US Immigration Questions

  1. Monday, 29...
    Question: I have my I-140 approved(in my 6th year of H-1). But my employer is not handing the approval notice to me. I have both Receipt Number and my Labor number (starting with A.). I have filed FOIA to get copy of I-140 approval notice. I wanted to know 1) Can I transfer my H-1 to another employer by just giving I-140 receipt number to them? 2) Can my new employer use this number to file my GC and keeping the PD based on this number?
    Answer:

    As long as your I-140 is not revoked BEFORE approval of H-1 extension/transfer, the receipt should be enough to get an extension with another employer. The priority date transfer is "automatic" and done at the USCIS level; that should not even need a receipt.

  2. Monday, 29...
    Question: If I have 3 years of college from the UK and 7 years of professional experience, can they give me E-3 visa? The employer has given me a job offer in USA. All degree and work is in IT systems
    Answer:

    If the degree and at least three years of professional experience are in the same field, E-3 should be available.

    If the degree and at least three years of professional experience are in the same field, E-3 should be available. - See more at: http://www.immigration.com/comment/14829#comment-14829
  3. Tuesday, 23...
    Question: What happens if I travel without visa or advance parole while my I-485 is pending? I want to go to India.
    Answer:

    That would lead to abandonment (sort of like cancellation of I-485). You will have to enter USA under some legal status (like H-4/H-1/L-2/L-1) and then file I-485 again when the priority dates becomes current.

    That would lead to abandonment (sort of like cancellation of I-485). You will have to enter USA under some legal status (like H-4/H-1/L-2/L-1) and then file I-485 again when the priority dates becomes current. - See more at: http://www.immigration.com/comment/14781#comment-14781
  4. Tuesday, 23...
    Question: Do we need to send an LCA for H-1B1 Singapore quota?
    Answer:

    Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA.

    Yes, you do. E-3 visas for Australia and H-1B1 for Singapore and Chile, all require an LCA. - See more at: http://www.immigration.com/comment/14777#comment-14777
  5. Friday, 12...
    Question: Can I qualify for RN based H-1 if I have only an Associate degree in nursing?
    Answer:

    The simple answer is, no, unless you also have 6 years of professional experience. Also note, not all RN's can qualify for an H-1.

  6. Friday, 12...
    Question: Do I have to get a new visa stamp for my F-1 or can I travel back using the same F-1 visa stamp if my reinstatement is denied? I fell out of status because I registered for less than a full course load.
    Answer:

    In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry.

    In my view, it is unsafe to travel on an existing visa after being out of status. If they become aware of your status problems, CBP, upon returning, can turn you back at the airport, or worse, even formally deny you admission thereby laying a five-year bar against reentry. - See more at: http://www.immigration.com/comment/14631#comment-14631
  7. Tuesday, 2...
    Question: My current employer is failing the GC. Below is the job requirement. My total experience is with the current employer only (2.5 years in INDIA+4.5 years in USA)<br> Job requirement:<br> Education: Master’s degree, or equiv., in computer information systems or related field Experience: At least 1 year in position offered or in design defect fixes/enhancements I have US equivalent Master degree. My attorney said for the experience, we can show your current employer INDIA experience(2.5 years for which i worked in India for the same employer and came USA for the same employer). Can we show current employer India experience while filing PERM?
    Answer:

    Generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer.

    generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer. - See more at: http://www.immigration.com/comment/14003#comment-14003
  8. Friday, 29...
    Question: What is the difference between a blue or black stamp from U.S. Citizenship and Immigration Services (USCIS)?
    Answer:

    As of July 1, 2014, U. S. Citizenship and Immigration Services (USCIS) began using a new secure blue ink for many of its secure stamps. The older secure red ink will be retired and no longer used by USCIS on the effective date.

    USCIS stamps with secure blue ink:

        Department of Homeland Security (DHS) Parole Stamp
        Temporary I-551 Alien Documentary Identification and Telecommunication (ADIT) Stamp
        Refugee Stamp (Section 207)
        Asylum Stamp (Section 208)
        Initial / Replacement I-94 Stamp

    USCIS will continue to use regular black ink on the following stamps:

        Approval Stamp (Applications Received)
        Denial Stamp (Applications Received)
        Director's Signature Stamp (Certificates of Naturalization, Certificates of Citizenship)
        Other USCIS similar documents

  9. Thursday,...
    Question: As a H-4 visa holder in the USA (my husband is on H-1B), and an Indian citizen, I plan on applying for Canadian PR via the federal skilled worker program, to eventually start working there. The question I have is if my PR does come through within a year, will my H-4 visa in the USA get affected or be void immediately? Provided I don't get a job in Canada by then, how long will my H-4 be valid after I get my PR in Canada? Can I choose to live in either country in that case? Also, while applying for the PR, they asked for sufficient funds. Since I am a H-4 dependent, can I show my husband's funds and income as a source? Because I am not earning here, I will have to have his money transferred. Will that be a problem?
    Answer:

    Your H-4 visa does not get affected by PR in Canada, and whether or not you stay in the USA or Canada. The visa stays valid through the date of its stamping, as long as your husband is maintaining status. US immigration laws also should not create any issues with a funds transfer, but check Canadian laws and US Tax Laws.

