H-1 After Marriage to a U.S. Immigrant
After getting married to a green card holder & applying for a spouse visa is it possible to apply for H-1 visa?
Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.
After getting married to a green card holder & applying for a spouse visa is it possible to apply for H-1 visa?
Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.
I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.
You must be married to the F-1 holder in order to be eligible for F-2 status. Fiances do not qualify for derivative status.
Is it really required that we post a notice of filing of LCA at the end-client location? Can’t we just post at our offices?
Posting at the employer’s offices is not sufficient if the beneficiary is working off-site. It is required by regulations that the notices are posted in two conspicuous places at the actual location where the work is to be performed.
How can I file an H-1B petition if I have less than six months before my passport will expire?
We are filing an H-1B petition for a three-year period for a potential employee. However, they will be assigned to work at a client site and the contract we have with this client is not for the full three-year period. Will the petition be denied on this basis? We would still want this individual to work for us for the full three years.
If you do not initially provide sufficient evidence of an employer-employee relationship and the availability of sufficient specialty-level work for the duration of the requested validity period, you may be given an opportunity to correct the deficiency through response to a Request for Evidence (RFE). Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period, as long as all other requirements are met. However, USCIS will limit a petition’s validity to the time pe
After an onsite inspection of our facility was conducted, we received a “Notice of Intent to Deny” for our R-1 petition. Is this an actual denial of the petition, or is there any other action that we can take to try to still have the petition approved?
If an onsite inspection yields derogatory information not known to the petitioner, USCIS will issue a “Notice of Intent to Deny” the petition. The petitioner may submit additional documentation to rebut the derogatory evidence. If the petition is then denied, the denial may be appealed to the USCIS Administrative Appeals Office.
I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?
The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.
I am currently in R-1 status. This is my first 30-month extension. Is it true that I will not be able to get another extension when this R-1 extension expires?
An alien who has spent five years in the United States in R-1 status may not be readmitted to or receive an extension of stay in the United States under the R visa classification, unless the alien has resided abroad and has been physically present outside the United States for the immediate prior year. However, if you were outside
When using the new visa appointment site, what should my client list in the mandatory field that asks for the "Request Number"?
When a visa applicant sets up a user account in the appointment system, an 8-digit identifying number is assigned to the applicant. When logged into the appointment system, this "Request Number" appears in white against a red background in the upper right hand corner of the screen in parentheses after the applicant's e-mail address:
What is USCIS’s policy on using evaluations of foreign degrees for Green Card purposes?
USCIS has verified that the education evaluation system that it regularly uses to evaluate the equivalency of foreign degrees to a US degree is the AACRAO EDGE database (edge.aacrao.org/). While alternate education evaluations can be submitted to USCIS, they must be documented with evidence as to why the alternate evaluation should be considered instead of the EDGE evaluation.
An applicant whose Form I-131 is filed and currently pending at a USCIS Service Center may go to a local office to apply for an expedited Advance Parole in case of an emergency. Have there been any changes to the process in which the applicant presents a copy of the receipts for the I-131 (and the underlying applications), documentation proving the emergency, filing fee, and two photos?
There has been no change to this policy. USCIS requires documentary evidence of the emergent situation, as well as supporting documentation indicating that the applicant has a pending application.
If a Legal Permanent Resident (LPR) needs proof of LPR status, USCIS provides an ADIT stamp in the passport.This is not done often because the card is usually manufactured and delivered very quickly for newly approved applicants. However, for those in removal proceedings, the ADIT stamp is still needed.For those without passports and for those with expired passports, in the past, USCIS issued the ADIT stamp and a seal on an I-94 card to which a photo of the LPR was attached. Has there been a change to this process?Can an attorney with a G-28 attend with an INFOPASS on behalf of the client for ADIT stamp issuance? Is there any requirement for the client to be physically present?Does it make a difference if the LPR has been ordered by an Immigration Judge to be removed but an Appeal to the Board of Immigration Appeals (BIA) is still pending? (The person is still an LPR until the BIA decision).
