I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>
1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=782
FAQ Transcription
My F-1 visa was denied twice for the reason 214(b). I have visited my uncle in U.S for 6 months on a vacation. My Uncle (U.S citizen) sponsored me for my both F-1 (student visas). On my first appearance for F-1 visa interview in Chennai consulate my B-2 visa was cancelled by interviewing officer . Now I plan to appear for F-1 visa with my parents sponsorship. Will there be any problem for me in applying F-1 visa interview this time?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=87
FAQ Transcript
My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions:
1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied?
2. Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) in such cases Processing time is also much less. If my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/R4-_pic6TzY?t=103
FAQ Transcript
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
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1.Can we own our business?
2. Do we have to run own payroll?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=933
FAQ Transcript:
1. Yes you can.
2. You do not.
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;
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.
Currently I am on H-1B and my wife in H-4, my company had recently filed for Green Card. It has been 6 months since the petition has been filed. My wife has about 5 years of work experience back in India. She is interested to work here now. What are the possibilities of her getting a job here in US. As my GC is in progress, can she start looking for a job once my I-140 is approved?
Until the pending H-4 EAD regulations are promulgated, the only obvious option for her is to obtain her H-1 through employment.
Regarding Part 6 of Form I-129, does USCIS require a copy of the export control license if one is necessary?
No. At this time, USCIS does not require a copy of the export control license as part of the nonimmigrant visa petition process.
Will a petition be denied if an export control license is required but has not been obtained prior to filing the petition?
No. USCIS will not deny the petition on the basis that a license is required but has not been obtained prior to the filing of the petition.
Where can I obtain additional information about the export control regulations?
DOC’s Bureau of Industry and Security (BIS) administers the Commerce Control List (CCL) and is responsible for issuing licenses under the EAR. Information about EAR and how to apply for a license from BIS can be found at www.bis.doc.gov. Specific information about EAR’s requirements pertaining to the release of controlled technology can be found at
What kind of evaluation do I need for my non-U.S. education credentials?
The evaluation should be done by a professor in the related field of employment.
I encourage you to sign a petition urging the Obama Administration to reinstate reissuance of nonimmigrant visas within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration has promised to review it, send it to the appropriate policy experts in the administration, and issue an official response.
Visas for Domestic Employees of B, E, F, H, I, J, L, O, P, and Q Visa Holders and U.S. Citizens Temporarily Assigned To The United States (B-1)
On February 28, 2013, USCIS will disable the alternative legacy online filing channel for Form I-539 and offer customers the option to:
Following the launch of our paperless electronic immigration system, USCIS ELIS, we offered customers three ways to file the Form I-539. Since then, USCIS has improved USCIS ELIS and consolidated its filing methods.
I am on L-1A (been about 4 years) from company A and in closing stages of getting a very good offer from company B. Both A & B are global corporations. For company A, I oversee business across continents (Both North America & Latin America). Company B is very keen on having me on board.
1. What are all the possible options on visa front so that I can join company B?
2. What is the quickest option that can help me get on to company B?
3. If I want GC, can company B file for it when am still on payroll of company A - if so, can it be EB-1?
Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).
I have been in the US for six years. First O-1B expired on Feb15, sent in application for the 2nd O-1B already in December. The itinerary wasn't sufficient, response due by April 26th, ready to send in the completed itinerary plus additional letters of intended employment. My household is in New York. I am still here. Am I illegal now? Is there a grace period?
As long as you had filed your extension application before expiration of the current status, you are not illegal as long as the case is pending. You are in
The Yearbook of Immigration Statistics is a compendium of tables that provides data on foreign nationals who, during a fiscal year, were granted lawful permanent residence (i.e., admitted as immigrants or became legal permanent
As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise:
- Convert to H4: What is the expense incurred and how much in advance would I have to apply for this?
- I have a tourist visa that is valid till 2016- can I take advantage of this?
- Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?
You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you.
I have done my masters in USA and stayed there for 4 years and came back to India. My visa got over on Jan 2013, and I plan to pursue my MBA in USA and went for the visa interview twice it got rejected, and now my friends and family are suggesting me to apply for B-2 visa. What should I do?
The grounds for rejection for B and F visa are usually the "immigrant intent." If indeed that is the reason for your visa rejection, I do not see any difference between B and F applications.
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
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.