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I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?
1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?
2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?
I have a question about my mother's stay in the US on a visitor (B2) visa. I am an IT Professional in the US on an L1 work visa along with my family (spouse & kid). My only sibling (younger sister) is also settled here in the USA. My father passed away a couple of years back in India. My mother is 60+ years of age, and currently, there is no family member in India to stay with her at all times. She visits the USA and stays with us for six months at a stretch during the year. Considering her health and emotional support needs, I am looking for options to have her stay with us long-term (beyond a six-month period in a year). As is the case in this scenario, are there legally valid options/exceptions for old-age single parents?
1. I am currently in a 60-day grace period due to a layoff and am in the process of finding a new employer to file an H1B transfer. I have two questions regarding my situation:
If I apply for a B1/B2 visa on the 59th day of my grace period and it is approved within two weeks, can my new employer still file an H1B transfer using premium processing?
2. Specifically, I am concerned about the impact of my status change from H1B to B1/B2 and then back to H1B on the processing of the transfer.
3. My family members hold a valid US visa stamping until March 2027, which was obtained using my previous employer's I-797. Can they enter the US using this existing visa with a copy of my new employer's I-797 at the port of entry?
I am currently on a B2 status and waiting for PERM approval. I have extended my B2 once, and I still think I would need another six months until my perm and I140 get approved. I need your suggestion in making a decision:
Should I move to day 1 CPT OR extend my B2 for another six months?
Which one will be the best option so I don’t get any RFEs from USCIS in the future?
I have another question: My parents and brother have their B2 visa interview scheduled for May 31st. If they ask my parents about me, is it a good idea to mention my situation in the interview?
Many have asked this question before, but since rules and situations are always different, so here I go - I'm on H1B with an approved I-140.
A layoff recently impacted me - my last day on payroll is 10th Feb 2024. I will also receive a severance (lumpsum) within 75 days of Feb 10th. My questions are -
1) Given the market, it may take more than April 10th to finalize an offer and start the H1B transfer. What are the options ( if any ) to extend my stay beyond April 10th?
2) Many suggest applying for B1/B2 (I'm single, have no spouse to move to H4, etc), but I also hear if it's rejected then the time of my stay after April 10th will be an illegal presence, is that true?
3) Say I receive the severance lump sum on March 15th -- are the days from Feb 10th until March 15th counted on company payroll?
I entered the country back in 2019 to complete my Masters degree (F1 Visa). I am on an H1-B visa, which was approved last year (10/01/2022 - 10/10/2025). However, I have yet to go to India, so visa stamping is incomplete. I got laid off on December 14, 2023, so I am on my 60-day grace period. Suppose I cannot secure a new role within the 60-day grace period. In that case, I am considering changing my status to a B2 visa to extend my stay and continue looking for an opportunity. However, since my H1 visa is not stamped, will that create an issue filling for a change of status to a B2 visa? And when I land a new job returning from B2 to H1, would that be an issue since the visa won't be stamped either?
I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?
I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?
My son-in-law was interviewed at the US Consulate in Frankfurt in May 2023 for a marriage-based immigrant visa. They have requested his CV with traveling details for further processing. His case has been in Administrative processing for well over 90 days. I have two questions:
1. Is anything can be done to expedite the process?
2. He has traveled to the US on a B1/B2 visa four times prior to his interview from Germany. Is there any problem with him traveling to the USA to visit his wife while his case is in Administrative processing?
I have an approved I-140 (Approved in Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.
My question is :
1.If for any odd reason I lose my job in the US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within the US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?
2. If I decide that going to India is a better option and want to come back after some time to the US, would I be subject to the H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to the US ?
Currently, I am holding a STEM OPT from May 2022 until May 2024 (2 years).
My employer had applied for H1B this year and last year but had no luck.
Question and suggestion, please:
1) What are my legal options?
1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?
2) Enroll in university for the Master's degree?
2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? Once a master's degree is complete, reapply for OPT and STEM OPT.
2.2 Should I continue to apply for H1B in the meantime?
3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?
Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.
Lastly, my passport expires in May 2024 as well. Is there any problem there?
- I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?
My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?
Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?
I had filed for my parent's green card in July' 2022. It is concurrent filing.
The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.
The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.
Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?
Also wanted to know:
Will I need to withdraw the I-130 petitions that I had filed for them ?
Will this impact their existing B-2 (visitor) visa? Will it still be valid?
Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.
Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
I have worked in the U.S. under L-1\H-1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H-1B I-797 petition is approved. I have a previous employer's H-1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved I-140 (EB2) from my previous employer.
My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B-1/B-2 Visa and approved I-797 and later change status to H-1B and join the job? If yes, would it impact the GC process in future?
My H-1B Visa is valid till Sep 2023. My son who is currently in India had also stamped his H-4 visa. However, he is now over 21 years of age. Can he travel to US to visit us on the same visa or he has to apply for a B-2.
I do not see how an aged-out child can travel on a derivative visa.
I got my USA citizenship this Jan, and I want to start the green card process for my parents. They are currently with me in the USA on a visitor visa, however, they would like to go back to India in March after the 6 months of allowed stay in the USA.
So I want to know when I start the green card process for my parents when they are in India, can they still travel to the USA on their existing B-2 visitor visa (valid till 2026), or should they be in India until the consular processing for their green card is complete?
Background: I am currently on L-2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join me in Canada at a later time.
Now:
I want to apply for the change of status from L-2 visa to visitor visa while I am still in the US, and leave for India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).
Questions:
1) Is it okay to leave the US while my change of status from L-2 to Visitor visa is in the process?
2) If yes, will USCIS continue to process and intimate me once they approve?
We live in Delaware. We had extended my parent's B2 Visa twice in the past. Once in 2016 and it was approved. Second time in 2018, but they went back to India before the decision on extension. For the second extension, we got a letter from USCIS stating, "Since they left the country, USCIS is not approving the extension, However they can travel again"
Again in 2019, they came and left the US in 6 months.
This year, they came last week on Jan 31 2022, but CBP in Philadelphia airport took them for inspection at the port of entry. After a long wait time, CBP came back and told them that they had overstayed and they had canceled their B2 Visa. CBP gave a letter that they can stay for three months and leave the country before April 30.
Though we followed the process defined, we are really not sure why they canceled the visa.
With this situation, Can you please advise what is our option,
1. Can we appeal for visa reinstatement?
2. Can we go back to the country and apply for a B2 Visa again in May ? Or should we wait for some time before applying again?
1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee.
2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?
3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?
4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?
5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.
*Please note that the queries have been put together and edited by the Economic Times to address similar questions at once and that the answers are clear and relevant to the audience.
1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee.
You seem to be referring to a visa denial under Immigration and Nationality Act, section 214(b).
This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you did not overcome the presumption of immigrant intent required by law by sufficiently demonstrating that you have strong ties to your home country. Such ties are seen as a reason you will not be tempted to exceed your allowed stay in the USA.
When your spouse is already in the US, your ties to your home country are difficult to demonstrate. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. Note that visas like H-1, H-4 (if your spouse gets an H-1), and L-1 are immune from this problem. So, when your wife obtains an H-1B status, or you can qualify for an L-1 visa, you should not have the section 214(b) denials impede your visa.
2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?
Because of the resurgence of the pandemic and a huge backlog of cases, it is unlikely we will see an immediate resolution of the delays. But consulates have indicated that give preference to families of immediate relatives, like parents, of US citizens. Also, the US consulates have started waiving some nonimmigrant visa interviews, which should streamline their operations for green cards as well.
3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?
I am not sure what type of visa your daughter has, but your choice appears to be the same as for any other foreign national, a B visa. The consulates usually issue a B-1/B-2 visa or a B-1 visa for medical issues and attending family members.
4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?
You will have to apply for her tourist visa again.
5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.
It appears that the continuity of your stay required for naturalization has been broken by an absence of one year. An absence from the United States for a continuous period of 1 year or more (365 days or more) will automatically break the continuity of residence. It appears you could apply after 4 years and one day after returning, or easier, 4 years and 6 months after returning. The USCIS provides the following example for your situation:
“An applicant for naturalization under INA 316 departs the United States on January 1, 2010, and returns January 2, 2011. The applicant has been outside the United States for exactly 1 year (365 days) and has therefore broken the continuity of his or her residence in the United States. The applicant must wait until at least January 3, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to January 3, 2010. At that time, although the applicant will have been absent from the United States for less than 1 year during the statutory period, the applicant will still have been absent from the United States for more than 6 months (180 days) during the statutory period and may be eligible for naturalization if he or she successfully rebuts the presumption that he or she has broken the continuity of her residence.
