Brother with medical issues
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.
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
USCIS recently updated the following form(s):
Form G-884, Request for the Return of Original Documents
11/09/2023 03:22 PM EST
Edition Date: 11/09/23. Starting Jan. 29, 2024, USCIS will only accept the 11/09/23 edition. Until then, you can also use the 12/02/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer
This is regarding the H-1B transfer from India before working for Employer.
I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.
Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?
Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.
If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?
Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.
Number 85
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during January for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Release Date
U.S. Citizenship and Immigration Services will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed for a pending Form I-140, Immigrant Petition for Alien Workers, from the service centers to appropriate USCIS lockboxes on Dec. 15.
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024.
USCIS will send non-selection notices to registrants through their online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that USCIS did not select for the FY 2024 H-1B numerical allocations will show:
Processing Queue | Priority Date |
---|---|
Analyst Review | December 2022 |
Audit Review | August 2022 |
Reconsideration Request to the CO | February 2023 |
FAQ: Converting from B visa to any other status such as H-1B, etc.
Question 1
1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?
2. Is it legal for employee to pay the cost of h1b premium transfer?
Question 2
My question is related to H1B stamping.
I have a stamped visa till April 2024 from my previous company.
I have a new I-797 from my current company.
Do I still have to go for Visa Stamping if I visit India in December 2023.
Answer 1: Employees cannot legally pay for green card expenses, H-1B fees, or premium processing associated with PERM. For the green card process, the employer must cover all costs. In the case of the I-140 stage, the employer should pay, especially if the employee is on H-1B. However, for the I-485 stage, the employee can pay.
Regarding H-1B, the employer should generally cover all expenses, except for premium processing. If premium processing is for the employee's benefit and the employer opts not to pay, the employee can choose to cover the cost. If premium processing is for the employer's convenience, the employer must pay.
In summary:
Green Card (PERM): Employer must pay; employee cannot.
I-140 stage: Employer should pay, especially for H-1B holders.
I-485 stage: Employee can pay.
H-1B expenses: Employer should pay, except for premium processing.
Premium processing: Employee can pay if for their benefit; otherwise, employer must pay.
Answer 2: Additionally, an employee with an old H-1B stamp from a previous employer can use it for a different employer. There's no need for new visa stamping if there's a new approval notice. Traveling on the old stamp with the new approval is permissible.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the F and M student nonimmigrant classifications, including the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.
I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?
I strongly recommend against attempting to convert B-1 status to H-1B without approval. Additionally, changing employers without visa stamping may pose challenges according to government guidelines. However, we have a successful track record of handling such cases in practice. Always consult a lawyer.
I have a valid B-1 visa and have traveled to the US recently in April 2023. Now my H1B petition has been approved, and I am eligible for Dropbox. My employer is telling me that if my case does not get approved in Dropbox, he is asking me to travel on B1 and then get the status converted to H1B. In my I-129, it was mentioned as a change of status, as my I-94 was valid when my H1B was approved. I wanted to know if there will be any issues with coming to the US on B1 and changing the status if they call me for an interview in Dropbox. Also, I want to know if it is possible to switch employers with an approved H1B petition before getting my visa stamped. If I change the employer, will it have any issues?
I strongly recommend against attempting to convert B-1 status to H-1B without approval. Additionally, changing employers without visa stamping may pose challenges according to government guidelines. However, we have a successful track record of handling such cases in practice. Always consult a lawyer.
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I have known about Rajivji since last 25 years when his team had helped me with h1 and green card of mine and lots of my friends and relatives too. We were very happy and impressed then and I had always recommended his name when I came across any immigration help that others I knew had needed. I have been working for a start up as an HR for past few years and the employer needed help with filing H1 for one of his very crucial employee. The employer decided to hire a local attorney in CA and unfortunately, the H1 filed by them got denied. I then recommended Mr. Rajiv Khanna and his team as I knew only he could get the H1 approved for this employee. As expected, my employer and I both agreed Rajivji is the best immigration attorney we have ever dealt with.
Initially, the employer had hired an attorney who we felt that she did not do a thorough job of filing the employee's h1 and hence his visa got denied (the RFE response did not provide the details which were needed).
On my recommendation, my employer then decided to take Rajivji's help. Right from the first meeting, my employer, employee and I feel we have gotten an excellent service from the whole team. We are truly grateful for the detailed work that was done for the H1 which was approved once filed by the team - without any RFE. We thought the whole process was done with due diligence and very professionally - lot of efforts and time were put in and I could see all that in lot of back and forth that was done. The team made was always available to answer any questions (silly as well) and also was very punctual and prompt in doing so. The final file that was prepared was shared with us and we were very impressed with the contents and details of the file, how professionally it was put together. Rajivji would come on calls to ensure everything including even any grammatical mistakes etc. The overall experience we had was the BEST and we cannot be more grateful than this - I thank Rajivji and his team from the bottom of my heart for helping us out and for navigating us through in such crisis mode. We went back for the h1 extension recently and yes that got done smoothly too, it has been absolute pleasure to work with them, to be honest, I actually miss working with them, I even commented in my last meeting with them, that I hope my employer hires many more employees on H1 and that I get a chance to work with the team again and again, and I mean that.
We plan to go back to them for the GC soon because we know, there is no other better team than this, and we are very grateful to have known of them - Thank you Rajivji and the team - Looking forward to working with you soon!