasamy Krishnan Attorney...

Immigration Issues: H1 B Transfer, serious trouble, h1 b
serious trouble, h1 b, untill: You are deportable for violating the terms of your admission. You came to the US with an approved I-129 with a specific employer. You are a Non-Immigrant and violated the terms of your admission by working for another employer without permission. In doing...

Immigration Issues: H1 B transfer, visa cap, h1b transfer
visa cap, h1b transfer, h1b visa: There is no grace period for H-1s, so if Immigration finds out you have been laid off the last 2 months you are already out of status and subject to the cap. When you file for the transfer which is the same paperwork as a new case, they may ask for paystubs...

Immigration Issues: H1 B valid until June 08, but stayed in India for long, patni computer systems, working in the united states
patni computer systems, working in the united states, mark ashley: Raghavan, Yes, you should be able to recapture the year that you were not working in the United States. Yes, if you are qualified now is the time to file for a green card. We could assist you in evaluating your case with regard to this matter. You may...

Immigration Issues: H1 -B visa transfer, h1 b visa, h1 visa
h1 b visa, h1 visa, employer requirements: He needs to file a new petition from your company. He can start working once it is filed since he is already in H status. It usually takes 2 months for an answer unless you pay themn an extra filing fee of $1000 to do it in 15 days. The normal filing fee is...

Immigration Issues: H1-B, 1b petition, h1b1
1b petition, h1b1, 1b status: Hi Dhondu: There is a 10-day grace period in H-1B status, and therefore you can remain for 10 days after resignation or dismissal from your job. If you wish to work for another company, I recommend that the new company file an H-1B petition requesting...

Immigration Issues: H1-b or EB-3 visa, h1 b visa, visa h1b
h1 b visa, visa h1b, non immigrant visa: The visas are different one is based on permanent residency the other is a non-immigrant. The non immigrant visa H1B is easier to file for. IMMIGRANT VISA While eligibility requirements for the EB-3 classification are less stringent than the EB-1...

Immigration Issues: H1 b part time question, westheimer suite, time question
westheimer suite, time question, time status: Dear Raj: I do not think that you need to revalidate your visa again. An amendment to you H-1 should work in this case. There are other alternatives that could work (B-1 for example), but you need to contact an attorney with further details for him to evaluate....

Immigration Issues: H1 b transfer, 1b petition, h1b1
1b petition, h1b1, i 797: Since you have been granted change of status to H-1B, you can transfer your H-1B to another employer (the new employer must file an H-1B petition for you in order to change employers). You do not need to depart the U.S. since you are legally in the U.S. and...

Immigration Issues: H1 as a consultant, 1b petition, h1b1
1b petition, h1b1, accoutant: Hi Mohan, You can open your company (even if you are the only employee). Please see an Accoutant as to what type of corporation you should establish (S corp, C corp, LLC, etc.). This company can file an H-1B petition for you. Since it must be shown that...

Immigration Issues: H1 Exctention Denied - Out of Status, mark ashley, future 3
mark ashley, future 3, hessel: Malik, 1. Your H has been denied. You are at this point out of status. You cannot go back to Co A because you have been working for Co B without an H1 approval. 2. Yes, you are out of status, you should leave immediately or potentially be deported or...

Immigration Issues: H1 Extension, visa cap, h1 visa
visa cap, h1 visa, h1b1: Hi, Since you were outside the U.S. for more than one year, you can obtain another full six years in H-1B status. However, you will be subject to the visa cap again...and the H-1B can therefore be filed only in April, 2007 requesting start date of October...

Immigration Issues: H1 extension beyond 6 years, fortune 500 company, validity dates
fortune 500 company, validity dates, 1b petition: Hi Surajit: The general rule is that you can apply up to 6 months prior to the requested start date. Therefore, under normal circumstances you would have been able to file on May 01 (or thereafter) and request validity dates from November 01, 2004 to Oct....

Immigration Issues: H1 extention, visa stamp, h1visa
visa stamp, h1visa, h1 visa: Manju: The six years will be calculated from the date of entry.(March 6, 2005). And You can extend it until March 2011. You can obtain the visa from Canada and Mexico. But if you have obtained your qualifying degree in India, they may request you to obtain...

Immigration Issues: H1 and H4 in the same interview, working in usa, approval notice
working in usa, approval notice, h4: You can do it the same time but you must be married and have marraige certificate and you should notify the Embassy that the appointment is for two. Good luck to you - I love my Colombian clients - they are the best people in the world! Regards, Rober...

Immigration Issues: H1 to H4. Please advice, form ds156, pay stubs
form ds156, pay stubs, visa stamp: 1. Valin in what way? The visa stamp is still valid (as long as it has not expired) but her status has been changed to H-1B. 2. She is not currently maintaining her status as she is not working for the H-1B sponsor. As an H-1B noinimmigrant, the only...

Immigration Issues: H1 to H4. Please advice, form ds156, cis office
form ds156, cis office, false pretense: AS you are aware, H visas are non-immigrant. You appear to be an intending immigrant, therefore have obtained your H visas under false pretense. Technically your spouse is out of status. I would strongly suggest you go to the nearest CIS office and get...

Immigration Issues: H1 TO L1, L1 TO H1, h1b1, u s company
h1b1, u s company, 1b status: Hi, You would need to have worked for the company in India for at least one year during the past 3 years in order to be eligible for L1. Therefore, if you go back to India and work for another four months, the U.S. company can file L1 petition for you....

Immigration Issues: H1 and minimum pay, 1b petition, pay stubs
1b petition, pay stubs, h1b1: Hi Meera: Your company can pay you less than the amount stated on the H-1B petition only if the company files an amended H-1B petition with the USCIS (formerly the INS). An amendement to convert to part-time job is possible, but the company should file...

Immigration Issues: H1 options: renewal and transfer, or green card?, 1b petition, aggregate period
1b petition, aggregate period, h1b1: Hi Tracy, You are totally dependent on Co. B to file H-1B petition for you. Co. B would request 3-year extension of your H-1B status (the USCIS will approve H-1B for a maximum of 3 years at one time, and an aggregate of six years can be spent in H-1B status)....