If the applicant cannot overcome the presumption of a break in the continuity of his or her residence, the applicant must wait until at least July 6, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to July 6, 2010. During the 5-year period of July 6, 2010 to July 6, 2015, assuming the applicant did not make any additional trips outside the United States that would cause USCIS to presume a break in continuity of residence, the applicant was only absent from the United States between July 6, 2010 and January 2, 2011, a period that is not more than 6 months. Therefore, no presumption of a break in continuous residence applies.”
What are the consequences if we extend parents visitor's visa's stay for more than 1 time? Will it be a problem when they come back to US again? Is the minimum time to come back again still 6 months?
My Mother-in-law arrived in the USA on Feb 19th, 2020 on visitor visa (B2), her initial plan was to stay till Aug 11th 2020 but due to covid-19 and travel ban we have applied extension for another 6 months - Feb 4th, 2021 on June 19th, 2020. Her case status is still under processing("Case Was Received") even though she is getting close to the end of first extension. Since she is over 62 and belongs to high-risk traveler category(with pre-existing conditions), we would like to extend her stay for another 6 months, mostly till June 2021. Her authorized stay(I-94) expired on 8/18/2020
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1) Can we apply the second extension for another 6 months while her first extension is in processing, if yes, what is the process?<br>
2) Can she stay in the US even after Feb 4th (first application requested end-date) while the application is being processed, will this be considered overstay?<br>
3) What happens if my mother in law leaves before biometrics appointment?<br>
4) if rejected, how soon do we have to leave the US and will the stay from I-94 is considered as overstay?<br>
5) Staying beyond 1 yr has any impact on future visits?
Watch the Video on this FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions
Video Transcript:
This FAQ has become such a problem for people. Answering to the question:
1. Yes, you can.
2. Yes, she can.
3. Just keep track of all the paperwork you have filed to make sure you can prove to the government that she was legally in the United States. She can leave before the biometrics.
4. Reasonable time. A few days to three weeks depending upon what is reasonable under the circumstances.
5. If she stays here for six months or one year, let her stay outside for at least a year otherwise the government can refuse her entry saying you have been coming too frequently. FAQ in detail...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
1) I lost my job almost 6 months ago. I was on H1B with I-140 approved. I filed for a change of status to B2 (not approved yet). Now I have to extend again since I wasn't able to find a job and cannot move out of the USA right now.
How long/many times can one extend a B2 under the given circumstances?<br>
2) If for whatever reason say the original B2 petition filed in July gets denied do I get illegal presence for all these months from July? How long(days/weeks) does a person has to leave the country in this case?
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3) Any suggestion on what steps to take if USCIS does not approve COS from B2 (pending) to H1b but processes as consular processing. I am a Canadian resident but I heard only emergency visa appointments are available.
Watch the Video on this FAQ: Loss of H-1B Job and Opting for B-2 Visa
Video Transcript
1. Until the B-2 is denied you could try to keep getting it extended.
2. No, as long as a timely filed B-2 was pending you have no unlawful presence.
Well, technically you have no grace period to leave, but the 180 days begin to be counted from the date of the B-2 denial, not from the date of the 60 days expiration of the H-1B.
3. At this point you should talk to a lawyer. FAQ in detail...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I came to the US on H1b in 2010. My i140 got approved in Dec 2013. I joined a new employer on 21 Feb 2020. My H1B got approved till 20 Feb 2023, But I did not receive any receipt notice for my wife and my elder son H4. My employer told me that he applied for an H4 visa for my dependents.
Unfortunately, I got laid off due to COVID-19 and my employer notified USCIS on 8th June 2020 to revoke my visa. My priority is to find a new job. But in case I do not find any job I would like to move out of the USA, I do not want to accrue unlawful days. But, due to the COVID-19 situation in India, I am scared to travel to India.
My wife called USCIS and was asked to email USCIS on lockboxSupport@uscis.dhs.gov to notify her of the receipt number of my wife and son. But she has not received any response.
I want to stay in the USA until the COVID-19 situation becomes normal. As per the Document COVID Coronavirus Converting to B-1 B-2 status.pdf on your website, I can apply for a change of status to B1/B2?
Covid-19/Coronavirus applying for B-2 status
Video Transcript
Reach out to your lawyers and explain to them what is happening and tell them to make sure you get copies of everything. File for your family's B-2 if your H-1 is not filed within that 60 day I-94 time. If it is filed go ahead and file another H-4 application with them. For applying for EAD under certain circumstances please click here.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My employer has applied for my H1 B extinction and got an RFE ,based on RFE responded but I got denial USCIS site 03-20-2020. But my employer still did not received denial notice. How many days I can stay in the USA after denial. (my I-94 has expired Jan-25-2020)
Video Transcript
A lot of you who have been laid off can use this information to maintain status. Lets say you got laid off in your H-1B. The way the 60 day grace period works is, you are given either the time remaining on your I-94 or 60 days whichever is less. So if you have only 45 days on your I-94 you have got a 45 day period not a 60 day period.
