Can a J-2 dependent (Canadian citizen) change to other working visa or have to change to H-4 when J-1 gets waiver and moves to H-1. Basically any hope for a spouse on J-2 to get work authorization (TN/H-1/investor visa) before the 3 year waiver is complete?
Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver.
1) I recently submitted a PERM with company A which is wholly owned by a parent company B. Company B will soon absorb company A which will cease to exist as an independent company and will just become a new department within company B. How will my PERM be affected?
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2) If my PERM is audited and I don't want to go through the audit, will it be a good idea to change employers and submit a new PERM from scratch? What are the odds of being selected for an audit twice in a row?
It IS possible for your green card to remain unaffected even after the corporate change over.
U.S. Department of Labor, ETA-Office of Foreign Labor Certification Announcement:
USCIS issued a new policy (PA-2014-009) clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act (INA) to include gestational mothers using assisted reproductive technology regardless of whether they are the genetic mothers.
A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. For more details please see Matter of Ezra Kibichii BETT (Cite as 26 I&N Dec. 437 (BIA 2014) ) - Interim Decision #3818.
Can I just take over an existing business with the required investment and continue?
That depends upon how old the business is and how you wish to structure your ownership.
Last year my tourist visa was denied because the officer thought I may not come back. Now I am going for student visa. What effect will the tourist denial have on my student visa application?
When the tourist visa denial is based upon a possible intent to immigrate (also known as INA Section 214(b) denial), it CAN be a problem for student visa.
Couple of months back I received Employment Based Green Card (H1b to GC) and my dependents received Green Card too (H4 to GC). I had the intention to work for the Employer who sponsored me for the Green Card forever during applying for the Green Card and during the Green Card Interview too. However after working for couple of months for the employer now I am feeling that I should be changing the Employer to a different one near to my home due to the following compelling reasons: I am a Heart Patient and facing Health Issues due to the Travel (4 hours flight travel) that I am making every week to work in the Employer's Client Location for work.
And if I continue to perform my job this way I will affect my health. All the efforts I made to request a work near home did not materialize.
I am planning to search for a new job near my home and if I get it I am planning to put in a Resignation to the present Employer stating the facts about my Health Problems and join the new one.
My Question:
1. Will I face any issues now or in near future during I submit my Citizenship Application due to my employer change just after 2 months of getting the Green Card? If so what are the steps I should take to avoid it?
2. I am planning to save my Payslips / W2 of the Present Green Card Employer and my Heart Health records. Is there a Minimum duration that USCIS expects a Green Card Holder to work for the Green Card Employer?
Video Transcript:
1. No.
2. Duration is not reliable.
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.
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