Immigration Issues: H1 Pending + FingerPrint Problem., nilesh patel, finger prints
nilesh patel, finger prints, 10s: I doubt your finger prints match, in fact, it is impossible to match with any other person. What I do suspect is a question in identity based on similar name and possibly date of birth. In addition, there could be an identity theft problem. It may take...

Immigration Issues: H1 Transfer, 1b petition, pay stubs
1b petition, pay stubs, h1b1: Hi, The H-1B petition can be filed by the new company. However, since you do not have recent pay stubs, you should not work for the new company until the H-1B petition has been approved and you have been granted extension of status as well. The USCIS...

Immigration Issues: H1 Transfer, h1 visa, luck mark
h1 visa, luck mark, mark ashley: Vicky, 1. Your H1 should be valid upon the filing of the transfer. 2. No processing times for such cancellations. 3. Since you are already working for company B this question is too late. However, it looks OK. 4. Yes, once again, you have already been...

Immigration Issues: H1 Transfer, 1b petition, receipt notice
1b petition, receipt notice, h1b1: Hi, Since Co. B has filed for you, it is OK if Co. A revokes its H-1B petition. You can start working for Co. B even without issuance of the receipt notice (a petition is considered filed when it is received by the USCIS with proper filing fees and signatures...

Immigration Issues: H1 Transfer, pay stubs, luck mark
pay stubs, luck mark, company c: Kamesh, She should be able to an H1 with company C. In most of the cases that we have done this has not been a problem regarding requests for pay stubs but there is a possibility for the INS to request the pay stubs from company B. If she is not working...

Immigration Issues: H1 Transfer, luck mark, mark ashley
luck mark, mark ashley, company b: Srinivasa, I do not have enough information to answer the question adequately. Generally, if Company B has obtained an H1b approval and you have not violated any non immigrant rules then there should be no reason to have any fears about your previous company....

Immigration Issues: H1 Transfer Issue, worth the risk, pay stub
worth the risk, pay stub, h1b: The new company can petition for you, however, you CANNOT work for a new employer until that change is approved. If you are caught at anytime working or have worked for a new employer, even after you have an approved petition, you violated your status and...

Immigration Issues: H1 Transfer Without Paystubs, i 797, approval notice
i 797, approval notice, luck mark: 1. No if sixty days did not expire. 2. No, even though you are not paid you are still an employee if you employer has not fired you. 3. The USCIS may ask or may not. In many successful cases we have handled they do not ask for it. 4. This is speculative,...

Immigration Issues: H1 Transfer Question, 1b petition, h1b1
1b petition, h1b1, paystubs: Hi Monty, Be ready to submit paystubs spanning a period of at least two months from Company X. These paystubs should cover the two month span immediately preceding the filing of the H-1B petition through Company Y. Regards, Ajay K. Arora, Esq. www.h1b1.co...

Immigration Issues: H1 Transfer Before travel to US, h 1b visa, consular processing
h 1b visa, consular processing, sure what this means: Dear Kishore: Mostly the USCIS guidance on this issue is related to an H, L, O, or P nonimmigrant alien who changes employers in the United States and the validity of the existing visa. In your case you have not been to the US under H-1B. In my opinion if...

Immigration Issues: H1 Transfer witout payslip, employer employee relationship, westheimer suite
employer employee relationship, westheimer suite, pay slips: You can file with out pay slips by arguing that the beneficiary is still an employee of Company A and obtain letters from the company to support the existence of the employer-employee relationship. Having said that an approval would also depend on whether...

Immigration Issues: H1 Transfer, h1b visa, 1b petition
h1b visa, 1b petition, h 1b visa: Hi Nikhil, Co. B will file H-1B petition for you. After approval, you must apply for H-1B visa in the name of Company B, and enter on Co. B s visa. After you enter on Co. B s visa, you will be unable to work for Co. A unless Co. A again files H-1B for...

Immigration Issues: H1 transfer without ever been to US, h 1b visa, 1b petition
h 1b visa, 1b petition, visa cap: Hi, You would be subject to the visa cap again since you were never actually in H-1B status (you never entered the U.S. using the H-1B visa through Co. A). Co. B would file a new H-1B petition in April, 2008. Regards, Ajay K. Arora, Esq. www.h1b1.co...

Immigration Issues: H1 transfer before original employment start, formal employment, mark ashley
formal employment, mark ashley, uscis: Andrei, 1. You can try. The regulations are not clear on this. The USCIS may not agree to this since you are not in the country, you are not currently on H-1 status for another employer to apply for a fresh H-1B. 2. The H-1B is employer based petition...

Immigration Issues: H1 Visa, h1 visa, nonimmigrant categories
h1 visa, nonimmigrant categories, notice of appearance: Only the employer may file for premium service. Since implementation of the program on June 1, 2001, those employers who file a Form I-129 to classify a beneficiary under one of the following nonimmigrant categories may request Premium Processing Service:...

Immigration Issues: H1 Visa Question, 1b status, h1 visa
1b status, h1 visa, 6 years: Venkat: I do not have a clear answer to your question. However, when based on regulations such as AC-21 extension beyond 6 years, recapture of H-1B period etc. I think the answer is that UCIS will give you the balance of time left in H-1B status and you...

Immigration Issues: H1 Visa Stamping in Canada / Mexico, us consulate in canada, form i797
us consulate in canada, form i797, visa interview: Phani: You can apply for an the visa on August 20th but the issue would be your status in Canada during this period. So you should get a canadian visitor s visa to allow you to stay in Canada before you get to enter the US on H. Sincerely, Ramasamy...

Immigration Issues: H1 Visa transfer of approved H1-Visa (not stamped), h 1b visa, visa cap
h 1b visa, visa cap, 1b petition: Hi Manish, You cannot get the H-1B tranfer done since you have not entered the U.S. on H-1B visa status. You are therefore subject to the visa cap and the new employer can file H-1B petition for you in April, 2007 requesting employment start date of October...

Immigration Issues: H1 Visa, paralegal course, formal coursework
paralegal course, formal coursework, law as a profession: Hi Shilpa: You can be sponsored by a law firm or other employer for Paralegal or other suitable title such as Legal Assistant. I recommend that you have completed at least a 2 year paralegal course in order to ensure that you will be considered to be qualified...

