General Nonimmigrant Visa

Two-year home residency requirement

Can I obtain an F-1 if I have a two-year home residency requirement on my earlier J-?

Yes.  F visa is NOT forbidden.  But you will not be able to get an H-1, L-1 or green card unless you address the HRR through compliance or waiver.

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

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Nonimmigrant waiver

I recently abandoned the US for Canada. I had been living in the US illegally for 15 years (since the age of 11). I got an opportunity to conduct biological research at the University of Alberta, AB, and Canada. I'm fully funded to live in Canada by the institution. Anyway, I would like to return to the US in 2013 for my 10 year high school reunion. I would like to know how likely I would be to get a tourist visa given my recent history. I have no intentions of staying in the US, just visiting. Am I automatically banned?

Look into a 212(d)(3) waiver, which should allow you an entry. Ask CBP at the border how much time they need to process the waiver (usually a few weeks).

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

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USCIS Reaches Fiscal Year 2012 H-1B Cap

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012. USCIS is notifying the public that yesterday, Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

Agency: 

L-2 visa and EAD processing

I am in USA on L2 visa and I intend to start interviewing/ working immediately. For the EAD application, do I have to apply it before I interview or does the employer apply on my behalf once they make an offer? What are the processing times for EAD? I still haven't got my SSN but have scheduled the appointment for SSN. Should I apply for EAD after the SSN is approved or soon after SSN application?

You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.

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

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L-2 visa application for spouse

I’m applying L2 for my wife. She is working in India and she is coming here on vacation. Do I need to mention her working details while filling L2? Or shall I mention saying that she is not working?

 Tell the truth. I see no reason why you need to worry. An L-2 is permission, not an obligation. She can come and leave as she pleases.

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

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Multiple entries for UK Citizens

I am a US citizen - my partner is a citizen of the UK (we are not married). He is a consultant in the international development field so travels frequently, but often visits me in the US when he is not working. He has been to the US for visits of 2-3 weeks duration about 6 times in the last year. The past few times, immigration has hassled him about the number of visits he is making. We are concerned that one of these times he may be refused entry - is this likely?

He can be denied entry. UK citizens have the same options to work in USA as the rest of the world; typically H-1, L-1, E-1 and E-2 visas.

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

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DHS Issues Correction to CNMI Transitional Worker Classification Final Rule (Updated 11/08/11)

[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69119-69120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28985]

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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 103

[CIS No. 2459-08; DHS Docket No. USCIS-2008-0038]

RIN 1615-AB76

Commonwealth of the Northern Mariana Islands Transitional Worker Classification: Correction

Agency: 
Nonimmigrant Visas: 

I-94 Extension Time

I have a L1-A VISA through company Blanket. I have visa up to 2013. But my blanket expires in 2011-dec. I got I-94 up to Dec-2011. I have already applied for I-94 extension. How long will it take?

It can take a few months. You can apply for premium processing even when the case is filed and pending.

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

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L-1 Blanket petition

I have an L-1 Blanket petition and I traveled to US for one week and used that VISA. Part of my job, I need to work in one of our offices outside USA for a year, but will just have to go to US for one week every 2 months. Will that affect my visa since I would not be fulltime working in US? I have M entries in my L-1.

As long as you work full time and on the job described in your L-1B while you are INSIDE USA, it does not matter how long you stay outside USA.

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

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