As long as you file a B-1/B-2 application with the government within those 60 days or 45 days depending upon your situation I think you are going to be quite OK. But here is what you need to understand. When you file B-1/B-2 you will use the form I-539. You will prepare a cover letter to the government telling them the truth that you have been laid off unexpectedly in the times of coronavirus. You cannot travel outside the USA, finding another job is getting difficult, you have enough money to support yourself, you will not work illegally and you are asking for a six month stay on a B-1/B-2 status and that as soon as you are back on H-1B you will not start working until the H-1B is approved. So make these points with the government.
You can file the application online. While this application is pending you are not accruing unlawful presence. You are in an authorized period of stay. But here is one big point to remember. If you ask for six months your application is probably not going to be decided till about nine months. The last three months you would be accruing unlawful presence. So what you need to do is before the requested six month period is over if you have not found a job, apply for another extension even though the first one is still pending. Keep applying for further extensions until you need them no more.
But B-1/B-2 is a great way to maintain your status. Nobody can travel during this time, so obviously you have something pending with the government even if you are out of status. These are extraordinary circumstances the government should forgive you for being out of status and at some point either at the point of the fist B-1/B-2 or at the point of the second B-1/B-2 approve your B-1/B-2 therefore take away all your unlawful presence issues and if they don't that’s what the good lord made the courts for. Apply for a B-1/B-2. It is a very important way to do things.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My father is having a B1/B2 visa till 2025. He came to visit me on Feb 12, 202. He has stamped (I-94)till August 4, 2020. Due to this COVID-19 situation, I would like to extend his stay in the USA on B1/B2. He visited the USA multiple time from 1987 to 2020.
Watch the Video on this FAQ: B-1/B-2 visitors visa extension
Video Transcript
There should be no problem applying for extension in these circumstances. The important thing is to get the application filed. It is not that important to get it approved. Make sure he keeps proof of timely filing. FAQ in detail...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My parents are here in US on B1/B2 visitor visa and their I-94 expires on June 5th. With the current Covid Situation, I feel it's risky to send older parents back to India. I would like to know if I can apply for extension of stay based on this situation? USCIS will consider this kind of pandemic situation in to account for extension? If I can apply extension how soon I should do and how long I can extend ( can do 6 months)?
Covid Coronavirus Extension of B-1-B2 (tourist visas or business visas)
Video Transcript:
This is an extremely important question, applying for an extension of B-1/B-2 status while there is coronavirus epidemic happening. ABSOLUTELY apply for your B-1/B-2 extension. It should not be a problem and once you apply for it online using form I-539 it is received by the government. You don't have to step outside your house. Now specifically answering your question you can extend six months from June. So once the application is received your parents can continue to stay here while the application is pending. FAQ in detail...
Spoken to the current employer's attorney on Tourist visa , they replied its not a correct path moreover it takes much proofs to tell USCIS i was on H1b working for employer and then changing to visitors and then after certain period of time when i find a project, changing it back (i.e applying) to h1 makes this case more complex.
Applying for tourist, visitors, B-1, B-2 to maintain status
Video Transcript:
B-1/B-2 is not a perfect solution, but it allows you to be in an authorized period of stay for up to six months. You can apply before the six months are over for another extension whether or not you get it as long as the case is pending it was timely filed you are not illegal. You do not accrue unlawful presence, but you cannot jump to another status for that you might have to go outside USA. But under the current environment, it is an good point to argue. FAQ in detail...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I am planning to sponsor Visitor Visa for my sister,she was diagnosed with Down syndrome when she was 1 year and she is now 45 yrs old.
Considering her condition, i would like to know what additional documentation is required for visitor Visa B1/B2 apart from I130, letters to consulate & bank statements.