Immigration Issues: H1 visa, 1b petition, h1b1
1b petition, h1b1, visa status: Hi, The I-130 can be filed only by a permanent resident or U.S. citizen. If your dad has H-1 visa, then you could have obtained H-4 visa status. However, even if you were earlier on H-4 visa status, you would no longer be in H-4 status on Oct. 29. ...

Immigration Issues: H1 visa approval and trasnfer, receipt number, visa approval
receipt number, visa approval, luck mark: Madhav, Even though you have received an Request for Additional Evidence your case is still on the fast track and will be decided soon after they receive the new information. Once you have H approval, you will be able to transfer to a new H employer without...

Immigration Issues: H1 visa occupation, immigration law enforcement, f1 student
immigration law enforcement, f1 student, h1b: Your future spouse must have a profession that is not available in the US...Teacher isn t one of them, particularly one that has no certification or training. Even if she were to complete her education, she would never meet the standards to obtain the H1B...

Immigration Issues: H1 visa, time maximum, approval letter
time maximum, approval letter, first trip: If you were in the U.S. and changed status to H-1 you should have gotten a new I-94 on the bottom of your approval letter. If you did, you can start to work as of the validity date listed on the approval and you can go for stamping whenever your first trip...

Immigration Issues: H1 zTransfer, 1b petition, h1 transfer
1b petition, h1 transfer, company b: Probably. Of course, Company B may try to recover the money they spent applying for an H-1B. You have no standing to inform USCIS (INS no longer exists) of anything regarding an H-1B petition filed by an employer. It is their petition. I have not addressed...

Immigration Issues: H1B, pastry chefs, 1b petition
pastry chefs, 1b petition, h1b visa: Hi, An H-1B petition is not suitable since the position must require a bachelor s degree and in addition the employee must possess a bachelor s degree in the relevant field of study. An application for labor certification would need to be filed for you...

Immigration Issues: H1B, h 1b visa, visa status
h 1b visa, visa status, h1b1: Hi, The earlier petition by your parents will not interfere with issuance of H-1B visa. Therefore, you can enter the U.S. on H-1B visa status, and when a visa becomes available from your parents filing, you can file for adjustment of status in the U.S.,...

Immigration Issues: H1B, preference category, greencard holder
preference category, greencard holder, h1b visa: Dear Pec, You can file a petition for alien relative for your girlfriend (once you marry her), but this will not allow her to adjust status. She will be in the family 2nd preference category (F2A) and it takes several years for a visa to be available in...

Immigration Issues: H1B, h1b1, tony dear
h1b1, tony dear, visa cap: Dear Tony, Since the organization that initially filed H-1B for you was a private company, you are not subject to the visa cap again when Co. B (a private company) files for you. My answer takes into account that you are currently in H-1B status through...

Immigration Issues: H1B, church musician, work visa
church musician, work visa, private lessons: Melody: You can check www.uscis.gov for information regarding R-1 visas. I am not sure what your second question is, you state that they will not sponsor you so I am not sure what you need to know about H-1B. Sincerely, Ramasamy Krishnan Attorney at...

Immigration Issues: H1B 7th year Extension with former employer filed LC, lc application, 365 days
lc application, 365 days, new job: Dear Gaston, The application for the 7th year extension can be submitted as long as the starting date of the extension starts 365 days after the LC filing date. If LC is approved but I-140 is pending (and not yet approved) by the time you complete six...

Immigration Issues: H1B and AOS, h1b status, form i 765
h1b status, form i 765, advance parole: You are not out of status with pending AOS. You can get new H-1 but you do not need it. As part of the AOS you should have filed form I-765 to get work permit that allows you to work for any employer. You can travel once you get advance parole. Regards,...

Immigration Issues: H1B academic visa, h1b visas, university in usa
h1b visas, university in usa, mark ashley: Saurabh, Since you are working for a university, I assume that they are cap exempt. Thus, if you want to transfer to another cap exempt employer you may. Otherwise, you cannot transfer to another employer unless they are likewise cap exempt. Thus,...

Immigration Issues: H1B and Canada work permit, h 1b visa, 1b petition
h 1b visa, 1b petition, visa stamp: Hi, Employer B s H-1B petition, effective on October 01, will be activated only if you obtain H-1B visa at a U.S. Consulate in Canada or your home country, and then you use that visa to enter the U.S. Since you can hold only one status at a time in the...

Immigration Issues: H1B Change of Status, visa cap, h1b1
visa cap, h1b1, employer files: Hi Shyam, You should wait until H-1B is approved before starting work for the H-1B employer (since the H-1B portability rules do not apply if changing status from one nonimmigrant status to another). Since you will be granted change of status, there...

Immigration Issues: H1B cap and H1B1 set asides, h1b cap, 1b petitions
h1b cap, 1b petitions, visa numbers: Salih: It is only available for Chile/Singapore citizens. The other exception to the quota is if you get employed by an University or other organization that is exempt from the quota. I also want to point out that based on what you stated, your OPT will end...

Immigration Issues: H1B case, j1 visa, h1b cap
j1 visa, h1b cap, aipt: Hi Diego, You can change status from J-1 to H-1B without any problem even if the H-1B sponsor is also the J-1 sponsor. However, H-1B has visa cap issues, so the earliest that the H-1B petition could be filed would be April 01, 2006 with start date of October...

Immigration Issues: H1B employee, 1b petition, visa cap
1b petition, visa cap, h1b visa: Hi, You can travel outside the U.S. if you wish, but if you do so, you will need a valid visa to enter the U.S. Therefore, if the visa that you have currently in your passport is H-1B, you will need to apply for H-4 visa at the Consulate. The Consulate...

Immigration Issues: H1B to green card, luck mark, employer need
luck mark, employer need, mark ashley: Bari, I have not enough facts to give you an answer. There are two ways to get a green card through employment one would be through a PERM or another as a researcher such as Alien of Extraordinary Ability , Outstanding Researcher or through the NIW ...

