H-4 and EAD
My wife has H-4 plus EAD. If my job details changes, will my wife's EAD will be affected?
As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD.
My wife has H-4 plus EAD. If my job details changes, will my wife's EAD will be affected?
As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD.
Using an existing approved I-140, can a H-1B be renewed any number of times, with new/multiple different employers, even without restarting any paperwork for GC with the new employer?
Yes, as long as the I-140 is not revoked.
I am on OPT F-1 Status after my second degree. I need to know what other parts of US outland I can visit besides Hawaii without having any immigration problems?
Normally, travel to "contiguous territories" (like Canada and Mexico) does not require a visa when the trip is less than 30 days AND you do not happen to be a national of one of the eight countries that US govt. looks upon with some suspicion. But there can be immigration problems. Trip to any one of the 50 states presents no special issue.
I was denied a visa this morning under 214(b) in Kuwait. I have been working in Kuwait for a year (I am an expatriate), and have an offer of employment upon return from my studies. I just received a letter to that effect (after the denial). This is my second denial. Would the letter be sufficient as additional evidence for reapplication? I also have a bank account containing about $3000 which I plan to keep for when I return (apart from my sponsor's account).
214(b) denial is based upon a suspicion that you have no intention of returning to your home country. This ground is almost impossible to overcome when you are an expatriate, but you can try. I hate to be the bearer of bad tidings, but I doubt this will work.
I have been here in US for last eight years. I finished both my undergrad and grad degrees and presently under AOS based on skilled worker. My parents had applied for visitor visas on my three graduations, gradation of my wife, but got denied everytime. They showed enough balance and my father is a contractor. Should I give up my hope?
Barring extraordinarily strong reasons or evidence to the contrary, it is very difficult to overcome denial of discretionary visas like B, F and J.
I have a friend whose an oversea worker and was assigned in Thailand,wants to visit me in San Francisco, CA. Is it possible for him to apply for a B-2 visa? What are the requirements? How much is the fee?
Sure. B-2 is for casual visits. I suggest starting with the consular web site.
It seems that to qualify for an L1-A Visa, one has to be employed overseas by the same employer for a year on a full time basis. How would you define "full time"? Does a work schedule of 4 days a week qualify?
Generally speaking, 35 hours each week can be argued to be full time.
I was just wondering what the laws say about an F-1 student working for the company that he co-founded when he's on OPT. Suppose that I start up a new business while I'm still a full time student, I can't draw a salary from it but I maintain ownership, in part or whole. When I'm done with school, and approved for my OPT, can I work at my company and draw a salary from it then?
As far as I know, theoretically, you could be working for yourself on OPT as long as your work is related to your area of study. I think I read that in one of the FAQ issued by USCIS. But you will not be able to continue doing that on H-1.
I have valid H1B stamp till 2010 sept from employer A. Just after coming into US, transferred to employer B. My transfer is approved and got the I797 approval notice, which is valid until Sep 2010. Now I am planning to go India. Can I re enter US using my previous employer's Visa stamp and the new I797 or do I need to get visa stamped again? Is it true that if the previous employer has cancelled the visa, it would be a problem and the visa has to be re-stamped. It would be great if this can be clarified?
An H-1 visa does NOT need to be stamped during its life even if you change employers. You can use the same visa to travel as long as you have never been out of status.
I am a Physical Therapist and My I 140is approved through an OP rehab clinic and they applied for my GC too. Now I am ending 2 yr contract with the above mentioned company and I would like to know what is the procedure to change the company by maintaining my GC process.
I cannot think of any reason the law would be different for PT's in this respect. You can only carry the priority date (if your I-1485 was not filed more than 180 days ago). You will have to refile the I-140 with the new employer. Read my blog.
I was wondering if the "Employ American Workers Act" applied to people who apply for the E-3 visa ? The act, from my understanding has restrictions on the H-1B and companies that have taken TARP funds.
As far as I recall, TARP focuses only on H-1 employees. See my blog article with links to the law: http://forums.immigration.com/blog.php?b=94
I have valid H1b visa till Sep , and right now I am in India ....can you please help me guide through possible ways of visa extension.
An extension can be had only if the employer can demonstrate that they have a definite job open for you. The rest is up to the lawyers and USCIS.
I was married 9 years ago and am now getting divorced. My wife’s green card was granted on the basis of my EB1 filing. To ensure that her GC remains valid, is there a period of time that we need to wait after the GC approval date before filing for divorce? If there’s no such requirement, is it okay to state that we separated over a year ago (prior to the GC approval) on the divorce papers?
First rule of all immigration filings is to state the truth. As to how they will view separation, I do not know if there is any specific law on this out there. My GUESS is, separation is NOT divorce. There can always be reconciliation. Hence, she should be permitted to keep her green card.
My Mom had green card several years ago and lost staus. Now I would like to sponsor her for lost Green card. Will there be a preference or does it help her get GC faster? She is planning on coming here on a visitor visa and then file for sponsoring her for GC.
I am assuming you are a US citizen. You will be applying for a new green card, not reinstatement. As to the issue of applying for a green card after she enters on a visitors visa with a pre-conceived intent to apply for green card; this CAN (not always) be problematic. USCIS can consider this to be an improper use of her B visa.
I might get laid off. My labor is pending and I will apply for B1/B2. In the mean time if my employer recruits me back again, will I be able to continue with my PERM and rest of the green card process? Do I have to start from the beginning?
