I am a UK resident and currently have a B1 visa with 7 years to run. When I enter the US via LAX they always stamp my passport and issue the I-94 card for 12 months. We always leave before the date given. Question - do we have to go back to the UK (our country of origin) or could we go to Canada for a week and then re-enter the US?
You can go to a third country, but your entry back into USA can be declined if CBP believes you are spending more time in USA than you should. Typically, B visas are for brief visits (may be six months or less in a 12-24 month period).
I came to USA as L2 with my spouse, after leaving my job. Now my parent company is asking me to take up their assignment based at USA. and also asking me to confirm the possibility of starting their office at States.
Is these possible? at least working for them is possible. I have my EAD. Can I work and take salary from outside USA firm?
Once you have the EAD you can work for anyone in USA, including a company that is not in USA.
I am a U.S citizen but my husband is not yet. My mother in law has been battling cancer for a while and I would love for her to come here and get medical treatment and to just see her grandson. She is from El Salvador, is there any way for us to do that?
A B-1 visa is appropriate for medical treatment.
I have already applied for the draw for the Diversity Lottery Visa for which I am eligible.If at all I dont get selected and want to make a B1/B2 application thereafter will I have to mention in the application form that I have been denied such a chance for lottery before and if I choose not to do so can the consulate people find out that this person has made such an application before.Please advise for the correct approach.
I have come here with my husband who is on L-1 visa. I have L-2 visa. What work opportunities are there if I have no EAD. Second,I have gone to the office to get SSN. But the lady there told me that I don't require that and they refused to give me.What could be the reason I didn't get that. Can I apply for EAD if I don't have SSN? I'm here in US for 6 months. I want to work as I have done my MBA.
I have a brother here in US who is diagnosed with cancer. I would like my mom and brother who live in India to come and visit him. What type of visa should they apply for in India and how long will it take? On which visa can they come as soon as possible.
Tourist visa seems to be appropriate. Times vary by consulate and are usually very short -- often visa is issued the same day an application is made. You can also get an appointment for emergent reasons.
I am L2 visa holder and a physiotherapist from India. I also have SSN. Do I need to take the EAD or health care worker certificate to work in USA.Or simply credit evaluation and taking the licence is sufficient.
You need complete credentialing including a license.
I am an IT professional who has come to the US for medical treatment on a B2. I am getting better. Since I like to constantly upgrade my skills, I found some training programs that I could attend as they are more frequent in the US than in Canada. Can I attend them on a B2? I mean I have a B1/B2 visa, but the officer marked it as B2 on the stamp on my passport at the POE. Second - I also have got an offer for a one day lecture to some technology professionals for which I might get paid. How would the folks know I worked for a day if while exiting the country there is no checking?
I believe you can take training on B-2 as long as your main purpose of stay in USA is is still medical treatment. Getting paid may be a bad idea.
My company is giving me option of taking a L1 visa or H1B. My wife recently completed a 3 year Bachelors degree in Computer application from India. I want to make sure that she can work once we immigrate to US. Can you suggest what approach should we take? 1) Get myself H1 and then she does a MS from US.
2) Get a L1 visa and she can find a job in US with her 3 year degree.
Personally, I prefer the L-2 option for her. She can work AND go to school. More choices.
Discussion Topics, Thursday, Sept 16, 2021
FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending
I am on an L-1 visa, and I am working in the U.S.. My wife is outside the U.S. Her L-2 visa has expired. We want to get an appointment somewhere to get visa stamping together. I cannot travel without an appointment, or else I will be stuck and will not return to the U.S. without visa stamping. The embassy has not opened for more than a year now, and she is stuck, so how can we get appointments? Can this be an emergency appointment case?
We do not have enough information about your case, but generically, it appears that your wife may have the option to go through the dropbox process. Please look into that. Also, emergency appointments are just that: reserved for an emergency. Most consulates are not likely to entertain such a request unless there is a real emergency.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
What are the consequences if we extend parents visitor's visa's stay for more than 1 time? Will it be a problem when they come back to US again? Is the minimum time to come back again still 6 months?
