H-1 for Canadian PR with J-1 issue

Question details

I am presently in Canada on Canadian PR (and have an indian passport). An employer in Indiana (from a hospitality background) is interested in hiring me.
1. They have no clue abt H1B visa. How do I proceed?
2. I was on J1 from 2000 to 2001. I do not have a waiver. Will this affect my application?

If you have neither complied with the J-1 home residency requirement, nor obtained a waiver, you cannot get an H-1. Make sure you are indeed subject to the 2-year HRR. You may not be - then an H-1 is a possibility. Go here to ask DOS for an advisory opinion: http://travel.state.gov/visa/temp/info/info_1288.html

EOIR at a Glance

 

This fact sheet provides an agency overview for general informational purposes only and is not a substitute for legal advice; nor does it constitute any legal opinion by the Department of Justice, or create any rights or benefits.  This fact sheet is not fully inclusive, does not address all applicable laws or case interpretation, and may be subject to change as new laws and regulations are enacted.

Citizenship eligibility question

Question details

I have a GC since Nov 2004 and stayed in US for 3 years before moving to India on a temporary assignment. I have been in India for the past 2.5 years and have got a re-entry permit. When I return to US in April of next year, since it has been more than 5 years since I got GC and I had been physically present in US for over 2.5 years, will I be eligible for applying for citizenship?

Since you have been out of USA for more than one year, you will be eligible for naturalization only after 4 years and 1 day after you come back to live in USA.

EB-2 with three years bachelor's degree

Question details

I have 3 yr Bachelor's degree (BSc) + 3 yr Bacheolor's degree in technology(BTech) from India and 8 years of experience. Do I qualify to apply for Green Card under EB2 category if the position requiers MS or BS+5 yr experience.

Usually, you are NOT permitted to put together two 3-year bach. degrees. So, it appears unlikely you will qualify for EB-2.

Denial of an L-1A

Question details

I am going to India for my wedding, I plan to do my L1A stamping and get an L2 for my wife. Now suppose my L1A stamping is denied, what happenes to my existing L1b petition which is valid till 2011 Oct? Can I use that to file and L2 for my wife and return back to US?

Your current approval is not invalidated by denial of an L-1A. You can use it.