Watch the Video on this FAQ: Tourist/Visitors visa for people
with special needs or challenges
Video Transcript:
Since Trump administration has proven to be extremely hostile to immigration, both legal and undocumented I cannot predict what the consulate is going to ask. My advice would be to go ahead and apply for her like it is a normal application. Now I also want to add that any people with special needs or challenges as long as they don't pose a threat to the US people or their property they should not have any extraordinarily more difficult burden to carry than anybody else but medically they might have to prove that they can be taken care of. FAQ in detail...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My father recently renewed his B2 Tourist Visa - and was given the 10-YR Multiple entry visa. He is currently visiting USA and his current I 94 expires in end of May 2019. Due to some medical issues - we were contemplating about requesting a 2 to 3 months extension for his stay - if possible. Would you necessarily have to provide an evidence in the form of a return ticket (about 3 months hence from end of May 2019) - to prove that he indeed intends to go back
Issues related to tourist visa/business visa (B-1-B-2) extensions
Video Transcript
As far as I know they often do require a return ticket. FAQ in detail...
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1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br>
2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
Options to stay in the USA after expiration of H-1B
Video Transcript
1. I don't think you would get the tourist visa or tourist status but you can apply for it.
2. 60 days is the total time.
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I am a US citizen. My parents (father 72 y and mother 65y) have a valid multiple entry visit visa to USA issued in 2012 and valid till 2022. They used to make short visits to USA every year till 2016 with duration of stay averaging around 55 days each year. After my father’s retirement in April 2017 they have settled down in India.
During their visit in June 2017 they stayed here for just under 6 months (174 days). They visited this year as well for about 173 days, arriving in SFO in June 2018. Upon their arrival at SFO, the CBP officer cautioned that the 6 month stay is not acceptable each time they visit, perhaps they will be given only 1 month stay during their next visit and that they should apply for green card if they wish to stay longer.
Based on your expertise, we would appreciate if you could let us know whether there is a possibility that the CBP officer would have placed an adverse remark/ comment on their system and would enforce a short stay of 1-2 months during their next visit (tentatively in June 2019). Being aged, they are more comfortable with making 6 months visits on multiple entry visa rather than staying for longer periods in USA to keep Green Card valid.
Period of maximum stay allowed for tourist visa entrants
Video Transcript
Preventative would be to stay less than six months each time you come or if you have stayed six months in a year then don't come back the following year. Wait another 12 months before you come back in. That would be prudent. More...
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1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br>
2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br>
3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then.
Watch the Video on this FAQ: Travel outside the USA when a case is pending
Video Transcript
1. Yes, you can travel.
2. I don't know the exact local rules, but you have to go for visa stamping.
3. You should not go until the amendment is actually approved. More...
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Currently I am in India, my H1-B got denied and left US. My wife is in US on the basis of change of status from H4 to B2 on humanitarian grounds due my daughter's chronic medical condition. Her B2 is still under process and if approves then good till 24th Feb'18.
Since It is uncertain I will get another employer who can sponsor h1b immediately,
Is there any provision for US born, parent can stay due to her undergoing intensive treatment?
Can we apply for humanitarian parole?
Video Transcript
If you are outside USA and your B-2 Visa is denied you can try a humanitarian parole. For more information, you can visit the USCIS link - https://my.uscis.gov/exploremyoptions/humanitarian_parole .
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Right now I'm in USA on B1 visa. I came last week 1st Oct 2017. Got the stamp for 6 months (i94 expires on Mar 31, 2018). This is the 3rd time I'm traveling to the US on B1. Below are the previous trip details.<br>
Aug 02 2014 To Sep 28 2014, May 03 2015 To Jun 15 2015,3) Oct 1 2017 To till date (Nov 11 2017). Now my company wants to file L-1B petition for me. The employer is ready to file an application for L-1B in the USA if it is legitimate.<br>
1) Now I'm already in the US, so Is there a process to get my L-1B without going back to my country (India)? Is B-1 to L-1B is a complex process? Is there any complication(s) if I put my petition in USA?<br>
2) What will be the time frame to get L-1B?
Video Transcript
1. You should go to your home country or a third country. You can go to Canada or Mexico. B-1 and B-2 are not complex if you qualify. L-1B's are very difficult to get. Specialized knowledge employee is very difficult to get but if you qualify not a problem.
2. Regarding time frame you can always apply through premium processing and within a few weeks, you should get your adjudication done. More
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1. I am on H-1B visa valid till sep 2018 , I came to India in November 2016 and applied for stamping of my visa here in New Delhi consulate , they kept my passport and some documents and told me it's in admin processing and will contact the client, as I was not working for that client during that time so they have rejected my visa after 3 months in January 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact. I check My USCIS online status of my H-1B says that my visa has been sent to the department of state. Will I be ever able to enter the USA ?
2.How to remove this Fraud charges on me?
