USCIS recently updated the lockbox filing location information for th
I am on an L-1 visa, and I am working in the U.S.. My wife is outside the U.S. Her L-2 visa has expired. We want to get an appointment somewhere to get visa stamping together. I cannot travel without an appointment, or else I will be stuck and will not return to the U.S. without visa stamping. The embassy has not opened for more than a year now, and she is stuck, so how can we get appointments? Can this be an emergency appointment case?
We do not have enough information about your case, but generically, it appears that your wife may have the option to go through the dropbox process. Please look into that. Also, emergency appointments are just that: reserved for an emergency. Most consulates are not likely to entertain such a request unless there is a real emergency.
Note: Where transcribed from audio/video, 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 have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?
Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization.
Note: Where transcribed from audio/video, 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.
We are the parents of a minor (5 months) old U.S.Citizen daughter who is currently in India. We need to take our daughter to the U.S. for her 6-month vaccination doses. My H-1B visa and my spouse's H-4 visa need to be renewed, but unfortunately, there are no dropbox appointments available in any city. Is there a way an exemption can be made for our travel? I am a civil engineer who has built commercial facilities and will be building more commercial facilities in California, USA.
You can try seeking an emergency visa appointment based on medical reasons applicable to your daughter.
Note: Where transcribed from audio/video, 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 presently in the U.S. and will be visiting India to get my H-1B Visa stamped. As there are travel restrictions for passengers from India to the US, will I be allowed to enter the U.S. on an H-1B visa? Presently I am staying in the U.S. on OPT.
Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.
Note: Where transcribed from audio/video, 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.
We are currently in India, and one of my daughters is a U.S. citizen by birth. However, our H-1B visa expired a few years ago. So now we do not have any valid U.S. visas. Can we travel to the U.S. now based on my daughter's U.S. passport? Please advise as we heard many such parents are traveling like this, Are there any options for us?
You cannot reenter the USA without a visa. Having a US citizen child exempts you from the travel ban, but not from the visa requirements.
Note: Where transcribed from audio/video, 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 recently transferred from the U.S. to the UAE office since I was not selected in the H-1B lottery in March. I was then selected in the second lottery and my company has started the H-1B process. Can I do short-term 1-2 week visits on H-1B every few months instead of B-1? Do I need to be employed to enter the U.S. using H-1b?
While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.
Note: Where transcribed from audio/video, 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 on F1 OPT and in the U.S. My OPT started in Jan 2021. My wife is in India and just got her F-2 visa. We both are Indian and haven't been able to meet. Would you please tell us if she can travel to the U.S.? Most places say that the program needs to start on or after August 1st, but I am very confused, given that my OPT began in January.
OPT is considered an ongoing program. She can travel now, subject only to the Covid-19 related health directives.
Note: Where transcribed from audio/video, 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 on my OPT period (June 1st, 2021 - May 31st, 2022) and am working for a company in the USA. I plan to travel to India for my sister's wedding from December 18th, 2021, to December 28th, 2021. The following are my questions for travel in these COVID situations:
1. I wanted to know the details for entering the USA. What documents should I have while entering the USA?
2. Does the USA allow OPT holders to enter?
A1: You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.
Note: Where transcribed from audio/video, 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 a Slovenian citizen, and I plan to do a 3-month student internship in the USA in December. I have everything arranged with my employer. The only question I have is, can I travel from the Schengen area on my J-1 visa? And if not, how can I come to the USA for my internship?
J-1 exchange visitors will be able to travel only if the visa is approved and they qualify for a national interest exception (NIE).
Note: Where transcribed from audio/video, 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 both U.K. citizens and don't have any visas apart from just an ESTA; they are in the U.K. However, my wife is American, and I am now a U.S. citizen, and we both live in the U.S. permanently. We just had a baby a few days ago, and we want my parents to travel from the U.K. to the U.S. to help with the baby. Is this possible for them to travel on the ESTA they have? If not, can we apply for a different visa, so they can come to the U.S.?
It appears they will be able to travel only if they travel to and stay for two weeks in a third country from which travel to the USA is allowed.
Note: Where transcribed from audio/video, 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.
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?
The first consequence is coming too frequently. So, then stay away for one year. The second is you have to keep daisy-chaining your extensions. Three if you leave without an extension result, it's okay as long as you're leaving within the time that you asked for and lastly, if the extension is denied you may have to apply for a new tourist visa. More...
Note: Where transcribed from audio/video, 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 spouse has her green card from 2014 and she has been travelling regularly to India to take care of her ailing Father.