Immigration Issues: from H1B to green card, green card application, h1b visa
green card application, h1b visa, visa holder: You need an employer to sponsor you unless you are considered an alien of extraordinary ability in your field - i.e. you are near the top of your field in the world. If your green card application is pending for more than 1 year you can get additional years...

Immigration Issues: H1B issued to affiliate - how to transfer, h1b cap, h1b visa
h1b cap, h1b visa, valid until september: The filing process for a new H-1 or a transfer is the same. You just have tio show proof of paystubs for 1 month and proof you were out of the country after that and plead your case that it is a transfer and not subject to the cap. Regards, Rober...

Immigration Issues: H1B to L1 Transfer, l2 visa, annie annie
l2 visa, annie annie, mark ashley: Annie, 1. Yes he can do this provided his job meets the L1 criteria. 2. It can be premium processed by paying an extra $1,000.00 file fee. 3. Your L2 will be approved simultaneous with the L1. Yes, you can work wherever you wish with an L2 and EAD. ...

Immigration Issues: From H1B to Marriage now divorced..., h1b status, h1b visa
h1b status, h1b visa, personal reasons: You could not do it without processing the visa aborad. If you stay here 180 days illegal you would be barred for 3 years from coming back. In addition, there is no H-1 left until 10/07 and you can not file until 4/07. I would leave as soon as possible and...

Immigration Issues: H1B and marriage to US citizen, employment authorization card, h1b visa
employment authorization card, h1b visa, uscis gov: Hi Cathy, When you are married, all petitions/applications will be filed together including employment authorization application: http://www.uscis.gov/graphics/formsfee/forms/i-765.htm Since it may take 3 or 4 months for employment authorization to be...

Immigration Issues: H1B marrying an I140, immigrant petitions, immigrant visa
immigrant petitions, immigrant visa, h1b visa: Your petition for her will take 4-5 years since you are only a green card holder. If you were a citizen it would be much quicker. She can stay here on her H-1 and you can get married and file I-130 for her. Then when you become a citizen they can speed the...

Immigration Issues: H1B NGO, business administration degree, h1b visa
business administration degree, h1b visa, tourist visa: Lucia, First, your volunteer work is illegal and you violated your tourist visa terms. I would advise you to stop working immediately. Since there are no H visas available at this time, you should be able to get an H effective from Oct 2008.At this time there...

Immigration Issues: H1B and OPT, optional practical training, part time jobs
optional practical training, part time jobs, h1b status: Your presence in the US is visa specific. From what I am reading you have violated your status. You cannot work for Company A and Company B as the H1 petitions are employer specific. Your OPT falls under the F1 visa. I would strongly suggest making up...

Immigration Issues: H1B - PP/filed 30th march, h1b visa application, receipt number
h1b visa application, receipt number, question thanks: Tell them if they do not provide you with information, you will make a state bar association complaint. They usually like to keep their license and do not want to deal with the bar association. Also, your employer can call Immigration and they will give...

Immigration Issues: H1B and past immigration violations, i 485 green card, business visa
i 485 green card, business visa, complicated question: Hi Ashish, Believe me that the USCIS does not have a copy of the paystub in question, and even if they did, they simply do not have the resources to conduct an IRS level audit of your case. As a practical matter, there is 0% probability of there being any...

Immigration Issues: H1B petition approved but I-129 denied, h1 visa, i 797
h1 visa, i 797, approval notice: Canada does not have to agree to do interview/stamping. If you are rejected there, they should let you back in on your H4. You can not file anotehr I-129 to change status. You may be able to file I-539 with copy of I-129 approval to change status. Regards,...

Immigration Issues: H1B petition pending and travel aborad, h 1b visa, immigration attorney
h 1b visa, immigration attorney, consular processing: Dear HD: Based on the insufficient facts I can answer your questions as follows: If your current H-1B was filed as a COS you cannot travel until it has been approved. In the event it is filed as consular processing then you can travel and reenter after...

Immigration Issues: H1B - petition returned to INS, i129 petition for a nonimmigrant worker, westheimer suite
i129 petition for a nonimmigrant worker, westheimer suite, service answer: Dear Paul: The consulate returned the petition to have the Immigration Service to reevaluate its decision based on their comments. The consulate does this if it has some questions that needs to be answered. The Service would then send a notice to the petitioner...

Immigration Issues: H1B Queries ( Termination and all), h1 b visa, visa cap
h1 b visa, visa cap, h1b1: Hi Shyam, There is only a 10-day grace period. Therefore, for a person to be granted extension of H-1B status through Company B, he or she must have resigned or their employment been terminated no more than 10 days from Company A. Change of status to...

Immigration Issues: H1B question, immigration lawyer, ead card
immigration lawyer, ead card, information mark: In general if you have filed for a change of status you are not allowed to leave the country until it is approved. Since I do not have all of the facts related to your case, I cannot tell you definately what you can or cannot do. I would suggest that you...

Immigration Issues: H1B question, h 1b visa, visa stamp
h 1b visa, visa stamp, h1b1: Hi, You will need to go to the Consulate for a new visa stamp in the name of the second employer. You can enter on the first employer s H-1B visa only if your intention is to work for the first employer. It does not matter if the first employer has cancelled...

Immigration Issues: H1B Stamping, employment verification letter, paystubs
employment verification letter, paystubs, offer letter: Anjali, You cannot get a new offer letter if you are already working for an employer. The offer letter is given to prospective employees before they join the company. So the letter you need to take is a current employment verification letter, stating your...

Immigration Issues: H1B stamp from home country, visa stamp, pay stubs
visa stamp, pay stubs, h1b visa: There seems to be some missing information...hard to connect the dots, so to speak. if you have a valid H1B, I am not quite sure what it is you are asking. A question arises about your being out of status (over stay for 160 says)...under what visa? Where...

Immigration Issues: H1B stamping in canada, ms degrees, best of luck
ms degrees, best of luck, stubs: Aravind, I do not see any issues from what you stated. have two MS degrees one in EE & Physics here in US. I work in IT field . I would suggest that you take certified copies of your transcripts, orignal diplomas, pay stubs, letter from your employer...and...