3. I have a B1-B2 for 10 years in the year 2011, but that passport got lost in the USA, I got new passport from Indian consulate there and then I was traveling in H1-B mostly, So never bothered to inform and re-stamp my b1b2 visa from the consulate in India. How can I get my duplicate B-1/B-2 re-issued
1. Am I allowed to travel to the USA as a B-1 business visitor? How many times in a year and for how long can I stay in the US for my business trip?<br>
2. What kind of paperwork would I be asked to show at the port of entry?<br>
3. B-1/B-2 visa stamp is valid until 2026; Do I need to renew it every time before travelling to the US by going to the US consulate or any other office?
Watch the Video on this FAQ: Doing business in the USA on a B-1/B-2 visa
Video Transcript
1. B-1/B-2 are mixed used visas. You can do pretty much everything on these visas. <br>
2. They can ask you why you are in the USA. Remember, just because you have a visa does not mean that your entry into the USA is guaranteed. The government would still want to know why you are in the US.<br>
3. You do not have to renew your visa. It is good till 2026. More...
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1. Does the new 60 day grace period for H-1Bs apply to one after quitting their job ? Or is it only applied to situations only in the cases where the employer terminates the job?<br>
2. I am on H-1B and plan to quit my job and move back to India, I would need 3-4 weeks to wrap up things here after quitting the job. I am trying to see if I can use this 60 day grace period.
Watch the Video on this FAQ: Does the H-1 60 days grace period apply when one quits a job?
Video Transcript
1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.
2. Apply for a B-1 or B-2 visa, change of status before you quit your current job. It takes them 4-5 months just to decide on that application and as long as that application is pending you are not illegal in the United States as you are in an authorized period of stay. Carry a copy of that application and the receipt always to make sure if ever that question comes up about your stay. More...
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My brother in law has got Green Card on November 2013 from Parents based. He will be getting engaged this year April 2017 in the USA with a girl who is Indian Citizen. She has B1/B2 visitor visa. So I have couple questions. If she comes to the USA and gets married here in the USA and my brother in law will fill petitioned for F2A category (on Green Card based) then will she face any issues in future while coming to the USA on B1/B2 visa?
Watch the Video on this FAQ: Entering the USA on B-1/B-2 visa to get married
Video Transcript
It is a bad idea for a bunch of reasons. The better option would be where she can apply for an F-1 visa now, especially if she has been to the USA and gone back before. Her chances of getting an F-1 is good. If they have not been formally engaged then there is a question I think in the DS-160 during the student visa which asks: is your fiance is in the USA and I don't think if you are not engaged you can say yes to that question so I think she will be ok. Her chances of getting a student visa will be good because she has been to the USA before on a tourist visa. She must enter as a bona fide good faith student. She must want to go to school. After a semester or two, if they want to get married, I think that is ok. She can continue as a student while she waits out her GC category. That is the only smart scenario I see. More...
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My wife's I-485 got rejected because of priority date not current. My application was delivered early by FedEx(Sep 29). Her priority date is Sep 2014 so as per Oct 2015 guidelines I believe she has the eligibility to apply.
Can I re-apply same documents, and also do I need to apply for her Visa extension too because it will expire in 1 week from now. Will she be considered in status with her I-485 receipt number and in process of re submission?
An untimely filing based denial does not invalidate the documents, and, a pending 485 keeps her in authorized period of stay. Nevertheless, I advise people to keep their status (like H-1, H-4) current, anyway. By the way, a B-2 to AOS application is FULL of potential problems. Make sure you consult a lawyer.
I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>
1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=782
FAQ Transcription
There really is no statute law that specifically prohibits such an entry. Well maybe there is something that says you must have nonimmigrant intent but the question is can they do it. Theoretically yes they can enter on a b visa while the green card is pending especially when something is pending for 13-14 years they maybe allowed an entry but they can be disallowed an entry at any point of time. So there is no guarantee that the B-1/B-2 option either the renewal of the visa or entry at the airport will be permitted on a indefinite basis. You could be stopped any time. However H visa, L visa, E visa and O visa are some of the visas that are not subject to the problem of green card pendency. These visas can be utilized. Also remember a green card can be filed through several different categories at the same time. So if your sibling qualifies for other categories they can apply under all the categories available for them. So H-1 visa is no problem b but B-1/B-2 no guarantee.
