General Nonimmigrant Visa

L1B - resignation in US

I am currently on L1B in US. Could you please let me know if it is legal to resign on L1B while am in US or is it required by law that I need to return to my home country and resign? Am on US payroll and I believe am governed by US labour laws and they will supersede the Indian laws even if I signed a document mentioning that I will return to India. Could you please confirm?

What you are asking me has nothing to do with US immigration laws. This is a matter for an employment lawyer in the state where you are working. Under US immigration laws, you can resign in USA any time.

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

Add new comment

Lost old EAD card for another OPT application

I am currently a PhD student and preparing for application for OPT. Previously in 2004 upon earning BS degree, I got OPT and worked for a summer. In preparation for a new OPT, I realized that I need to provide copy of front and back of the previous EAD card. However, I cannot find the card. I just found copy of I-765, I-94, and I-20 for the previous OPT.If I submit without copy of the previous EAD card, will I be likely to be denied for the new OPT? Also, what is the safest way to deal with this situation.

First, discuss the possible solutions with your international students office. Second, call USCIS customer service and ask for solutions. Third, provide whatever you have with a full explanation to USCIS when filing the new OPT.

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

Add new comment

Student visa

I have student visa and want to come to the US earlier than that 30 days allowed period of time.Probably one month earlier.Can I enter on visa waiver and before school starts re-enter the US by going to mexico or canada to activate the student visa? (which i was told i need to do).if i do so,do i need to buy one way or round trip ticket since i do not need to go nack to europe to re enter the US and how do i explain it to the immigration officer that i only have one way ticket? a while ago i learned i need to obtain change of classification and fill form I539 which takes months.is that so?

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

Add new comment

Advise needed for replying visa

I am a traditional artist, visited US in 2005 with P3 visa and later I have visited with 10 years B-1/B-2 visa two more times. And on fourth time the immigration officer, deported me from NY airport, saying that you have not paid tax $6000- of my sold paintings in the US. and if you agree to volunteerily withdraw applicatition then we will allow you to come back with right working visa.And the problem is my wife is in US and has applied for asylum, so do you recommend me to reapply for working visa or wait untill my wife gets the green card and I am deported on may 2009.

If you withdrew your application, you were not deported. You could apply for a work visa.

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

Add new comment

Where to file complain?

Some of my friends filed H1B through a Consulting company. They gave 1.5-2K USD each. All of the cases were rejected for some unknown reason. Now, that consulting company is not giving money back. Where should they file complain? The consulting company's mother company is listed in Bombay stock exchange.

If the company is in USA, you will file complaints with ICE and Wage and Hour Division of Department of Labor. If in India, I guess they will file a police complaint.

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

Add new comment

H1B Restamping

My visa is valid till Sept,2011. I recently changed employers;have received my approved I-797 from the new employer.Iam planning to travel to India in May,2010. Do I need to go for re-stamping? Shouldn't the employer name on my visa and my I-797 be the same? If not,then what all documents should I be carrying with me to show to the Immi officer at the Port of Entry? Should the employer name on the visa match the employer name in my I-797? My visa is valid till Sept,2011. I recently changed jobs and my I-797 from the new employer has the new employer's name;however my visa has the old employers name.

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

Add new comment

Travel during H4 processing

I am on J-2 visa. This is likely to expire soon due to my spouse changing her visa from J-1 to H1.I want to apply for H4 if I can travel outside USA during the application(processing) period.

If you travel during change of status, the request for COS is deemed to be abandoned.

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

Add new comment

L1B to H1

I am working in US with L1B Visa from company A, now I have my H1 petition approved from the same company had applied to me before I had L1B. Now is it possible for me to change my Visa status from L1B to H1, if yes then what are the situations under which I will be able to change as I am planning to change the company.

You will need to apply for an H-1 through the employer you wish to join. You should be able to apply for a change of status as a part of that process.

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

Add new comment

E3 visa

My E3 visa was applied and approved through an employer. I never joined the company or got paid. Are there any legal implications to the company as a result of me not taking employment with the company?

The employer should withdraw your application.

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

Add new comment

Pages

Subscribe to General Nonimmigrant Visa