Immigration Issues: H1B stamping in Oct without paystubs, pay stubs, h 1b visa
pay stubs, h 1b visa, anecdotal experiences: Ishita: Since you are in OPT and will be leaving the US to reenter on H-1B visa, the lack of paystubs should not be an issue. But I would take extra care in reading anecdotal experiences on obtaining H visa from India and preparing for the interview. You would...

Immigration Issues: H1B stamping - passport return question, suny buffalo, h1b visa
suny buffalo, h1b visa, luck mark: Angel, Usual procedure is to return the passport with the visa stamp the same day it is granted. I suggest that you check the US consulate website for Mumbai to confirm this since every consulate has different rules. Good Luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: H1B stamping, graduation diploma, bachelors degree
graduation diploma, bachelors degree, visa application: Adi: There is no rule that if you get a non-US degree then you are not eligible for a visa. The consular officers are unable to ascertain the authenticity of your degree so generally refuse your visa application. In your circumstances I would go either to...

Immigration Issues: H1B out of status, h 1b visa, 1b petition
h 1b visa, 1b petition, h1b1: Hi, There is only a 10-day grace period in H-1B status, so Company B should file you for within 10 days of March 07. It is OK if your employment will begin on April 01...Company B only needs to file for you within 10 days of March 07. If not, although the...

Immigration Issues: H1B to TN, tn visa, h1b visa
tn visa, h1b visa, canadian citizen: Your best option is to go back to TN status. The perm labor part only takes a few months but the complere processing will take a few years, unless she is a 1st or 2nd preference case (EB1 or EB2) You can have the new company put in a new perm case for you...

Immigration Issues: H1B Transfer, h1b cap for 2008, l1b visa
h1b cap for 2008, l1b visa, followup queries: Dear Arya: The answer to your questions: 1) As your I-94 is valid until the end of 2008, there will be no impact on your change of status,provided you continue to maintain your L-1B status. 2) Yes. You continue to be on L-1B status. 3) In my opinion you...

Immigration Issues: H1B Transfer and Green Card, green card application, h2b visa
green card application, h2b visa, h1b visa: The company can file for your green card now. They can apply for your H-1 on April 1, 2007. This way your Green card application will bepending mor than a year when your 6 years is up and you would be eligible for H-1 extensions in one year increments for...

Immigration Issues: H1B Transfer, may07, intra company
may07, intra company, b company: You can only work from whom you have an approved I-129. Transfers are only acceptable if they are Intra-company transfers. In other words, transfering from one division in Company A to another division in Company A. To go from Company A to Company B...Company...

Immigration Issues: H1B transfer, cis office, industry organisation
cis office, industry organisation, company thanks: You are changing the basis of your H1B. A new I-129 must be filed. I cannot assure you that with such a short time frame it will be approved. In essence, you came to the US under an H1B, now you want to change sponsors prior to your term of admission which...

Immigration Issues: H1B transfer, h1b visa, turnaround time
h1b visa, turnaround time, reciept: You can work from the day they receive it. If they mailed it next day - you can start to work from next day - you do not have to wait for receipt. Premium processing is guaranteed to be adjudicated in 15 days but it is usually 7-10. If they want more info...

Immigration Issues: H1B transfer, layoff, new job
layoff, new job, petition: Technically, the transfer may not go through since you were out of status since layoff. A transfer filing is the same as a new filing just a different box is checked off. You can get an answer within 2 weeks if you pay Immigration an extra 1000 and file form...

Immigration Issues: H1B transfer within INDIA, h1b quota, luck mark
h1b quota, luck mark, mark ashley: Joe, Two issues to your question. 1. There is no transfer of H1b. 2. Your new company should file a new H1b provided that you are not subject to the H1b quota. This may be because you have not entered the US on H status. Good Luck Mark Ashley www.ashleykrishnan.co...

Immigration Issues: H1B transfer in India after two month work in US, westheimer suite, 1b petition
westheimer suite, 1b petition, paystubs: Sandeep: Whether you are in India or in the US if you wish to change employers, your new employer has to file a H-1B petition. Sincerely, Ramasamy Krishnan Attorney at Law Ashley & Krishnan 9801 Westheimer Suite 302 Houston, TX 77042 www.ashleykrishnan.co...

Immigration Issues: H1B transfer issue, immigration service center, petition denial
immigration service center, petition denial, h 1b visa: Hi Atul, Since you are unable to work for Employer C legally without the H-1B visa stamp in Employer C s name (and this visa stamp will be issued only by the U.S. Consulate in Mumbai), you should depart the U.S. to be issued the visa stamp. It is too...

Immigration Issues: H1B transfer from non profit to profit organization, h 1b visa, 1b petition
h 1b visa, 1b petition, visa cap: Hi, You will be subject to the H-1B visa cap in this situation. This means that the earliest that the H-1B petition can be filed is April 01, 2008. The employment start date will be October 01, 2008. You cannot start work for the for-profit organization...

Immigration Issues: H1B transfer in OPT status, 1b petition, pay stubs
1b petition, pay stubs, visa cap: Hi Akash, The regular visa cap has been reached, and the U.S. Master s degree cap will be reached any day (actually, it has probably already been reached but has not yet been announced). Therefore, it is too late to request change of status from F-1 (OPT)...

Immigration Issues: H1B transfer past 6th year, labor certificate, labor case
labor certificate, labor case, old case: Marrying a permanent resident will take 5 years for you to get a green card through unless she becomes a citizen in the meantime. You can change employers, but you will have to do a new labor case through PERM as the old case will be dead if it is not a genuine...

Immigration Issues: H1B transfer: When can I start the new position?, mark ashley, uscis
mark ashley, uscis, time mark: John, You can begin working for the new company even without a receipt as long as you know for sure the employer has filed and the USCIS has received the petition application. However, I would suggest that your best interests would be served by transferring...

Immigration Issues: H1B transfer, industry organisation, new organization
industry organisation, new organization, profit organisation: What are you talking about? you are making an assumption that CIS will automatically approve your change. In any regard you must allow a minimum of 45 days from the date your new organization files the I-129 and filing fee before any action is taken whatsoever...