I am an Indian studying in New Zealand. I have finished my first semester. During my 3 month semester break, from New Zealand I would like to apply for a B-2 visa(visit for pleasure) to the US to attend my best friends wedding as I am her bridesmaid. My query about the funds that I need to show <br>
1. How much do I have to show <br>
2. How old should the funds be
For visitors visa, there is no requirement of possessing funds. The consulates can require, if they so choose, that you demonstrate your ability to support yourself during the visit, but there is no hard and fast rule on this. Your most likely hurdle will be the need to prove that you will come back and not stay in the US illegally.
I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.
There are several issues that should be examined before you can make an informed decision.
1. B visa or ESTA does not allow you to “work:”
To enter the USA, a B-1 visa or ESTA (Visa Waiver Program) is a good option, but you need to remember, these visas do not allow you to actually engage in income generating business yourself. There are several impediments to what you can do. You are, of course, allowed to enter the USA, seek a business, negotiate and/or purchase the business. You are also allowed to incorporate and/or start a new business, including, a US branch of your business in your home country.
Read about B (the same limitations exist for ESTA entries) visas: http://www.immigration.com/visa/b-visa/b-visa-overview
2. Are you already a part of or own an established business in your home country?
(a) Yes: Look at the following options:
i. L-1 (Intra-company transferee – visas where you have or are starting a company related to your foreign company) http://www.immigration.com/visa/l-visa/l-visa-overview
ii. E-1 and E-2 (Treaty trader and treaty investor visas – require a treaty between your home country and the USA. India does not have any such treaties with the USA. http://www.immigration.com/visa/e-visa/e-visa-overview
iii. EB-5 (These are investment-based green cards requiring investment of $500,000 or $1 Million and creation/preservation of ten American jobs over two years) http://www.immigration.com/greencard/eb5-green-card/eb-5-investment-green-card
(b) No: Look at E-1/E-2 and EB-5 visas (links are in the previous para).
3. Should you convert from B visa to any other visa?
Generally speaking, that is a bad idea. Watch this video: http://youtu.be/es4SlhcXr9E
For more information related to B visas, you can watch videos from this play list: https://www.youtube.com/playlist?list=PL13184E6EA97A1593
4. How do you start a business in the USA:
This matter should be addressed based upon the advice you receive from legal counsel in the State where you wish to start your business. The incorporation of foreign business entities is regulated at the state level (as opposed to the federal or national level) in the United States. The application process will vary from state-to-state. Here is a good resource page from SBA, Small Business Administration (SBA is a US Government agency) on the types of business entities you can form in the USA. Generally speaking, you, as a B or ESTA visitor, should be able to form any of these entities: http://www.sba.gov/category/navigation-structure/starting-managing-business/starting-business/choose-your-business-stru
While previous presence in the U.S. is a relevant factor in determining whether an alien maintains a residence abroad that he or she has no intention of abandoning, isn't it true that inspecting CBP officers should not focus solely on the amount of time an individual has previously spent in the United States to determine eligibility for admission as a visitor?
U.S. Customs and Border Patrol (CBP) indicates that all nonimmigrant applicants seeking admission as B-2 visitors are required to satisfy the inspecting CBP Officer that they are entitled to the admission and classification that they seek, including proving that they maintain a foreign residence abroad that they have no intention of abandoning. A variety of factors are to be taken into consideration by the inspecting officer, including, but not limited to, the intended length of stay, proof of foreign residence, and financial solvency.
1. If an alien is otherwise admissible as a B-2 visitor for pleasure, isn't it true that a CBP officer should not limit the admission of that alien to 180 days in a twelve-month period?
2. Assuming an individual is otherwise eligible for admission, isn't it true that eligibility for admission as a visitor is determined by the nature and expected duration of the intended activity in the U.S.?
3. What is the training that is given to CBP officers to reinforce that B-2 visitors may lawfully be admitted for an aggregate period in excess of 180 days in a twelve-month period?
1. U.S. Customs and Border Patrol (CBP) indicates that, if an alien applicant is otherwise admissible as a B-2 visitor, and passport validity requirements are met, the applicant can be issued more than one 180-day admission period in a 12-month period.
2. U.S. Customs and Border Patrol (CBP) indicates that alien applicants for admission in the B-2 classification are determined to be eligible for that classification based on the purpose of their visit to the U.S.,as well as the anticipated period of stay.
3. U.S. Customs and Border Patrol (CBP) indicates that training on nonimmigrant processing, including B-2s, is currently administered at the CBP Academy during basic training, as well as during Post Academy training that is administered after the trainee officers have returned from the Academy. The training is also administered to officers who require immigration cross-training, and periodic musters are disseminated to the field regarding non-immigrant processing issues. The training and muster material is basically a restatement of the laws and regulations concerning B-2 nonimmigrants.
