US Immigration Questions

  1. Friday, 3...
    Question:
    Answer:

    1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S. with the purpose of establishing one.

    2. Canadian citizens can continue to apply for TN and L classifications at U.S. ports of entry or U.S. preclearance facilities with the required documentation.

    3. No, you may continue to go to any port of entry along the Canadian border for processing; however, we encourage you to go to one of the designated ports of entry where you will receive optimized processing.

    4. Fourteen total ports are designated, to include 4 preclearance locations.

    For more information please visit this page: http://www.cbp.gov/travel/international-visitors/canada-mexico-travel/tr...

  2. Friday, 3...
    Question:
    Answer:

    That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.

    my sister filed petition me last year maybe i-130,i am an indian and my wife is italian,i am in califonia nowdays since last week.can we stay here permanantly under i-485 or aos whatever? - See more at: http://www.immigration.com/comment/14928#comment-14928
  3. Thursday, 2...
    Question:
    Answer:

    See clip from video recording by Rajiv for the answer to this question regarding volunteer work on H-4 visa status.

    https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

  4. Thursday, 2...
    Question:
    Answer:

    See the marked clip below from Rajiv's video recording for the answer to this question.

    https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

  5. Monday, 29...
    Question:
    Answer:

    This is not likely to work. Filing a concurrent H-1 is perfectly acceptable in this case and it does not affect your green card process, nor your current H-1. I dont know of any way an H-1 can be approved for an intermittent employment.

  6. Monday, 29...
    Question:
    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.

  7. Monday, 29...
    Question:
    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
  8. Tuesday, 23...
    Question:
    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
  9. Tuesday, 23...
    Question:
    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
  10. Friday, 12...
    Question:
    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.

  11. Friday, 12...
    Question:
    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
  12. Tuesday, 2...
    Question:
    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
  13. Friday, 29...
    Question:
    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

  14. Thursday,...
    Question:
    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
  15. Thursday,...
    Question:
    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
  16. Tuesday, 26...
    Question:
    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

  17. Tuesday, 26...
    Question:
    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

  18. Friday, 22...
    Question:
    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
  19. Thursday,...
    Question:
    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.

  20. Wednesday,...
    Question:
    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.

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