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Ian Edmund Scott
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Ian Scott’s Answers

281 total


  • Is a change of status form (539) required when applying for an O1 visa in the US

    Is a change of status form needed when applying for an O1 visa in the US?

    Ian’s Answer

    I-129 is the form you would file but you would file an I-539 if you had dependents that were also changing status.

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  • Can a sole proprietorship sponsor me for a E-2 manager visa?

    I would rather not open a corporate entity before purchasing a restaurant in the U.S. Can I just purchase everything under my name and sponsor me for an E-2 visa?

    Ian’s Answer

    You can have a Sole Proprietorship with an E-2 but it does not strengthen the application. Even with that though, you would have to do some filing in the State. I do not recommend applying for an E-2 without some business entity set up. The entity does not have to be a corporation or an LLC but given they are very easy to set up, you may as well do that to strengthen your application.

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  • H1 Visa revoked. Is it still CAP exempt?

    My company went out of business two weeks ago and my H1 visa was revoked yesterday. I got a new job offer and asked the new employer to file for consular processing. I am leaving the country in 4 days to further not accumulate out of status days. ...

    Ian’s Answer

    If you had an H-1B visa and obtained it when you were subject to the Cap, you are not subject to the Cap for your new application if you change employers or apply for another H-1B visa. The new H-1B would be processed through a completely new application and once approved, you can go to the Consulate and get your visa stamp. This assumes you actually worked for the company you are talking about since October 1st.

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  • H1B visa got selected . But withdrawn by employer before Approval.Any hope , is my petition still valid.

    Hi Everyone , My H1B visa got selected in April 2015 lottery . I was waiting for Approval . But when I checked my visa status , I was shocked to see the status " Withdrawal Acknowledgment notice was sent " . Is there any hope still . Is ...

    Ian’s Answer

    Have you spoken to your employer? The USCIS status is at times incorrect but if they withdrew the petition, then you are out of luck.

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  • I am 18 year old L2 applicant. Will I be able to get my L2 visa done. What should I answer if asked what I intend to do in US

    My mother is moving on L1 by mid of this year and will get her Green Card done in 6 months after she moves. Is it advisable that I do my under graduation in US on L2 visa or on F1 Visa. Since she will get her GC, I can also get my GC done early. ...

    Ian’s Answer

    • Selected as best answer

    I agree with what is written above. L status permits dual intent so you can even say your plan is to get a green card. As you will have a green card, you will not need OPT.

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  • Can you re-use H1B job advertisements when applying for EB2 within 18 months? (a person with H1B now applying for EB2)

    Can you re-use the job advertisements used for H1B filling for EB2 PERM within 18 months since the job was offered?

    Ian’s Answer

    No..the job ad should be current and has to be evaluated to meet the perm requirements as they are different from H-1B.

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  • Can I go back to F1 Status during O1 visa process is pending?

    I applied O1 VISA before my OPT ends. it is still in process. But I want to terminate visa process and going back to school again as a student. I have valid visa till 2018. Does My visa expires in O1 visa process? Can I stay in country with new I...

    Ian’s Answer

    Yes..no issue with getting a new I-20.

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  • I have a pending petition file in usa but i want to travel usa to meet my boyfriend so can i apply for b1/b2 visa?

    i have already once rejected from india as they told the reason of my pending petition file.can get the visa if i apply from canada as i am a student in canada.if yes what can i give as a strong reason.

    Ian’s Answer

    We would need more of a description to answer this. eg. which petition do you have pending, more specific reason for denial (eg. immigrant intent), etc.

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  • Changing my status from b2 to L1 or e2 .

    I will change my status from B2 to L1 or E2 . But i m not going to apply right now. Beside i don't want to waste time until i apply, so that my 1ST question is, If i open my company (corporate) right now, do you think will it be a problem for me w...

    Ian’s Answer

    The answer depends on your goals. If you change from B to E, you cannot reenter the U.S. if you leave unless you process a new application at the consulate. Also, if you open a company on B, you cannot work there until the B or L visa is approved. (and for an L you need a company in another country).

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  • What kind of investments could an illegal immigrant do in US?

    What kind of investments in US doesn't concern a person's legal status? I know jobs require legal status, are there any investments an illegal immigrant can do to make a living in NY for example? Can you open your own business? Trading stocks? In...

    Ian’s Answer

    I agree with my colleagues. Working in the U.S. is not permitted unless you have a visa and passive investments are tough without a soc. sec. number.

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