H-1 Quota

Question details

I came to US on F2 visa. In April 2008, my employer filed for my H1B visa and it was approved. Due to some personal reasons I can't start work from October 1 and I will need to change my visa status back to F2.

Qo 1. My question is if I change my visa status back to F2, and if I find an employer who is ready to file my H1B in the future, Will I have to go through the quota again?

Qo 2. Hi, I have been inspired by the previous posts, I have a similar situation. I was on H1 till Mar 03. Then I transfered to F2. Now I'm about to get a job offer from a company. Is my H1b application subject to the Cap? My previous H1B was issued on Feb 2002 and I haven't been out of the states since.

Ans 1.  In my opinion, you will not be subject to the quota again.

Ans 2. You should not be subject to the quota.

Green Card through Citizen brother

Question details

My brother got US Citizenship this month. I would like to apply Green Card using my brother's citizenship.Is it possible ? How long it will take . Now I am holding H1B.

This is usually not a feasible option. To see how long it would take, look at the Visa Bulletin: 

http://www.immigration.com/newsletter/vbarchive.html

You will note that it will take more than a decade to get a green card through family-based category 4. You are not permitted to stay in the USA just because this application is pending.

Changing Careers after the GC

Question details

Q1. Can a legal permanent resident(LPR) change career after say one year from his AOS approval to an entirely different field from the one for which his labor and his AOS was approved? Will this raise any red flags at the time of citizenship?

Q2. In other words, after receiving green card on the basis of say job in computer industry, when can one change his/her profession to an entirely different field (let say opening up a restaurant or go into real estate on full time basis) without jeopardizing the citizenship? Would waiting for one year(or some other amount of time?) after AOS approval be good enough to satisfy the "intent to work for in the field noted in labor application on a permanent basis"?

Q3. Is the person after receiving green card on the basis of employment in certain field stuck in that field for ever?

Q4. What are you thoughts in general about this scenario and how should one go about it?

 A1. I see no problem with this nor do I see any red flags.

A2. Sure. Why not. Permanent does not mean forever.

A3. Not at all.

A4. Nothing else I can think of.

Using B visa with F-1

Question details

I have a tourist visa to the US which expires in 2009. However, back in 2004, i was able to obtain a F-1 visa for MBA studies. It expired in 2006 and my stay was extended through practical training. I have all necessary documents supporting that. My question is, will I still be able to use my tourist visa until the March 2009 expiration?

My assumption is that you are still on F-1 and in USA. If this is correct, you cannot use your B visa within USA.

While in USA, your stay and status is controlled exclusively by your I-94.

You can, however, try to reenter USA on B visa but after having stayed here for so long, a reentry is likely to be denied.

If, you are outside USA and have been out for a while (like a year or more), I think you can still use that B visa and try to enter USA.

Multiple Labor Certifications

Question details

I have consulted the local lawyers here but they have failed to answer this question with conviction. Can two Labor applications be filed for me by two companies (current and future employers) at the same time ?

In my opinion, most definitely, yes. As long as both companies are acting in good faith (honestly) and you have the intention to take whichever green card happens to be more convenient or quicker for you, you can file 2 or more labor certs (PERM) through different employers.

Multiple H-1 approvals

I am on H4 in the USA , I have applied two H1B's through two different employers (Company-A and Company-B) on Apr 1st , 2008 and both have got approved which will be effective from Oct1st , 2008.
I have the following questions

Qo1. Now I have two new I-94's through two different employers ( Company-A and Compnay-B ) plus I have my own H4 I-94 with me. Do I need to return all three I-94's if I leave the US
Ans1. Yes. I usually recommend that all I-94’s be surrendered.

My Interview Experience - Garden City, NY

I arrived at the Garden City DO at approximately 10:15 this morning. My interview was scheduled for 11:25, so I decided to try my luck and see if the security guards would allow me to get in early. They politely told me to come back at 11:00, so I dropped my fiancee off at Bloomingdale's at the Roosevelt Field Mall and drove back to the parking lot at 711 Stewart Avenue. I should mention that there is plenty of free parking available, so don't worry about where you can leave your vehicle.

Citizenship and Naturalization

How to get back to H-1 status?

We got an approval for a L1 to H1 with an I-94 effective Oct 1, 2008. But the candidate got an admission for a one year full time MBA program which he wants to pursue and join us in August 2009. His MBA program is starting in September 2008. So, he will be applying for his F1 status soon.

Qo1. What choices do we have to keep the H1 approval valid so that he can join us in August 2009 ?

Can Employer Withdraw My Green card Application?

Question details

I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity.
My employer is threatening to withdraw GC files processing unless I work with them till I get my GC.

Qo1. Is that possible for them to withdraw like that?

Qo2. Does that affect my GC process in negative way?

Qo3. What I have to do in case they withdraw?

Qo4. Is it possible to re-start the whole GC process again in case?

Qo5. By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?

Qo6. How do we know whether they have withdrawn GC process or not?

Ans1. They can withdraw the 140. That is their petition, but they cannot withdraw the I-485. That is your petition. If they withdraw the I-140 you can still take recourse to AC21 and not suffer any negative consequences.

Ans2. If you are covered by AC21, you should be fine.

Ans3. File AC21 letter as soon as possible.

Ans4. Sure .

Ans5. See this link: http://www.immigrationportal.com/blog.php?b=25