There have been no changes to this policy. USCIS does not issue ADIT stamps routinely as the applicant should be receiving I-551s within several weeks.
What is the USCIS approach to an application for Naturalization that shows that the applicant has continually resided in the U.S. for several years in addition to the statutory period, but might have had a prior extended absence after becoming an LPR?
These applications are decided on a case-by-case basis.
How does USICS handle a situation when, during a marriage-based adjustment application, it transpires that there might have been an eligibility issue with the Naturalization application of the U.S. Citizen (USC) spouse petitioner? For example, it is discovered that divorce proceedings had been initiated after the naturalization application was filed,but prior to the interview and the divorce was finalized soon after the oath, and eligibility being based on three years of residence in marital union with USC. What factual issues arise and what is the standard for proceeding with an action for denaturalization?
If USCIS determines that an applicant for naturalization was not eligible to naturalize, the evidence is obtained and submitted to Immigration and Custom Enforcement (ICE) counsel for determination of denaturalization.
If there is a knowing misrepresentation in a naturalization application, as opposed to a simple failure to disclose, would this lead to removal proceedings in addition to denaturalization?
It might. If Immigration and Custom Enforcement (ICE) counsel proceeds with denaturalization and is successful, removal proceedings may be instituted.
With regard to any removal risk, how would USCIS view a voluntary recanting of an intentional misrepresentation in a naturalization application? For example, what if the beneficiary brings the issue to USCIS’s attention and formally withdraws the misrepresentation, thereby subjecting him/herself to denaturalization?
USCIS would submit the case to Immigration and Custom Enforcement (ICE) counsel for determination.
I am in the US in F-1 status. I just received a job offer and the company is ready to sponsor my H-1B. When can we apply for my H-1B visa?
If the employer is exempt from the quota, they may apply at any time. If they are subject to the quota, they can file the H-1B petition to reach USCIS no earlier than April 1, 2013, with a requested start date of employment no earlier than October 1, 2013.
I am in the US in another status. Can I travel outside the US while my H-1B petition is pending?
While it is possible to travel out of the US while the petition is pending, there are significant complications that may arise. You should consult with your lawyers before doing so.
My current R-1 visa is valid for only 30 months. Will I be able to renew this visa?
An extension of an R-1 status may be granted for up to an additional 30 months. The total stay in the United States in an R-1 status cannot exceed 60 months (5 years).
I have completed all of my studies in college for my Bachelor’s Degree but have not received my diploma from the university. How can I show my prospective employer that I have the education necessary for him to sponsor me for an H-1 position?
You must submit evidence of the beneficiary’s educational degree at the time of filing. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted: (1) A copy of the beneficiary’s final transcript; or (2) A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).
Rather than requiring that the full survey methodology be submitted with every prevailing wage request, can DOL recognize that certain surveys (i.e., Towers Watson, Radford, CHIPS One) employ a statistically valid methodology, and only require documentation that supports the specific wage request, such as the wage, level, location, and job description for the requested job opportunity?
Methodology can change within a survey among different occupations, so it is necessary for DOL to receive full survey methodology with each prevailing wage request, even for a commonly used alternate wage survey.
I want to obtain a position in the U.S. as a religious worker. Can I file for an R-1 visa for myself?
Every petition for a nonimmigrant religious worker (R-1) classification must be initiated by a prospective or existing employer.
My H-1B approval notice is valid for four more months. When can I begin the process to extend my H-1?
A petition to extend your H-1B can be submitted for receipt by USCIS no sooner than six months prior to the expiration of your current H-1B, so you could begin the process at any time now.
I have an O-1 visa. Can I apply for a Green Card?
You may be able to apply for a Green Card if you meet the requirements of EB-1 (Aliens with Extraordinary Ability) based upon a job offer, or if a family-based possibility exists.
My project is going to end soon and my employer does not know if he will have another client with a project for me. How long do I have to find a new employer before I am out of status? What should I do if my current employer withdraws my H-1B?
There is no grace period when you are laid off. You will be out of status from the date your current employment ends. It is advisable to apply for a change of status to, for example, B1/B2, F-1, or H-4.