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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.

  • Applying for K-1 visa
    19 Jun 2013...
    I have been with my boyfriend for 3 years we meet over the internet and I have been over to Haiti once. He is in Haiti and I am in America. How do I get him to America?

    If you intend to get married within 90 days of his arrival, apply for K-1 visa for him.

  • L-1 to GC
    19 Jun 2013...
    I am on L-1 visa until 2015, according to my employer's attorney the I-140 form was already approved, now my employer does not want to continue with the I-485 form process (because they don't want to pay attorney's fees) and will not release any information related to my case, do I have any chance to continue with the GC process by myself? Or will I be facing deportation at the L-1 visa expiration date?

    There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.

  • SEVIS Terminated
    19 Jun 2013...
    I am an Indian citizen, in USA on my F-1 via. I have completed my masters degree and my application for Employment Authorization was denied due to the fact that my SEVIS was terminated due to the complete negligence of the International Students office in my university. The denial notice says that I need to submit a form I-290B petition along with supporting documents and an affidavit. What documents should I attach and should I consider suing my International students office. I am not in a position(financially) to sue them right now because I was a student all this time.

    Generally speaking, you will need to demonstrate that the termination was erroneous. Ask your DSO for a letter explaining that. In addition, you can add your own statement/affidavit explaining the circumstances. Your DSO should help with all this.

  • H-1B Quota and the "Reminder Option"
    19 Jun 2013...
    I have H-1B stamped valid till March 2014 and I am in India right now. My current employer laid me off and cancelled my petition.I have got a call from a consultant that they can file a new petition in premium category against my exiting stamped visa under cap exempt category even if my current petition is already cancelled. Can I use my H-1B in this way even if my petition is cancelled by my earlier employer and me being available in India .

    There are two parts to your question. Are you subject to H-1 quota? The answer is no, not until you have been physically outside USA for a year. Even after that, you may have the "remainder option." Second, can you use the same visa stamp to travel? The answer is after your H-1 approval, consulates want you to come in for stamping again.

  • B-1 in Lieu of H-1
    6 Jun 2013...
    I came with B-1 to work until I obtain H-1B (this is B-1 in lieu of H-1 clause that authorize me to work). I was not selected at 2013 H-1B lottery. How long can I stay on B-1: 6 months + one renewal, would the second renewal be granted,I am looking at L-1B as an alternative but I did not complete the one continuous year before coming to US with my employer. Can the company "make up" some months of work abroad to complete the 12 months? How deep are they digging into for L-1B?

    No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.

  • Signature on Forms
    3 Jun 2013...
    Can I send a scan of the forms? Can I use an electronic signature?

    Forms need to be signed by hand in ink, and the original signed documents submitted to USCIS by mail or courier.

  • Receipt Notice for H-1B Petition
    3 Jun 2013...
    How long will it take to get a receipt notice for my H-1B petition that was not filed with premium processing?

    According to USCIS, "Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice."

  • Filing H-1B Quota Cases Next Year
    3 Jun 2013...
    Can you let me know when we can start filing H-1B cases again for this year?

    If the beneficiary is not subject to the quota, you can file an H-1B for them at any time.  If the beneficiary is subject to the quota, the new H-1B cannot be submitted to USCIS  before April 1, 2014, with an effective date of October 1, 2014.  We will start working on next year’s quota cases in January 2014.

  • Moving Outside USA For A Year While H-1B Has Not Expired
    29 May 2013...
    I have a valid H-1B until April 2014. I left my employment with my company March 2013 and we were in the process of applying for the GC. I did not have time to find another employer and file a GC application before entering my final year. Therefore even if I transferred my H-1B I still would have had to leave in 2014. Therefore I have decided to come back to England for a year and reapply when I have completed 365 days out. I have 2 questions: 1) Does my time start from when I left the US or do I have to cancel my H-1B? 2) If I go back to visit, I assume I just visit under the visa waiver?

    1. The one year out starts when you leave USA.

    2. It may be best not to visit during that year.

  • R-1 Extension
    14 May 2013...
    I am currently in R-1 status. This is my first 30-month extension. Is it true that I will not be able to get another extension when this R-1 extension expires?

    An alien who has spent five years in the United States in R-1 status may not be readmitted to or receive an extension of stay in the United States under the R visa classification, unless the alien has resided abroad and has been physically present outside the United States for the immediate prior year.  However, if you were outside of the U.S. for any period of time during your initial R-1 validity period or during this 30-month extension, you can recapture the number of days that you were outside of the U.S.

  • Applying for Spouse after H-1B Approval
    14 May 2013...
    I am planning to come to the U.S. to work. The company that is going to file the H-1 petition for me tells me that they will not need to file any petition for my wife. I want her to accompany me to the U.S. What do we need to do?

