This Visa Bulletin is for February 2010.
I am supposed to apply for my business visa today for USA. I am traveling for pure business, meeting my existing suppliers and doing further business development and also inspect a loading on existing contract. I will be providing relevant business details on my visa form. The small query that i have is, that my real sister is based in usa, and her husband holds a green card.the visa form asks for mentioning of any blood relation/relative settled in usa, so would mentioning their details on my visa form create some kind of hindrance in my getting the business visa?
We have no choice. You have to tell the truth. I do not believe that by itself would be a problem.
I had my interview today.The officer asked me simple direct questions like my DOB,when I came to USA ,when I moved to this state..then on the trips section he said "what was your purpose of your visits, becuase I see trips for like 3 months "i said " i visited my husband and relatives"and thats it on this section,given that i made 6 trips out,the longest is for 5.5months after civics,he said I passed,but no decision was made because they need to review my physical residency. Is my case very bad? I am worried!total days spent out were 554(1.5yr)in my 5yr residency!how bad is that? do they take long time to respond?
I see no problem with the visits - they were all less than 6 months. I think it should be ok. It is difficult to estimate how long it will take.
I-485 pending and after 6 months (so AC21 portable). Laid off. H1-B revoked but I-140 not revoked. Since it was very hard to find a job in US, I found a job outside the US temporarily in Sept 2009 and stayed there till now. Can I still enter US on AP?
The way I see it, until and unless your AP or 485 is revoked, it is legal to use both.
My mother has valid 10 year tourist visa. However, on tourist visa, she can stay upto 6 months in US. I wanted to know that after 6 months, can she fly to Canada for a month to stay with her sister and then return to US after a month. What's the min time limit she has to be out of US in order to re-enter US?
I'm having a small child and would like her to stay with me as much as possible.
It is unlikely she will receive another six months after visiting Canada. The rule of thumb is that she must spend more time outside USA than inside.
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
I was really glad with Mr. Khanna's knowledge and experience in immigration matters. I had 15 mins appt. which I thought will not be enough but he was able to answer all my question as well as sent me an email that I needed. He was very good to talk to and put me at ease to discuss issue in detail without making me feel that he has to rush. I will definitely recommend him to anyone who has immigration questions. -Yogesh
I am turning 21 on July and I filed my I-485 on sep 2007, I wanted to know if there is a problem with me turning 21 while my I-485 is pending or if the child status protection act applies to me.
Speak with your lawyers. You will be protected to some extent by CSPA.
I have an L-2 dependent visa as a child and I am currently attending US College. However, I am turning 21 in December of 2010, does that mean I will no longer be eligible for an L-2 visa through my father's company? And do I have to change to F-1 status?
Correct. Once you are 21, you cannot be on L-2 status.
First of all I would like to thank Rajiv for this website. I am a new user but I've read some answers and felt so easy already. I had a misdemeanor charge back in 2007, shoplifting (less than 500). I did community service 24 hours and was on probation, got early termination of probation in 2008. All records got cleared in the state of Colorado. I am thinking to apply for US citizenship but very nervious about it. Please advise. I have two daughters. My husband could apply first with kids and I could try after them. Please help me. Need your advice.
Thanks for your kind comments about our web site. You can apply, but USCIS can certainly make an issue about the misdemeanor. You may want to retain a local lawyer.
My girlfriend and I decided to get married. She is on a B1/B2 visa, we didn't know it is some kind of offense, how to deal with this? I don't want her to be deported. Where do we start?
For all people on B visa or illegal in USA who are marrying a US citizen, I strongly advise at least one consultation with a lawyer to make sure you will not run into trouble.
I just got married to an American Citizen, unfortunately I am in his country illegally. I want to know what process would we have to go through to get me a Green Card and make me a resident. I am also pregnant, will this affect anything at all?
For all people on B visa or illegal in USA who are marrying a US citizen, I strongly advise at least one consultation with a lawyer to make sure you will not run into trouble.
I have an L1B VISA and want to convert to H1B in order to shift from my current employer to a permanent employer in US. I am aware that quota for H1B is full for the year 2009 but need the H1B VISA by 2010 Feb for my new employer. Is it anyway possible to get this done before Feb 2010 although the quota is full?
