My Mother has Visitor Visa for USA valid for 10 years and she is with us now in USA. At POE , she got I-94 valid for one year(not 6 months). 1. Since I-94 is given at POE for 1 year, can she opt to stay for 7 months during her current visit ?
It is highly unusual that her I-94 will be valid for 6 months on B2 status. It could be a glitch in the system or mistake on the part of the officer. As such, I would be cautious in taking advantage of that. But if we assume that she has indeed been admitted for 12 months, and if she stays 7 months, she is not in violation of her immigration status technically. However, it may make it harder for her next time she returns to the US, because the immigration officer may question why she stayed such a "long" time last time. The general rule of thumbs is not to stay in the US on B status for longer than 6 months consecutively or 6 months in the aggregate in any calendar year. One may also become a "tax resident" in the US for staying over 6 months in a given year. I am not a tax lawyer so my understanding of it is limited and would recommend that she looks into it. Good luck.See question
I had a J- Visa sponsored by the Brazilian Government. I am subjected to the years rule according to my visa. I went back to the US again, now with a tourist visa, and I plan to stay for 5 months, go back to Brazil and wait until the end date of ...
No, your current stay in B status does not cause problem "per se" for your K1. However, the 5 months you spend in the US does not count towards the 2 years you need to spend in the US, unfortunately. You may try to investigate a waiver to the 2 year residence rule based on "no objection letter" or if you are married to a US citizen, "hardship" waiver. Good luck!See question
I spent 3 years learning ESL and 2 weeks ago they terminated my I-20 for the second time. Now I back home and I want to get a new visa from a new I-20.
Yes. Unfortunately. The visa officer would be wondering why you were not able to maintain your status. If there was a legitimate reason for what happened, you should be prepared to discuss and provide proof.See question
I am staying with the same employer from beginning. Employer filed H1B ext and after RFE it got denied and went to out of status. My H1B ext denied on 17th Sept 2015, My I797 expired on 19th Sept 2015. Immediately my employer filed ne...
The other attorneys' responses are correct. You are "out of status" and should leave asap to apply for an H1B visa in your home country to return to the US. Be ready to talk about what happened and that you acted in good faith and did not work without authorization.See question
i had my extension of h1b approved in firt week of OCT 2015 and awaiting hard copy of approval notice through mail.
Our experience has been about 2 weeks.See question
i got married december,19,2013.and i got my 1st green card in september ,27, 2014,and in June 2015 i need to send my documents for 2nd green card.i wanna know if i can straigh apply for citizientship,bcs it"s gonna be almost 3years im in marriage....
If you got your conditional green card on 9/27/2014, you would not be eligible to submit the I-751 application to remove the condition of your residence till approximately 6/27/2016. If your I-751 is still pending when you become eligible to apply for citizenship, you could submit the N-400. However, USCIS will not approve the N-400 without first approving the I-751. Your timing seems to be off a little bit and I suggest you check with an immigration lawyer to work it out. Good luck.See question
I know that H1b premium processing fee and couple of other fees besides attorney fee could be paif by employee; what about differnt fees in Eb2 green card fees process, perm, i-140, i-485, etc and attorney fee? could any fee be paid by employee? I...
Agreed with the answers. You just cannot pay for any expenses associated with the PERM process. I personally like to speak with the employees directly to understand their background and skill set, as long as the company allows it.See question
I am from India and I am on H1B work visa sponsored by company A. Company A started my Green card process. My I 140 is approved in February 2015. And my priority date is in september 2013. Now I have an employment offer from company B. Company B...
While this decision does not necessarily affect you, and you are still portable regardless of whether your employer withdraw the I-140, I am concerned about this decision and what it may lead us. We represent a lot of employers and employees and we are seeing that employers are getting dissatisfied when the employees that they have sponsored would just leave, after the employer has invested in a lot of money in them. It is true that it is a free market and employment is at will. Mobility in the job is kind of a hallmark in the US economy. Yet, we can understand why employers are getting upset. We are only fortunately that this case was a non-precedent decision. Let's hope that it does not get worse.See question
I have written the District name instead of the City. Is this very serious mistake? How to correct it now as the Embassy interview has already been scheduled for first week of October 2015. There are 13 cities in my district.
Agreed. Not a material error. The country of birth has to be correct, which is the case here. Point it out to the officer at the interview and you will be fine.See question
Hi all, Have an urgent query from L1 to H1 B 2016 Came on L1 B from Company A valid till 2016 Applied for H1 B from Company B in 2015. Got picked in lottery and approved. Have a couple of queries : a) can I continue t...
Indeed, if you have a "change of status" from L1B to H1B. Your status will change on 10/1 to H1B and you no longer have work authorization with company A. The fact that you mentioned that company B may not be able to start you if it does not have a project makes me wonder if the job offer was valid at all. "Benching" is not permitted by an H1B employer. You should consult with an immigration attorney.See question