Immigration Issues: H1B travel, visa status, paystubs
visa status, paystubs, approval letter: You can apply for green card at any tiume but I would make your trip first. Youc an not travel on travel document. There is a risk but if the underlying facts about H1 are genuine you should not have a problem. Travel with copies of paperwork filed for H-1,...

Immigration Issues: H1B Visa approved but didnt got stamped, home country india, h1b visa
home country india, h1b visa, us embassy in london: Khushi, I do not know what verifications they are seeking. They could be checking on the employer s info or your name check. There is not a way around this. You could do this in your home country but without knowing what is being looked at I cannot tell...

Immigration Issues: H1B Visa in Colombia, visa in canada, attoney
visa in canada, attoney, tourist visa: Since you have an attorney you should double check with him. He should privide you the rules or memos that discuss this to make sure he knows what he is talking about. It would not be right for me to give you advice since you are represented by another attoney....

Immigration Issues: H1B Visa extension, visa extension, american citizen
visa extension, american citizen, green cards: You can extend your H-1 if you have not been here for 6 years in H-1 status. You can file anytime after september 2007 to extend. H-1s do not lead to green cards per se. You would need to file separately for that. Think positive about your green card case!...

Immigration Issues: H1B Visa Transefer in 6th year, i 485, sponsoring company
i 485, sponsoring company, present company: It will not be good for you to be working for another companmy than the one that sponsored you for your green card. The portability law says you have to stay at your sponsoring company until your I-485 is pending more than 180 days. Regards, Rober...

Immigration Issues: H1B Visa Transfer, india office, h1b visa
india office, h1b visa, petition: Since you never came here on Company A petition. The petition from B is subject to the cap and therefore can not be done until 4/1/07 for 10/1/07 start date. The only other thing you can do is come here on Company A petition and tdo a transfer after you have...

Immigration Issues: H1B Visa transfer, 5 months, quota
5 months, quota, petition: Venkatesh, There is no such thing as H-1B transfer . Every employer who wishes to employ you has to file a fresh H petition and get it approved. You are eligible to obtain a H visa through companies A-Z since you are not subject to the H quota anymore. ...

Immigration Issues: H1B Visa, green card application, adjunct teaching position
green card application, adjunct teaching position, 1b petition: Hi Karla, You can be paid only by your H-1B employer. However, you can have multiple employers file an H-1B petition for you (part-time position is OK as long as the position requires at least a bachelor s degree) and then you can be paid by multiple employers....

Immigration Issues: H1B versus EB Green Card, uscis gov, 1b petition
uscis gov, 1b petition, h 1b visa: Hi Christel, There is no disadvantage (other than cost/time) in applying under the EB-1 category now. Filing will not interefere with filing H-1B petition as well in April, 2008 (even if the final outcome on EB-1 is still pending with the USCIS), since...

Immigration Issues: H1B visa denial, visa denial, h 1b visa
visa denial, h 1b visa, h1b1: Hi Raci, You are overstaying as of February 21. However, when you apply at the Consulate in your home country, you should be issued the H-1B visa as long as you overstay for less than 180 days in the U.S. (If you overstay for 180 days or more, you will...

Immigration Issues: H1B visa extension stamping, labor certification application, h 1b visa
labor certification application, h 1b visa, visa holder: If he has been here 6 years in H status his extension will be denied unless he has a labor certification application that has been pending for more than 1 year. Then they will give him an extra year at a time. He must go to India for his stamping on first...

Immigration Issues: H1B visa with NGO and work for someone else?, westheimer suite, subject employer
westheimer suite, subject employer, internship job: Dear SCK: The USCIS has not clearly stated as to whether a H-1B beneficiary on a cap exempt H-1B can work concurrently for a cap-subject employer. There are some who believe that it can be done and others who think that it not possible under the current regulations....

Immigration Issues: H1B visa - Teacher certification, alternative teacher certification, teacher certification program
alternative teacher certification, teacher certification program, visa waiver: If you come in by visa waiver you have to leave within 90 days period and you can not apply for change to H here. If you come in with tourist visa you can get 6 months and then you can file for change to H, assuming your case is not subject to the 65000 cap/lottery....

Immigration Issues: H1B visa transfer - but have not yet travelled to the US, first visa, visa stamp
first visa, visa stamp, pay stubs: Ruth, 1. yes 2. It does not apply, by strict interpretation of the regs it will probably be OK 3. I would not suggest doing this until your transfer is approved 4. You should ask your own attorney to verify this. Mark Ashley www.ashleykrishnan.com...

Immigration Issues: H1B visa, h1b visa, westheimer suite
h1b visa, westheimer suite, h 1b visa: Mehrdad: The H-1B visa is normally issued for the period of its validity as a multiple entry visa. But for some countries due to bilateral agreements they are not issued for more than 3 months at time. Sincerely, Ramasamy Krishnan Ashley & Krishnan...

Immigration Issues: H1B-two year rule, visa stamp, nonprofit organisation
visa stamp, nonprofit organisation, h1b visa: Filip, Your company is right, they are talking about the 212(e)requirement for a two year residency in your country prior to be eligible to change status. Even though this may run contrary to your visa stamp this is the rule. You can obtain an advisory...

Immigration Issues: H1B, nonprofit research organizations, h1 b visa
nonprofit research organizations, h1 b visa, international medical graduate: Hi Gaurav: Here is an excerpt from the update section of our website at www.h1b1.com INS Releases H-1B Count INS has advised AILA that, as of May 23, 2001, it had approved 117,000 H-1Bs toward the cap, and had another 40,000 cap-subject H-1Bs pending....

Immigration Issues: H1B1 for Singaporean, h1b visa cap, h1b cap
h1b visa cap, h1b cap, arora: Hi, You cannot change to H1B (with the same employer) until your H1B1 status is about to expire. Then the extension of status can be filed as regular H1B. You will not be subject to the H1B visa cap. If you change employers, the new petition can be filed...

Immigration Issues: H1B1 Transfer, employer ends, uscis
employer ends, uscis, h1b: You really should address questions to the attorney handling your case. Q1) Is it legal to have a break of a few days between the two jobs? A1. Yes. Q2) Can I terminate my employment with my old employer after filing the petition but before I get...

