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.
Having plans to travel to India in last week of Sept 17 and with my visa stamp on passport expiring on 1st Sept 2017, need to go for visa interview & when I am filling my DS-160, came across the question : Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Considering the above situation, could you please help with what to answer Yes/No. If Yes, what comments to be written in the EXPLAIN BOX .
This is a very generic statement. Do not depend on this as the last word on the subject. Generally speaking, the following two or three rules should be kept in mind. First of all, if you are ever in doubt you are better off saying yes, I was out of status and yes, I was unlawfully present and let the consulate deal with that issue. If you are not in fact not out of status and you are not unlawfully present there is no issue, but if you were out of status or lawfully present and you don't reveal that it can be construed to be fraud or misrepresentation which then becomes a permanent bar from entering the United States. It is a very painful situation. If you tell the truth, no issue. More...
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I have a question on H1B stamping. I am currently working with employer A. I have visa stamping till Nov 2018 and it shows the name of my previous employer, employer B. I am planning to visit India in the coming month of November 2017. Should I go to visa stamping and get a new visa showing a new employer, employer A? In the past, I have encountered a similar situation and I came back successfully with out getting a new stamp. I am not aware of current immigration law. Have there been any changes in this aspect?
Watch the Video on this FAQ: Is new H-1B visa stamping needed if you change employers?
Video Transcript
We have been working with Rajiv's office almost for 2 years, they provided excellent Professional Services. This Law office is higly recommended for H1B, PERM or any other Immigration related needs.