Once the quota is full (as it is now) you can get an H-1 only for a job that is quota exempt (not just an employer that is quota-exempt)
For EB5 investment visa, can one of my relative living in USA gift me the $500K required to invest in a "targeted employment area"
I do not see why not. But check with a CPA about gift tax.
My husband is a US citizen and was assigned in kuwait,, so we decided to stay in the philippines while his working there for 1yr. Im only a greencard holder and we are in philippines right now for 2 months and planning to go back states to apply re entry visa. My question is is it possible to apply re entry visa in states and come back in the philippines while its on process or i have to wait till i get the visa? Do you think they will approve my request?
Reentry permits are granted where there is a genuine need for you to be outside USA for a limited period of time and you have no intention of abandoning your permanent residence. Since this is an important and complex issue, you should consult a lawyer. Once you have done the biometrics for the reentry permit, you can leave while the application is in process. But keep in mind the risk of a denial if you have left. So, do speak with a lawyer.
Can I petition my brother to come here who has a serious medical issue and needs my help?
Green cards for brothers take approximately 10 years to come through. But for medical treatment, a B-1 visa can be applied.
I am a college freshman student on an F-1 visa and am thinking about applying for green card, as I have also completed 2 years of HS in the US. Any idea how long the green card process may take and should I apply already for green card now in order to possibly get it by the time I graduate college?
The time frame for employment based green cards depends upon two things: your country of chargeability (usually the country you were born in) and the category of green card through which you apply: EB1, EB2, EB3.
I'm on F1 and got pregnant. Can I take a break for sometime and get back to studies? My husband is a GC holder..well we got married after he got GC. Now can he apply for a family based GC for me, I kind of know that it takes atleast 4 yrs for me to get GC...but just wanted to make sure that he can apply while I am on F1
For various reasons, I usually see no point in applying for a green card through a permanent resident spouse while you are on an F-1. About taking a break, the F status requires you to attend school full time unless there is a medical necessity. You need to discuss that with your international students advisor.
I have a pen pal that is a citizen of Honduras. He would like to come to the US to visit me and our beautiful country. My question is this: if he obtains a 6 months B-2 visitors visa, then maybe half way through, he thinks he would like to move to the US and work here, could he apply for a green card during his 6 month stay. He has no family here in the US, just me, his friend.
That does not sound possible. Green cards to USA are granted based upon very limited basis. But, you should have your friend speak with a lawyer to see what options may exist.
I came to US by b1/b2 visa, now I want to change it to f2. My wife (we got married 4 months ago, when i came to the states) is studying here. We have a baby whom was born here 3 months ago. Now I can't go back to my mother land to get a visa, because my wife doesn't have a visa but just valid I-20 form. Do you think I should apply for a status change here or should we go to Canada to get visas? What is more safe for us?
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Here is a question from our clients-only extranet.
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
I have received e-mails from folks about my 2009 articles on immigration law compliance and end-client letter issues in H-1B cases published by American Law Institute - American Bar Association. Here is the link:
http://www.immigration.com/articles-rajiv-s-khanna
Got GC problems?? Talk to Rajiv Khanna. That's exactly what I can say to all of those who are facing trouble in thier GC filing In 2006 I got my labor approved. I filed for I-140 in Nov-2006. And then 485 in Aug 2007. On 2009 Jan 6th I had received an Email from USCIS that my I-140 had been denied. There was no MTR given in my case and USCIS made a point that my consulting company got my labor in fraudulent manner and my I-40 can't be approved. My consulting company lawyer said there is nothing anyone can do in my case. So I contacted Rajiv Khanna. He took my case as if he is fighting for own. And he assured me that USCIS is wrong is denying my case. He himself prepared all the paperwork and involved me in all conference calls. I could listen very carefully on how he dicatated the case to his team and his team polished the necessary items further before filing the case. Rajiv Khanna and his team takes every case personally. They are the best. On 2010 Jan 2nd I received another mail from USCIS. Said my I-140 case has been approved. I never would have thought that I can start New Year like that. My kudos to Rajiv Khanna and his team (Mathew, Sheena) who always responded to my email regarding all case related queries and provided help in best possible way. Please do not hesitate to send me an email if you like to any other questions. But I would suggest and say it again. Rajiv Khanna is the Man you want to talk to for all your GC issues. Thank you Rajeev. I truly appreciate the way you worked on my case.