    Your H-4 visa does not get affected by PR in Canada, and whether or not you stay in the USA or Canada. The visa stays valid through the date of its stamping, as long as your husband is maintaining status. US immigration laws also should not create any issues with a funds transfer, but check Canadian laws and US Tax Laws. - See more at: http://www.immigration.com/comment/14325#comment-14325
  10. Thursday,...
    Question: My H-1 6 years are about to be over. No way to extend per lawyers. Can I move to CPT?
    Answer:

    This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school.

    This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school. - See more at: http://www.immigration.com/comment/14458#comment-14458
  11. Tuesday, 26...
    Question: I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.
    Answer:

    There are several issues that should be examined before you can make an informed decision.

    1.  B visa or ESTA does not allow you to “work:”

    To enter the USA, a B-1 visa or ESTA (Visa Waiver Program) is a good option, but you need to remember, these visas do not allow you to actually engage in income generating business yourself.  There are several impediments to what you can do.  You are, of course, allowed to enter the USA, seek a business, negotiate and/or purchase the business.  You are also allowed to incorporate and/or start a new business, including, a US branch of your business in your home country.

    Read about B (the same limitations exist for ESTA entries) visas: http://www.immigration.com/visa/b-visa/b-visa-overview

     

    2.  Are you already a part of or own an established business in your home country?

    (a)  Yes: Look at the following options:

                                                                   i.      L-1 (Intra-company transferee – visas where you have or are starting a company related to your foreign company) http://www.immigration.com/visa/l-visa/l-visa-overview

                                                                 ii.      E-1 and E-2 (Treaty trader and treaty investor visas – require a treaty between your home country and the USA.  India does not have any such treaties with the USA.  http://www.immigration.com/visa/e-visa/e-visa-overview

                                                                iii.      EB-5 (These are investment-based green cards requiring investment of $500,000 or $1 Million and creation/preservation of ten American jobs over two years) http://www.immigration.com/greencard/eb5-green-card/eb-5-investment-green-card

    (b)  No: Look at E-1/E-2 and EB-5 visas (links are in the previous para).

    3.  Should you convert from B visa to any other visa?

    Generally speaking, that is a bad idea.  Watch this video:  http://youtu.be/es4SlhcXr9E

    For more information related to B visas, you can watch videos from this play list: https://www.youtube.com/playlist?list=PL13184E6EA97A1593

    4.  How do you start a business in the USA:

    This matter should be addressed based upon the advice you receive from legal counsel in the State where you wish to start your business.  The incorporation of foreign business entities is regulated at the state level (as opposed to the federal or national level) in the United States. The application process will vary from state-to-state.  Here is a good resource page from SBA, Small Business Administration (SBA is a US Government agency) on the types of business entities you can form in the USA.  Generally speaking, you, as a B or ESTA visitor, should be able to form any of these entities:  http://www.sba.gov/category/navigation-structure/starting-managing-business/starting-business/choose-your-business-stru

  12. Tuesday, 26...
    Question: When should an employer mark "yes" when responding to the Question C.9: "is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and incorporators?"
    Answer:

    If there is a familial relationship between the owners, stockholders, partners, corporate officers, or incorporators, and the alien, the employer must be able to demonstrate the existence of a bona fide job opportunity, i.e., the job is available to U.S. workers. 20 C.F.R. 656.17(l). In order to provide the Certifying Officer (CO) the opportunity to evaluate whether the job opportunity has been and is clearly open to qualified U.S. workers, an employer must disclose any familial relationship(s) between the foreign worker and the owners, stockholders, partners, corporate officers, and incorporators by marking "yes" to Question C.9 on the ETA Form 9089. See also Matter of Modular Container, 1989-INA-228 (Jul. 16, 1991) (en banc).

    A familial relationship includes any relationship established by blood, marriage, or adoption, even if distant. For example, cousins of all degrees, aunts, uncles, grandparents and grandchildren are included. It also includes relationships established through marriage, such as in-laws and step-families. The term "marriage" will be interpreted to include same-sex marriages that are valid in the jurisdiction where the marriage was celebrated.