Immigration Issues: H1B1 transfer, nonprofit education, old job
nonprofit education, old job, new job: Transfers are not subject to the cap. You can start your new job as soon as the H-1 is filed, since it is a transfer and not a new status for you. If you wanted to,you could stay at the old place until it is approved, but it is not required. Regards, ...

Immigration Issues: H1B1 (USSFTA) Transfer, 1b petition, 1b regulations
1b petition, 1b regulations, h1b transfer: Hi Muthu, You can work for the new employer as soon as the H-1B petition has been filed by the new employer. This is allowed under the portability provisions of the H-1B regulations. The transfer process for a U.S.-Singapore FTA is the same as a normal...

Immigration Issues: H1b change of status denial, h1b1, issue visas
h1b1, issue visas, sevis system: Hi, Yes, a Motion to Reopen should be filed. Obtain a letter from the International Student Advisor at your university stating that you have been enrolled as a full-time student from [date] to [date] and that is change occurred before expiration of OPT,...

Immigration Issues: H1b Extension, usics, extension application
usics, extension application, prospective employer: Rohit, 1) It should not be an issue for you to petitioned by another employer during your extension. However, they may require that the extension be approved before approving the latest petition. Unless your confident that the extension petition and prospective...

Immigration Issues: H1b extension beyonf six years, philadelphia backlog center, rir
philadelphia backlog center, rir, lc: Your understanding of your H-1 extension is correct. As far as the Philadelphia Backlog Center, they send a 45 day letter asking if your employer wants to continue and asking for any missing information or documentation. After you sen dit back they send...

Immigration Issues: H1b to F1 transfer, f1 status, cis office
f1 status, cis office, visa status: File for a change of status at your local CIS office. you must provided a valid I-20 from the school you intend on attending. Keep in mind, once you leave your job, you are no longer following the terms of your admission. As an F1 you must be able to prove...

Immigration Issues: H1b Transfer, h1b visa, immigration attorney
h1b visa, immigration attorney, smae: Filing a transfer is basically the smae as filing a new H-1 except for the box that is checked off on the form and the fact that your transfer petition is not subject to the cap. You can start working for the new employer as soon as the case is filed. You...

Immigration Issues: H1b visa extension stamping, h 1b visa, h1b1
h 1b visa, h1b1, visa holder: Hi Pinky, If your brother entered the U.S. initially in H-1B visa status, the six-year clock starts on that date. If he was in the U.S. initially in another nonimmigrant visa status (such as student or visitor) then the six year clock starts when the...

Immigration Issues: H1b1 Stamping, h 1b visa, 1b petition
h 1b visa, 1b petition, visa cap: Hi, I will not comment on the first question, as I cannot predict whether the Consulate will issue the H-1B visa. Regarding the second question, another company can file H-1B petition for you, but you will be subject to the visa cap as you never entered...

Immigration Issues: H2B visa, h2b visa, day grace
h2b visa, day grace, unwritten rule: It is an unwritten rule that you have a 10 day grace period. You actually do not really statutorily bar yourself, until you are here more than 180 days illegally and then leave. Then you are subject to a 3 or 10 year bar. Anything under 180 days does not make...

Immigration Issues: H2B visa, preference category, green card
preference category, green card, lawyer: perhaps, but it depends on your status, job circumstances, interest of the employer, etc. There are too many factors to answer a question like that in this forum. Go talk to the lawyer who handled your case (for the employer) and see if the employer...

Immigration Issues: H3 to H1B, luck mark, mark ashley
luck mark, mark ashley, masters degree: Raghav, I am sorry but according to the regulations,an individual on H 3 may not seek a change of status, extension, or readmission to the U.S. in H or L status until (s)he has resided outside of the U.S. for a period of six months. Good luck, Mark Ashley...

Immigration Issues: H4 in case of H1 transfer, visa petition, h 1b visa
visa petition, h 1b visa, pay stubs: Hi, The family members maintain their H-4 status even though the principal applicant s employer has changed. The following article from our website supports our statement: http://www.h1b1.com/family.htm The current visa in the passport (whether H-1B...

Immigration Issues: H4 extension, out of status for more then 180 days, h1b1, extension request
h1b1, extension request, uscis: Hi, If the extension is not granted by the USCIS, there is no appeal. You will need to depart the U.S. and possibly be subject to the 3-year or 10-year bars to entry to the U.S. My recommendation is to make sure that you depart the U.S. no more than 365...

Immigration Issues: from H4 to F1, h1 visa, residence in canada
h1 visa, residence in canada, canadian citizens: The I-94 was issued with an error as to the end date. To be safe, I would advise her to leave immediately. I would not want to rely on an argument that it was immigration s mistake when they try and bar her for 3 years for her illegal presence. She financial...

Immigration Issues: H4 - H1 approved, no I-94, visa interview, canadian embassy
visa interview, canadian embassy, h4: Why was her change of status denied? I do not think Canada will process the application. They usually only process the visa for non-canadians with no denials or issues in their history. You can try to get H-4 stamp, but that can be cancelled by India...

Immigration Issues: H4 to H1 conversion, uscis gov, 1b petition
uscis gov, 1b petition, visa cap: Hi, Your wife s employer in the U.S. should file an H-1B petition requesting change of her status from H-4 to H-1B. If she does not have a willing employer, nothing can be filed. Your wife will be subject to the visa cap, and therefore the earliest that...

Immigration Issues: H4 to H1 Status, pregnancy due date, h1b1
pregnancy due date, h1b1, approval notice: Hi, Due to your wife s medical condition, it is OK if she starts work in Jan. 08. She can apply for ss# anytime based on the H-1B approval notice granting her change of status, although she should apply now so that the ss# is issued before she starts work....

Immigration Issues: H4-H1 visa stamping issue, h1 visa, non immigrant visa
h1 visa, non immigrant visa, visa issues: Usha: It would seem that you travelled to India while your COS from L-2 to H-1 was in process. Is this right? If it is so the H-1B application is considered to be abandoned. I understand that it was approved, but it was approved because the USCIS was not...