The first consequence is coming too frequently. So, then stay away for one year. The second is you have to keep daisy-chaining your extensions. Three if you leave without an extension result, it's okay as long as you're leaving within the time that you asked for and lastly, if the extension is denied you may have to apply for a new tourist visa. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
I have reviewed the recent lawsuit settlement where the USCIS has agreed to consider H-4 holders to be eligible to continue working while their timely filed EAD extension is pending. Unfortunately, the settlement seems to state that the right to work is only co-extensive with your I-94 duration. Therefore, you do not have the right to continue working for 180 days; only till your I-94 expires. While it is better than nothing, the settlement is not everything that we would like to see.
We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied.
I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?
There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
I am on L-1 and my wife is L-2 with EAD. Can she do a home based business such as selling things on Ebay etc?
With an EAD, an L-2 can work anywhere including operating their own business and work as many jobs as they like.
I would highly recommend the Law Offices of Rajiv S. Khanna!!
They are extremely professional, methodical, thorough, and value for money because they get the job done!!
I was on a B1 visa originally and my H1B was approved but I did not receive the document. When I finally did after a year, there was no I-94. I had overstayed in the US and it was a totally mess because of a number of bad advices.
At that stage, I contacted the Law Offices of Rajiv S. Khanna. I got excellent service considering the fact that everything was done over the phone and via email. It was a pleasure to have had the services of Rajiv S. Khanna, Jitesh Malik, Anna Baker and Rena Waddell.
I thank them sincerely for resolving my issue.
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My previous employer didn't file for my wife H4 when they filed for my H1B, which made her out of status from Sep 2002. I got to know that Rajiv's office did help the clients with H4 issues. That is when I decided to try with them. We filed for my H1B (7th yr extension) and my wife H4 at the same time in Oct 05. We requested to give the status from Sep 02 - Jan 07. USCIS approved both H1B and H4. But they gave her status from Jan 06 - Jan 07, which means she was still out of status from Sep 02 - Jan 06. Then we decided to file for MTR and we filed MTR in Nov 05. USCIS responded to MTR in Sep 06 with RFE. We sent response to RFE and they gave status from Sep 02 - Jan 06, which means my wife got full status.
All this couldn't have happened with out strategic thought process Rajiv/Jitesh and their team has put together. We are extremely happy about how our case has been handled from day one we chose to hire Rajiv's law firm. My special thanks to Rajiv/Jitesh/Ursula/Anna and their team for answering all my questions at different stages of this. In future if I need any immigration help I would definitely go for Rajiv firm. If anybody has any help needed about immigration I would highly recommend Rajiv firm.
Discussion Topics, Thursday, 18 April 2019:
FAQ: Multiple years of CPT|| Options to stay in the USA after expiration of H-1B ||How to get H-1B approved for three years, not shorter duration ||Issues related to tourist visa/business visa (B-1-B-2) extensions ||
Other: H4 EAD expiration ||Green card interview for inter-filing cases ||Stay in the USA while I 485 pending||limitations on working beyond 240 days on H-1B extension pending ||How is the priority date determined? ||The law on Supplement J||Delay in getting physical green card after approval ||What can trigger deportation?||N – 400, naturalization issues
1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br>
2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Situation:
Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer
Question:<br>
1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?<br>
2. How long one can stay in US without job/payroll having H1B ?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My father recently renewed his B2 Tourist Visa - and was given the 10-YR Multiple entry visa. He is currently visiting USA and his current I 94 expires in end of May 2019. Due to some medical issues - we were contemplating about requesting a 2 to 3 months extension for his stay - if possible. Would you necessarily have to provide an evidence in the form of a return ticket (about 3 months hence from end of May 2019) - to prove that he indeed intends to go back
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.