I am an IT professional who has come to the US for medical treatment on a B2. I am getting better. Since I like to constantly upgrade my skills, I found some training programs that I could attend as they are more frequent in the US than in Canada. Can I attend them on a B2? I mean I have a B1/B2 visa, but the officer marked it as B2 on the stamp on my passport at the POE. Second - I also have got an offer for a one day lecture to some technology professionals for which I might get paid. How would the folks know I worked for a day if while exiting the country there is no checking?
I believe you can take training on B-2 as long as your main purpose of stay in USA is is still medical treatment. Getting paid may be a bad idea.
I am currently in the U.S. with B2 visa. Can a company that intents to hire me, apply for a work permit on my behalf and change my status while I am in the U.S.?
You can, but it is almost never a good idea to convert from a B to a longer term visa. Please discuss the consequences with your lawyers.
I am a US citizen can I apply for green card for her while she is in US and can she stay here while the application is in process?
The answer to both your questions is - yes. But you MUST speak with a lawyer to understand all the nuances of her case.
My grandmother has a B2 visa to visit Guam. After her two week stay, she wants to visit her other daughter in California but she will have to go back to Philippines for a day because its cheaper to travel from Phil. to Cali. Can she still use the same B2 visa. When will she have to surrender her I-94? After the California trip?
As long as the visa is valid and permits multiple entries (not all visas do), I see no problem.
I am US citizen trying to bring my friend from Pakistan to visit me in America , how hard is the process for him to visit, as we have never offical met in person, but are connected online. I hear you have to have proof that we actually have met, like pictures?. Is this hopeless? Would it be better for me to meet him out of the country?
Getting a B-2 visa for a single person tends to be very difficult. If you meet him once, you can get him here on a Fiance (K-1) visa. That is much better if you want to get married.
I have already applied for the draw for the Diversity Lottery Visa for which I am eligible.If at all I dont get selected and want to make a B1/B2 application thereafter will I have to mention in the application form that I have been denied such a chance for lottery before and if I choose not to do so can the consulate people find out that this person has made such an application before.Please advise for the correct approach.
As far as I can think, you would have to reveal your DV application. Not having researched DV specifically, I can only say that generally, having applied for a green card makes getting a B visa much more difficult.
I want to know how long I have to spend in my country before I can return back to America,I left there on october 27 and I have a B-2visa.
I cannot give you a hard and fast rule, but generally speaking, CBP wants you to spend more time outside than inside USA each year.
Last november 11, 2009 I went to seattle for vaccation. I detained: 1-one returned ticket for may 3, 2010; 2-one electronic ticket for one mission on geneva from december 1st to 7, 2009; 3- 3books for my online MBA courses; 4- one visa B1 & B2 for 10 years issue on july 2007, 5- a letter for my employer. But when I arrive to airport the immagration office say that I came to work or study, but not for vaccation. They put me in Jail ARROUND 1 MONTH and they revoked me.
I want to know the way to make my complaint and ask to review my case. I am an international worker since 1999.
You will need a consultation with a lawyer. It appears you were formally denied admission and excluded from entering USA. The one-month detention sounds strange. Anyhow, get a lawyer, this is not a simple matter.
Have a pending I-130 with priority date of 26 OCt 2002 In the F2B category, now my cousin wish for me to visit her in MARYLAND, My parents and siblings live in the states and I have been denied B2 Visa befor in 2002 , but I have also travelled to the US before as a child first in 1987 and 1992 with my father. QUESTION is I have 5 Years working experience in a bank, I have travelled to the UK,FRANCE,ITALY AND SPAIN regularly on holidays in the last 3 years. What are my chances of getting a visitors visa? If my chances are not bright, I might as well forget about applying for a visitors visa.
Your chances are slim, but it is impossible to predict.
My mother in law would like to visit me and her grand daughter and i would like to get her a visitor visa what do i need to get that and how do i get one?
She needs to contact the US consulate closest to where she lives. Normally, they will be able to tell her what she needs to bring and what the procedure is. This information should also be available on consular web site. Most consulates also respond to e-mail enquiries.
I came back from states in 2003. I had mulitiple b1/b2 visa that was expired in 2006. Now, if I apply again so what are the chances? Can i get multiple visa again?
I see no reason why not.