    A familial relationship between the alien and the employer does not establish the lack of a bona fide job opportunity per se. Ultimately, the question of whether a bona fide job opportunity exists in situations where the alien has a familial relationship with the employer depends on "whether a genuine determination of need for alien labor can be made by the employer corporation and whether a genuine opportunity exists for American workers to compete for the opening." Modular Container at *8. Therefore, the employer must disclose such relationships, and the CO must be able to determine that there has been no undue influence and control and that these job opportunities are available to U.S. workers. When the employer discloses a family relationship, and the application raises no additional denial issues, the employer will be given an opportunity to establish, to the CO's satisfaction, that the job opportunity is legitimate and, in the context of the application, does not pose a bar to certification. The CO will consider the employer's information and the totality of the circumstances supporting the application in making this determination.

    Please note that failure to disclose familial relationships or ownership interests when responding to Question C.9 is a material misrepresentation and may therefore be grounds for denial, revocation or invalidation in accordance with the Department's regulations.

    For more information please visit this link : http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm

  13. Friday, 22...
    Question: Is it a problem to travel outside the US after the temp GC has expired, and assuming the I-829 wouldn't get approved by then ?
    Answer:

    When the I-829 fees receipt is issued, it should state that your green card is extended for one year and travel and work during this time is permitted.

    When the I-829 fees receipt is issued, it should state that your green card is extended for one year and travel and work during this time is permitted. - See more at: http://www.immigration.com/comment/14360#comment-14360
    When the I-829 fees receipt is issued, it should state that your green card is extended for one year and travel and work during this time is permitted. - See more at: http://www.immigration.com/comment/14360#comment-14360
  14. Thursday,...
    Question: What happens if green card expires while away on reentry permit and it's not possible to stay and return to USA to renew?
    Answer:

    You lose your green card status. Reapplying or trying to get a returning resident permit would be the only two options that I can think of.

  15. Wednesday,...
    Question: What kind of visa can I get for medical treatment. I have an appointment with a Surgeon in Anderson. Can the visa be extended without leaving America?
    Answer:

    Typically, medical treatment in the USA is undertaken on a B-1 ("Business" visa. Strange, huh?). But do not get confused. Consulates often mark visas as B-1/B-2 or even B-2 (visitors/tourist) for medical treatment. Once here, you can ask for extensions of stay if the circumstances so require. I remember extending the stay of a child and his parents for two years (in 6-monthly chunks), where the baby was being treated for ongoing medical problems.

  16. Wednesday,...
    Question: When do you think the H-4 regulations giving EAD will become in operation? Will they be changed or will they remain the same?
    Answer:

    Timing is impossible to predict. It could be as early as September or so, or as late as the government wants it to be. Also, government CAN and often does change or modify regulations after comments from the public are reviewed. 

  17. Thursday,...
    Question: I have a approved I-140 with on H-1B for more than six years working for company A. If I change to company B I will get 3 years of extension for new employer B. If I leave employer B before my PERM or I-140 is approved with employer B and join employer C. How many years of H-1 extension I will get ? Can I get 3 years of H-1 extension using approved I-140 with employer A.
    Answer:

    Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers.

    Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers. - See more at: http://www.immigration.com/comment/13726#comment-13726
  18. Tuesday, 8...
    Question: I have dual citizenship. Which passport should I use to travel to the United States?
    Answer:

    All U.S. citizens, even dual citizens/nationals, must enter and depart the United States using his/her U.S. passport.

  19. Tuesday, 24...
    Question: My husband and I got our green cards through my husband's Employer (EB3). We submitted I-140, I-485 for primary beneficiary (my husband), I-485 for derivative beneficiary (me) on December 27th 2004 (visa dates were current) Our entire application got rejected on Jan 04 2005.I attached the letters mailed to us. USCIS stated that my signature was missing Our lawyer responded to USCIS on Jan 05 2005 and refiled the rejected application on March 08 2005 (visa dates not available for EB3 in March) He requested USCIS to honor December 27 2004 stamp-date for Primary Beneficiary my husband as his application was complete. He also mentioned that he has is resubmitting my application with my revised signature Instead of just accepting my husband's application, USCIS also accepted my application on March 8th 2005 receipt date - March 10th 2005. During Visa Debacle in July 2007 , we received our green cards on September 2007. I am eligible for applying citizenship. I am in a dilemma whether to apply or not. One of the lawyer’s I contacted before said that USCIS sometimes wrongly accepts applications without visa dates and prematurely approves them too and mine might be one of those cases.During citizenship application, they will review the whole immigration history and there is a chance that your green card will be revoked. Is it safe not to apply for Citizenship and renew it when needed?
    Answer:

    This is likely to be a long discussion. My bottomline recommendation: let your husband obtain his naturalization first. Thereafter you apply for yours. If something goes wrong, his naturalization gets you another green card right away, without ever leaving the USA.

  20. Friday, 6...
    Question: Are they changing the law for EB-1? What is the change?
    Answer:
    The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations.
    The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations. - See more at: http://www.immigration.com/comment/13356#comment-13356
    The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations. - See more at: http://www.immigration.com/comment/13356#comment-13356
    The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations. - See more at: http://www.immigration.com/comment/13356#comment-13356

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