    The company will file your H-1B petition and, after you receive your H-1B approval, your wife should accompany you to the consulate to apply for her H-4 stamping in order to come with you to the U.S. as your dependent.

  • Notice of Intent to Deny for R-1 Petition
    14 May 2013...
    After an onsite inspection of our facility was conducted, we received a “Notice of Intent to Deny” for our R-1 petition. Is this an actual denial of the petition, or is there any other action that we can take to try to still have the petition approved?

    If an onsite inspection yields derogatory information not known to the petitioner, USCIS will issue a “Notice of Intent to Deny” the petition.  The petitioner may submit additional documentation to rebut the derogatory evidence.  If the petition is then denied, the denial may be appealed to the USCIS Administrative Appeals Office.

  • Sufficient Evidence of an Employer-Employee Relationship
    14 May 2013...
    We are filing an H-1B petition for a three-year period for a potential employee. However, they will be assigned to work at a client site and the contract we have with this client is not for the full three-year period. Will the petition be denied on this basis? We would still want this individual to work for us for the full three years.

    If you do not initially provide sufficient evidence of an employer-employee relationship and the availability of sufficient specialty-level work for the duration of the requested validity period, you may be given an opportunity to correct the deficiency through response to a Request for Evidence (RFE).  Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period, as long as all other requirements are met.  However, USCIS will limit a petition’s validity to the time period of qualifying employment established by the evidence.

  • Filing H-1B Petition while Passport Expires in Six Months
    14 May 2013...
    How can I file an H-1B petition if I have less than six months before my passport will expire?

    You can submit evidence that you have applied for an extension of your passport along with the H-1B petition.  Such evidence may include copies of any documentation sent for the passport renewal.

  • Posting a Notice of Filing of LCA
    14 May 2013...
    Is it really required that we post a notice of filing of LCA at the end-client location? Can’t we just post at our offices?

    Posting at the employer’s offices is not sufficient if the beneficiary is working off-site. It is required by regulations that the notices are posted in two conspicuous places at the actual location where the work is to be performed.

  • Change of Visa From H-1B to F-2
    6 May 2013...
    I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.

    You must be married to the F-1 holder in order to be eligible for F-2 status.  Fiances do not qualify for derivative status.

  • H-1 After Marriage to a U.S. Immigrant
    6 May 2013...
    After getting married to a green card holder & applying for a spouse visa is it possible to apply for H-1 visa?

    Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.

  • Grounds for Rejection for B and F Visa
    24 Apr 2013...
    I have done my masters in USA and stayed there for 4 years and came back to India. My visa got over on Jan 2013, and I plan to pursue my MBA in USA and went for the visa interview twice it got rejected, and now my friends and family are suggesting me to apply for B-2 visa. What should I do?

    The grounds for rejection for B and F visa are usually the "immigrant intent." If indeed that is the reason for your visa rejection, I do not see any difference between B and F applications.

  • Validation Instrument for Business Enterprises (VIBE) System
    19 Apr 2013...
    USCIS sent an RFE for my H-1B petition and indicated that they have attempted to validate the company or organization in its Validation Instrument for Business Enterprises (VIBE) system. What is this?

    USCIS has indicated that VIBE allows USCIS to electronically receive commercially available information from an Immigrant Investor Program (IIP), currently Dun and Bradstreet (D&B), about apetitioning company or organization.  This information includes:
    •    Business activities, such as type of business (North American IndustryClassification Systemcode), trade payment information, and status (active or inactive)
    •    Financial standing, including sales volume and credit standing
    •    Number of employees, both on-site and globally
    •    Relationships with other entities, including foreign affiliates
    •    Type of office (for example, single entities, branches, subsidiaries and headquarters)
    •    Type of legal entity (for example, LLC, partnership or corporation)
    •    Company executives
    •    Date of establishment as a business entity
    •    Current physical address

  • Contacting USCIS when EB-3 is Changed to EB-2
    17 Apr 2013...
    How do I contact the USCIS Service Centers to inform that a priority date is current, that an EB case has been upgraded from EB-3 to EB-2, or that dependents have been separated from the principal applicant’s petition?

    Send an email to the Nebraska Service Center at NCSCfollowup [dot] NSC [at] dhs [dot] gov (NCSCfollowup [dot] NSC [at] dhs [dot] gov) or the Texas Service Center at TSC [dot] NCSCfollowup [at] uscis [dot] dhs [dot] gov (TSC [dot] NCSCfollowup [at] uscis [dot] dhs [dot] gov).  Make sure to include the Case Number and A# of the beneficiary(s).  If applicable, attached scans of any notices for the USCIS to reference.

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