Guestbook Entry for Mita, United States
Name
Mita
Country
United States
State
Missouri
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Can I change my status from B-1/B-2 to H-1B, L-1, F-1?
Question details
I have worked in the U.S. under L-1\H-1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H-1B I-797 petition is approved. I have a previous employer's H-1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved I-140 (EB2) from my previous employer.
My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B-1/B-2 Visa and approved I-797 and later change status to H-1B and join the job? If yes, would it impact the GC process in future?
FAQ Transcript
I would strongly recommend against it. I think you would do a lot better trying to get an H-1B Visa stamping in a third country. People are going to places like Singapore, Hong Kong and Maldives. Look around India and you might be able to make an appointment.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Parents staying in or traveling to the U.S. while their green card petition is pending
Question details
Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.
Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
FAQ Transcript
I have known many immediate relatives of the U.S citizens and they have never had a problem. However, theoretically the problem exists. It would be right to do an immigration pre-clearance somewhere close to home.
Regarding your query on medical emergencies, you could tell them that your parents took the medical treatment. As long as there was no government funding I do not see any problem.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I have worked with Mr. Khanna' Law Firm for over 12 years now, in many ways, either through having my questions answered (when I was still a student), to getting my work visa done, or most recently, for visitor' visa inquiries / clarifications. Mr. Khanna and his team, have ALWAYS provided me with their valuable time and advice very graciously. Their 15 minutes of a conference call time to answer / address a question / issue, mean a lot to people who are on the receiving end. While there are many Lawyers / Attorneys who provide such services to their communities, I hardly know of ANY Law Firm who do so regularly, have done so for many, many years, and will continue to provide such services even in the future, including to those who are NOT their clients. There could be many instances when an individual is not able to pay the consultation fees. If it is not an abuse of his time and a genuine, sincere request has been made, Mr. Khanna and team WILL work out a way to provide those consultation services free of cost. Why so? Because, this is THEIR PASSION, ... to help people in the community. I personally admire this gesture and professionalism.
Very recently, I had specific and some general questions regarding B-2 visa RFE's for my Mother, who has been here under medical and humanitarian grounds, for quite a few years . This being the 2nd RFE that I have received, put me into some worries, questioning the Agency' motives as to why such RFE' after so long when all the required documents were handed to USCIS each time the application/petition was sent for a renewal. Clearly the Agency wants to get a clear picture about my Mother' health condition, and the costs associated with that and who is paying for her support so that she doesn't become a public burden. Her health condition doesn't allow for her to travel and the notion of her separation from me, due of the care that I give to her, makes her physical condition worse. Not to mention, that the most recent economic downturn has put me into some dire situations, conditions to provide for medical support. She did receive state' help for her medical expenses recently. I'm worried for this situation, which I wasn't earlier. It was for this reason, I contacted Mr. Khanna, and he provided me with his valuable answers, the best approach to answer such RFE, and what to do next.
I CANNOT thank Mr. Khanna and his whole team much. It was so nice to have talked with Rena W. after many years, and to know that some of the team members, like Ana B. with whom I had worked earlier, are still there, providing their excellent services.
I was first referred to Mr. Khanna by one of my friends, who also got his work visa and permanent residency done through Mr. Khanna. I can certainly refer anyone, to Mr. Khanna' Immigration Offices, to receive excellent and prompt services, anytime, without any hesitation.
Thank you for all that you do, for the community and its people. My very best wishes.