G 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.

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 Nonimmigrant Visa (B, E, F, G, H, J, L, O, P While Green Card is Pending - Dual Intent)

Detailed question:

I am planning on sponsoring my brother under I-130. I have questions regarding this :<br> 1. Can he apply for a student visa (F-1) once the I-130 has been filled?<br> 2. Can he apply for H-1 or L-1?

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://www.youtube.com/watch?v=xp4B1_qhvtM#t=1718

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G-4 to H1B

Detailed question:

1. I'm on a G4 and have an offer to move to a US based company in a management role. They have offered to file for an H1B in the next few days on premium processing. Although premimum processing requires 15 days or so for an approval, the visa stamping does not happen until October 2010. That's too long to wait to move. What are my options to transition more smoothly from G4 to H1B? 2. Can they apply for a GC after I have an H1B approval?

Answer:

If you are subject to the quota, I cannot think of how you can start earlier than 1st October, unless you have unique skills or circumstances. Once on H-1, you are like anyone else. Your green card can be filed because you would already have waived your privileges and immunities.

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