She had been coming back to USA within Less than 6 months and staying in the US for a few months
and travelling back again. This has has been going on for the past 6 years. In between she got a reentry permit for 2 years which has expired.
recently she travelled back to the US after 8 months and had a tough time with the immigration officer who questioned regarding the
extended stay in india and finally she was allowed in with the regular stamp in the passport. No comments/special notes were made in the passport.She has now applied for a new re entry permit and waiting for its approval.
she co owns the house and a partner in the LLC and has been filing US resident taxes and I have
been working and staying in the US during the entire period .
1) Based on the above details is it safe for her to travel once her re entry permit is approved?
2) Should she wait for a specific period of time before she can travel ?
3) Would carrying a copy of the House title,LLC partnership details and copy of the Tax filing help
in case she is questioned at the Port of entry.
In a situation like this you should really talk to a lawyer. The key indicators of a situation like this are does she permanently live in the United States. Doing it repeatedly year after year for six years that does not bode well, but with special circumstances, you could make an argument that she never intended to abandon her permanent residence. More...
Note: Where transcribed from audio/video, 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.
Release Date
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:
USCIS reminds employers of Commonwealth of the Northern Mariana Islands (CNMI) Transitional Workers (CW-1) that, if you have a currently-approved CW-1 petition with a validity period of six months or more, you must file Form I-129CWR, Semiannual Report for CW-1 Employers, with USCIS every six months after the petition validity start date.
Thank you Mr Khanna for providing such a spectacular service in assisiting and making me understand in detail about the issues related to F1 and GC process. Thank you.God bless!!
I had scheduled Citizenship interview at 8:10 A.M. today, i went in around 7:20 A.M. and there were around 10 people before me. I had to wait for 10 mins and my name was called by the IO. The IO took me to his office and told me to raise my right hand and asked me that i am telling all but truth.
I travelled from Colorado Springs and it takes about an hour and 15 minutes to reach the Denver USCIS. I reached the USCIS office at 5:50am
WASHINGTON—Today the formal public comment period closes for U.S. Citizenship and Immigration Services’ (USCIS) Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives rule. The proposed rule, published in the Federal Register on April 2, 2012, proposes a new filing process for certain immediate relatives of U.S. Citizens (i.e.
Job requirement says BS in engineering + 5 years of exp. No alternatives mentioned in PERM.
Educational qualifications: Diploma + AMIE + M.Tech
Experience: 7 Years exp. post M.tech from previous employer and 5 years from current employer. Does this can be classified under EB-2 for the above job requirement keeping AMIE degree in view? Would it be any issue during I140 regarding the education?
The AMIE is iffy. In fact I recall an AAO decision that said they will not recognize AMIE, but then a more recent decision was a bit more wishy-washy. Anyhow, I think an EB2 must be tried. The MTech will help.
I work under the EC (Employer-Client) model. I went for visa stamping at Hyderabad, India and my case was put under 221(g) administrative processing. On April 18th, I got an e-mail from Consulate stating that based on the information provided during visa interview my nonimmigrant visa case has been refused and the petition has been returned to USCIS for re-evaluation. The consulate would wait for the judgment from USCIS on weather or not the petition should be reaffirmed. Is there anything I could do to ensure that my case gets reaffirmed and expedite the process from USCIS?
You will need to wait (or start another H-1). The employer will receive from USCIS an intent to revoke. They will then have 30 days to respond. Based upon the response, USCIS will affirm or revoke. This process can easily take 3-6 months.
My mom had applied for my green card in March 2001 and the date became current in Nov 2008 which is when I received a letter asking me to confirm the address and to pay the fee of 400$. But unfortunately I got married in Dec 2008 thus didn’t pay that amount as I wont be eligible to do so. I am in USA right now on E3 visa and my dad has become a citizen, not my mom. My question to you is can I adjust the status to a green card or will I have to wait for my mom to become a citizen.
As far as I know, there is no way to transfer the priority date over from your mom's to your dad's petition. He can, of course, start another case for you.
I am a US citizen and I filed I-130 & I-485 for my mother to gain her permanent resident. She's in the United States as well as my little sister who is under 18. Would my little sister get her status upgrade as well because of her age? Or do I have to file separately for her?
You will have to file separately. Your mother can also file once she gets her green card. But note that your sister will not have any status in USA during the multiple years her green card application would be pending.
I was very lucky to have Rajiv Khanna's team file my application because the person who worked with me was very patient, very detailed, very sensitive to my concerns. Moreover, she provided me with upto date information on my processing and made every effort to dispatch any material to the INS as soon as possible. I would happily recommend her to anyone.