FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer
My son-in-law was interviewed at the US Consulate in Frankfurt in May 2023 for a marriage-based immigrant visa. They have requested his CV with traveling details for further processing. His case has been in Administrative processing for well over 90 days. I have two questions:
1. Is anything can be done to expedite the process?
2. He has traveled to the US on a B1/B2 visa four times prior to his interview from Germany. Is there any problem with him traveling to the USA to visit his wife while his case is in Administrative processing?
Regarding his previous B1/B2 travel history to the U.S., there shouldn't be an issue with further travel while his case is in administrative processing. Although there's a slight possibility of being turned away at the airport, Customs and Border Protection usually treats spouses of U.S. citizens with consideration.
To avoid potential travel hassles, your son-in-law can clear U.S. immigration at Dublin Airport, which offers a more convenient option.
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Currently, I am holding a STEM OPT from May 2022 until May 2024 (2 years).
My employer had applied for H1B this year and last year but had no luck.
Question and suggestion, please:
1) What are my legal options?
1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?
2) Enroll in university for the Master's degree?
2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? Once a master's degree is complete, reapply for OPT and STEM OPT.
2.2 Should I continue to apply for H1B in the meantime?
3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?
Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.
Lastly, my passport expires in May 2024 as well. Is there any problem there?
- I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?
OPT can be applied at the next higher educational level. For instance, if your first OPT was based on a master's degree, you would need to pursue a higher level of education, such as a PhD, to apply for another OPT.
Regarding your passport expiration, it shouldn't be a significant issue. You have the option of expedited passport processing, which can help you get your passport renewed quickly. Overall, it should not cause major complications, and you should be fine.
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
My sister is in India and the prospective groom is a US citizen. They have concerns about how to proceed with marriage and relocation of the girl to US in a timely manner (prefer not to wait more than a year for marriage/ living together post-marriage for personal reasons) Current fiancé visa processing time seems to be 15 months. It was not this long pre-covid, realistically can this processing time reduce this year? If they do marriage in India first, what’s the quickest way for her to come to US and how long would it take She has a valid B1. Can she travel on that to US post-marriage for 5-6 months only without any risk to her green card application? She is trying to get an L1-B visa through her current company. Will that visa approval be affected if they get married in the meanwhile? In short, what is the quickest path for her marriage & relocation to the US right now?
She can travel with a B-1 visa as long as she tells the truth. L-1 and H-1B visas are the quickest paths.