General Nonimmigrant Visa

L-1 visa from an affiliate

I worked as Dept. Director at a Spanish Hotel from Jan 08-Jul 09. My employment was in the Hotel full-time, but was hired/paid through a consulting firm they employed (and still employ) to manage the operations of that department. I have now been offered a position (Dec 2010) in a similar Managerial/Director job within the Hotel's parent company in the USA but I have not got a US work permit, (I am Spanish). Can I qualify for the L1-blanket visa of the Company, based on my history with their consultant? Do I need to be employed by Hotel in Spain again prior to applying for the L1 visa?

Interesting situation. Not having researched this issue, I am guessing, the only way you can qualify for the L-1 is if you can establish that the hotel in Spain was your "true" employer in that they controlled you, even though your salary was paid by the consulting company.

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

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Can I petition my Fiancé

How can I bring my fiancé to United States, can I apply for him by green card? I am not still a citizen.

There is no fiance visa for non-citizens, but look into the waiting times for spouses of green card holders. Those times are pretty good right now.

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

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Wife work permit

My company is giving me option of taking a L1 visa or H1B. My wife recently completed a 3 year Bachelors degree in Computer application from India. I want to make sure that she can work once we immigrate to US. Can you suggest what approach should we take? 1) Get myself H1 and then she does a MS from US. 2) Get a L1 visa and she can find a job in US with her 3 year degree.

Personally, I prefer the L-2 option for her. She can work AND go to school. More choices.

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

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B-2 to B-1

I am an IT professional who has come to the US for medical treatment on a B2. I am getting better. Since I like to constantly upgrade my skills, I found some training programs that I could attend as they are more frequent in the US than in Canada. Can I attend them on a B2? I mean I have a B1/B2 visa, but the officer marked it as B2 on the stamp on my passport at the POE. Second - I also have got an offer for a one day lecture to some technology professionals for which I might get paid. How would the folks know I worked for a day if while exiting the country there is no checking?

I believe you can take training on B-2 as long as your main purpose of stay in USA is is still medical treatment. Getting paid may be a bad idea.

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

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Parents B-2 Visa

My company has agreed to bring me and my wife to USA on L2 visa and then later get a H1 B visa. I want to make sure my parents have a B2 visa before I leave India. I have thought of two possible approaches: a) Get a B2 visa for my parents but telling US consulate that I am traveling on business to USA and want my parent to visit the country. I used the same method for my wife 2 years back with no problems. b) Get a L2/H1B visa for my self and then submit a request saying my parents want to visit the country for some time.

I dont see much difference in the two (as long as we are truthful with the consulate). Option b may be slightly better because you would already have the L/H 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

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AOS applicants applying for H-1 visa

My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it. We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped. We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.

We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.

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

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My wife filed for Skilled Worker

My wife filed for Skilled worker (EB-3(A)(i)). Can I apply for NIV to visit her?

There is nothing in law that stops you from getting an NIV. But grant of visas like B-1/B-2 is completely discretionary.

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

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Guestbook Entry for Hari & Anju Nayar, United States

Name: 
Hari & Anju Nayar
State: 
NY
Profession/Occupation: 
Country: 
United States
Comment: 
Hello, My interactions with the Law offices of Rajiv S Khanna started in Aug 2004 when I first applied for my H1 visa. Ever since, I have reached out to Mr. Khanna, Mr. Chacko and other support personnel (Ms. Mehta, Ms.Bhasin, Ms.Baker) for all my immigration related needs. This group of professionals is the best you can ever hope to find to help you navigate the complex and painfully slow immigration process. Rajiv and his team form a tremendous body of knowledge and the beauty of this group is that they provide their expertise as a ‘service’. It is true that the law firm charges fees for processing ones case, but the amounts charged are far less than what one would have to pay elsewhere for service that is typically not on par. Mr. Khanna himself has called me on numerous occasions to clarify a question or seek more specific detail….it amazes me that the seniormost attorney in the firm takes time to do this and that too without charging a single dime for a personal call. My wife and I used Rajiv’s offices to handle our Green Card application. The process was lengthy and stretched over 6 years from start to finish. I’m glad to report that the GC was granted. Without Rajiv’s group supporting this would have been a nightmare. The team that handled my case did their work in the most professional manner possible. I got prompt replies to my emails, voice messages and on occasion even emails and calls over the weekend. I have probably inundated mailboxes with questions and counter arguments…never once have I been discouraged from asking questions nor have I not gotten a clear and definitive answer for my queries. Over the green card process, Rajiv’s group renewed my Advance Paroloe and Employment applications (for my wife and I) three times. They have never sent me a bill for this, stating clearly that this falls within the overall green card application process. In my comments above, I emphasize on many occasion the financial matters related with this firm. It is also important to highlight the humane treatment you are accorded by everyone I worked with. The support staff and attorneys clearly understand the emotional stress involved in the immigration process and they treat you with respect and dignity. I have referred many friends of mine to Rajiv’s office and they all state similar commendable experience. In short, I am glad I found this group of brilliant immigration attorneys and support personnel. I’m glad they were on my side and helped me win permanent residency. I can state without any hesitation that you will not be disappointed if you choose Rajiv’s group to represent you. The level of service and support you will receive from the Law offices of Rajiv S Khanna will be far more than what you ever dream about. Many thanks to everyone at Rajiv’s office for all the hard work. If there is anything I can every do in return please let me know….

Nonimmigrant Visa Application Fees to Increase June 4

 Office of the Spokesman Washington, DC
May 24, 2010

On May 20, 2010, the Department of State published an interim final rule in the Federal Register to increase nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The interim final rule also establishes a tiered structure with separate fees for different nonimmigrant visa categories. The new fees are scheduled to go into effect on June 4, 2010.

Team Notes: 
PRN: 2010/669
Nonimmigrant Visas: 
Agency: 

F-1 reinstatement

I am a F-1 student from India. I was declared out of status by the college as I dropped below 12 credit hours this semester. I had a sprain in my ankle, but i did not visited any doctor for such small thing, and as a result i don't have any medical proof to back my story in reinstatement. I am confused weather this reason (ankle sprain) will be sufficient for my reinstatement application to be accepted, or weather i should try re-entry with a new I-20; and if re-entry is a better option, from which country? (my home country(India) or any other country such as Canada, or Mexico).

As far as I know, reinstatement requires exceptional circumstances. A sprain may not be it.

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

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