General Nonimmigrant Visa

Return to America on a B-2 visa

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I want to know how long I have to spend in my country before I can return back to America,I left there on october 27 and I have a B-2visa.

I cannot give you a hard and fast rule, but generally speaking, CBP wants you to spend more time outside than inside USA each year.

H1B Pending

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I have 5 year M entry visa to visit US from India. I got a job offer and my employer is filing H1b for me in April 2010. My 6 month B1/B2 visa is over on June 4th 2010. (A)Can I continue to stay in US on pending H1b? (B) Should I apply for extension of B1/B2? Will this application for extension confuse or spoil my chance of getting H1b? (C)If I do the premium processing will I know the status of my visa before 4th of June?

You need to discuss this with your H-1 lawyers. I do not believe you can stay. Filing an extension may not help either.

H-2B Visa

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I'm on a J-1 visa right now, but I leave the US in 16 days. I have a job offer to come back and work here, can I apply for the H2-B visa before I leave the US? So that I could come back right away? Or don't even needing to get off the the country?

Assuming you have no home residency requirement, you can start the H-2B process even while you are here in USA.

Transfer to a startup company H-1

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I currently have an H1-B status supported by a large enterprise company. This visa is valid for another 2 years. In the next 2 months I would like to transfer to a brand new startup company that will only have 1 American employee and myself. Do you have any recommendations I need to watch out for when moving to a start up company like this. I guess I'm wondering if the government is more suspicious for these smaller companies than the large coorporations. I'm also looking for immigration lawyer to help me with this.

These H-1 approvals tend to be more difficult. You are correct. Do not leave the old employer until and unless the new H-1 is approved.

H1 approval and stamping

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I got H1 approval and they asked me to immediately go to home country for stamping. What is the best answer that I can give when they ask me about the gap where the status was illegal. My stamping is on March 9th 2010 in Chennai.

H1 B question

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Can an individual be granted H1-B status if they are doing an internship (unpaid) or any type of volunteer position? If not, can anyone tell me how an individual would go about getting anything resembling this type of visa for an internship?

Renewing O-1 visa

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My husband used to have visa O for 2 or 3 years, and we decide to come back to Mexico in 2001, now we want to come back to USA, could you renovate this visa or is easy apply for new different visa? He has a BA in Spanish Literature and I have BA in psychology, we have one eighteen and one 15 years old sons and 1 year old baby girl, and we live in Canada right now.

You will need to have the employer apply for a new O-1 petition with USCIS.

J1 overstayed by years, married to a greencard holder

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I came to US in 2004, overstayed my J1 visa by 3 years and got married to a greencard holder in 2007. My I-130 was approved in 2008 . Is it possible to adjust status when my visa number becomes available. I have read on different sites that I'm not eligible since I have not maintained lawful status during my stay. Are there any loops?

Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.