There is no easy answer. It could be argued that the employer laid you off so the permanent job, which is the basis of the green card is gone. Hence, the process is fatally interrupted. Generally speaking, I think you should be able to continue.
I applied extension for my mother, reason being she had a fracture 6 weeks before and was advised bed rest for 4 weeks. So I applied for extension and received I-797C in the mail (paid $300). Since I had requested 3 months ext, I rescheduled her departure date (luckily I bought 1 yr ticket, thx to my agent) and she left before 3 mos. I did not receive anything in the mail till then.Now, 3 days ago I got a letter from USCIS VT stating it is denied/abandoned as they did not receive any evidence supporting the app, file I-290B before Aug 23rd which has filing fee of $585!!! ouch. What can I do?
Not much you can do at this point. Keep copies of all documents so you can show that the overstay was entirely inadvertent. You may also want to get a new visa stamp. If the consulate says a new stamp is not necessary, explain how she fell out of status. You can send this info to the consulate by email and see what they say.
Can an LPR(GREEN CARD HOLDER) apply for a two year re-entry permit from any state in the U S A?. What will be the time taken for biometric application. Will it vary from state to state?
You can apply from anywhere (the forms are processed centrally) and the times should be the same. It takes a few weeks for the biometric unless you can demonstrate some emergent reason.
I have a question regarding changing jobs multiple times after I-485 pending >180 days. Last year I quit from the company that submitted my 140 petition and joined another company. After that move I received RFE from USCIS then submitted AC21. I attended an interview this March and passed; I received a letter afterwards saying my case as "waiting for visa quota". In April I was laid off by the new employer but found another job with similar duties in June. I haven't notified USCIS about this for about 2 months now. Do I need to do that? Please help!
I see no restriction in law preventing multiple job changes. In most cases, I like to inform USCIS, but speak with your lawyers.
My mother entered US with a valid visa in June 5 and got 3 months stay (until Sep 5) as per I-94. Her visa has expired 2 months (Aug 5) after she entered in the US and now we're planning to file for I-94 extension but we're not sure if the visa should be valid (not-expired) for I-94 extension. Can someone please advice?
Once she is in USA, her stay is governed by the I-94, not the visa. There are other issues with extension (such as future problems in entering, etc.), but visa is not an issue.
This is regarding my husband. My Husband's GC is filed through Employer A. His LC & 140 got approved. We did not file 485. He recently got a good job opportunity and transfered his visa to Employer B. We have priority date of Nov 2007 in EB2. But Employer A may revoke the 140 as my husband is no longer an employee of company A. We do have the copy of approved 140 with us. Employer B is wiling to start his GC process this year. Can we port the old 140's priority date even though the original 140 is revoked? Will it be lost if approved 140 is revoked?
The old employer can withdraw I-140, but the applicant will still be able to retain the Priority Date. Please review the latest information on this topic: Priority Date Can Be Carried Forward Even if Old I-140 is Revoked (Unless Fraud or Misrepresentation) –July 7, 2012
Q1. How to Assist Family Members in Applying for B-2 (Visitors/Tourist) Visa?
Q2. In filling out Form I-134 form (Affidavit of Support), If you look at the question No.1. It says are your Citizen...., or permanent resident of US. It has no column says are you H1B etc. What should I do here. Should I leave this column or do something else please guide me.
A1. There are no fixed procedures for applying for a tourist visa. Generally, the applicant just goes to the U.S. consulate closest to their home and applies. Often a friend or a family member (who is in the U.S.) of the applicant may be required by the consulate to provide Form I-134, Affidavit of Support.
I am a US citizen. Can I sponsor my niece who is 8 years old and nephew who is 4?
It depends upon how we define the term "sponsor." If you mean can you apply for their green cards, the answer is no. If you mean can you provide an affidavit of support for them to visit or study in USA, the answer is yes.
My husband and I came over on E2, he was partners as a mortgage broker, due to economy the business did not make a good profit and attorneys have said that we will not get E2's renewed. So rather than keep throwing money away the business has closed its doors. We have approx $600k invested in the US in property. This is owned outright. I have been to college an got a diploma, with a 98.6GPA. Apparently this is of no consequence when it comes to staying in the US. Any advice of what else we can do. We need to act quickly. We are looking at losing over $200k to move back to UK. Due to economy.
You can apply for B visa to stay for a few more months. You cannot do business on that visa, but at least you will be able to sell when the time is better. Details are on my blog.
I was voluntary deported from USA for over staying my b2 visa for almost 3 years ! What do I need to do to apply for the b2 visa again ( i am going for a medical reason )
Chances of obtaining a B-2 visa are slim if you have overstayed that long earlier.
I have a GC since Oct 04, I got transferred out of my US branch to India office in Feb 07 and took a reenetry permit. I entered US with GC + reentry permit in May 09 and came back to India in Jun 09.
Do I still have a chance to file N-470 now under "Necessary to protect prop rights of an American firm engaged in Foreign Trade", now that it's been it hasn't been one year, since I last left US under GC category?
If you are absent from US from one year post GC, does it disqualify you forever for applying N-470? What if I go stay in the US for 1 year?
From what I recall (read the instructions on the Form) you could file N-470 only if you stayed in USA for one year without any international travel. I see no reason why you cannot do so now.