Immigration Issues: H4 to H1 visa transfer, h4 visa, 4 months
h4 visa, 4 months, visas: Your employer has to sponsor you and if you pay the extra filing fee of $1000 they will decide it in 2 weeks. Normally it takes 3-4 months. Youc an not apply for H-1 until 4/1/07 for work to begin in 10/07 since they ran out of H visas for this year. ...

Immigration Issues: H4 to H1B transfer, h 1b visa, bachelors degree
h 1b visa, bachelors degree, attorney at law: Sujata, There are no H-1B visas available for this fiscal year. (Oct 07 to Oct 08) However you could be eligible for the next year s quota. The process would involve having an employer sponsor you for an H-1B visa by filing an application for you starting...

Immigration Issues: H4 processing time., h1b, company thanks
h1b, company thanks, hlb: Unless you have a visa that SPECIFICALLY authorizes you to work, you cannot. H4 does not qualify. You cannot be actively looking for a job . If you have a valid HlB you can only work for the company that petitioned for you. Keep in mind, you are a non-immigrant...

Immigration Issues: H4 Travel, receipt number, company b
receipt number, company b, my wife and kids: To be safe you should apply for premium processing to get approval for Compnay B in 2 weeks and then there is no problem. If you do not get approval before she enters and Immigraton finds out you do not work for A they could give her a hassle. Regards,...

Immigration Issues: H4 Visa - Indian Inter Religious Wedding complications, h4 visa, intercaste marriage
h4 visa, intercaste marriage, visa interview: Elizabeth, I will reitierate this again, if this is a legally, binding marriage, recognized by the country in which you married, it is binding in the US. It doesn t matter if you rented out a castle and had the Pope marry you or a simple Justice of the Peace...

Immigration Issues: H4 Visa - Marriage album, hindu rituals, marriage album
hindu rituals, marriage album, visa marriage: Hi, It will not be a problem. Your wife will take the engagement pictures along with the original marriage certificate. If there is still any doubt about whether this marriage is a bonafide marriage, the Consulate may ask your wife questions about your...

Immigration Issues: H4 Visa, american immigration lawyers, immigration lawyers association
american immigration lawyers, immigration lawyers association, american immigration lawyers association: Hi Mini, I understand that your husband and yourself have respective H-1B and H-4 visa stamps in your passport. Therefore, you can both travel on the existing visas until they expire. Your husband (after change of employer) should carry the new employer...

Immigration Issues: H4 visa transfer upon H1 transfer, 1b status, approval notice
1b status, approval notice, immigration law: Hi Mohanraj, Your wife will automatically maintain her H-4 status until May, 2006 since you are maintaining your H-1B status, and this holds true even though you have changed employers. The following link is helpful: http://www.h1b1.com/family.htm ...

Immigration Issues: about H4, westheimer suite, houston tx 77042
westheimer suite, houston tx 77042, ashley: Dear Srikalyan: I am unable to answer your question since I do not understand this portion of your question. travelling date to U.S r not mentioned same for my husband it was around 3rd week of oct nd mine is 2nd week of nov...pls tell me that these will...

Immigration Issues: HELP for questions on part 10 on N-400., immigration application, speeding tickets
immigration application, speeding tickets, n 400: Question 15 - Yes Question 16 - No Question 17 - Yes In the explanation block, fill out the dates of the speeding tickets ie - Speeding violation; Date; Place of occurence; Outcome (fine) You are being truthful, speeding tickets will not hamper...

Immigration Issues: Hello, immigration attorney, legal residency
immigration attorney, legal residency, green card: Donald, You can apply for your green card after you get married to your US citizen girlfriend. But to do so you must have entered the country legally. If you have not I would suggest that you either stay as you are or consult with an immigration attorney...

Immigration Issues: Help me 2 come there as an worker, marriage to a us citizen, political refugee
marriage to a us citizen, political refugee, asylum seeker: I think you and your parents are very foolish the rest all of your hopes on something that may be unreasonable. First of all, the US and most European countries do not just admit you because you want to come. As such your applications were doomed. You...

Immigration Issues: Help with I-765, atempt, local office
atempt, local office, good evening: You had to file I-485 in order to be eligible for I-765. The only thing you can do is 90 days after the receipt date, you can make an infopass appt and go into the local office to check status. They will then send an inquiry to the Missouri service center...

Immigration Issues: Help with Form N-400, moving violation ticket, selective service system
moving violation ticket, selective service system, form n 400: The affiliation question is basically looking for political ties but to be complete, you can list the organization you mentioned. traffic tickets do not need to be disclosed unless they involve an arrest or alchohol. F-1 is valid non-immigrant status - so...

Immigration Issues: Help on form I-130, b1 b2 visa, employment authorization card
b1 b2 visa, employment authorization card, form i 130: My problem lies with her last manner of entry...it does not appear she was inspected which means she in the US illegally. If she were to return to Mexico apply for the K3 then return, there would be no issue of her status to deal with, which can be problematic...

Immigration Issues: Hi to L1 Transfer, h1b1, petetion
h1b1, petetion, immigration issues: Hi Thomas, You are now automatically in H-1B status. It cannot be changed unless you either: a). depart the U.S. and apply for L-1 visa abroad at a U.S. Consulate and then enter the U.S. on L-1 visa, or b). Co. A files a L-1 petition for you requesting...

Immigration Issues: Husband of 10 years still illegal, permanent residence, waivers
permanent residence, waivers, second time: The only way for him to get permanent residence is for you to file an I-130 and then for him to go back home and apply for 2 waivers. One for the fact that he was ordered deported and one for the fact he has been here illegally for over a year. Regards,...

Immigration Issues: Husband in the Navy., immigration, navy
immigration, navy: Immigration is very flexible with people inthe military. If it gets scheduled for when he is away, if you go in they will likely tell you to let them know when he will be back and they will schedule it for then. They will not approve the case without him....

Immigration Issues: h1 application, h 1b visa, masters in economics
h 1b visa, masters in economics, 1b petition: Hi Falguni, Since you possess a U.S. master s degree, you are included in the master s quota. The company can file H-1B petition requesting change of status, but it will not help you if you depart the U.S. prior to approval. In any event, the effective...