Skip to main content
Laurie Ann Bonilla

Laurie Bonilla’s Answers

4 total

  • Can I get H1-B even if my J-1 visa requires me to stay in my home country for two years?

    I came to the U.S. in 2007 on J-1 visa as an exchange student to American hight school. The J-1 visa on my passport says that I have to stay in my home country for 2 years (212-e). Directly after finishing my exchange year (June 2008), I went to...

    Laurie’s Answer


    I checked on this and you can only get an H-1B by obtaining a visa outside the U.S., not a change of status. With the time that you have on OPT, I would suggest that you obtain a waiver now so that you have more flexibility in the future to change status or adjust your status to permanent residence.

    See question 
  • After moving from H1b to H4, do I need to go through the full H1b process when finding a new job or continue my old one?

    Started as j2 visa holder in the us and moved to h1b, than lost my job and became H4 visa holder (h1b dependent), now I have an offer and need a new H1b, do I go through the same H1b process I went through the first time of am I just continuing ...

    Laurie’s Answer

    Yes, you do need to go through the H-1B process all over again. However, you have already been counted against the annual cap, so you can change status without waiting until April 1. You can start your new job as soon as you receive the approval notice. You cannot "port" and work based on the receipt alone because you are seeking a change of status. Please contact me if you would like me to handle the case for you. Thanks!

    See question 
  • My husband got a new E3 visa for the new employer. Do I need to apply for the new E3D?

    My husband got a new E3 visa for the new employer in October 2012. But I have the old E3D which I got in December 2011 with him, with the old EAD card. Do I need to apply for the new E3D, that is compatible for my husband’s new E3? I’m planni...

    Laurie’s Answer

    • Selected as best answer

    You have a dependent visa which is not tied to an employer like your husband's. Therefore, as long has he has valid E-3 status, your status continues. You do not have to extend your status or apply for a new E3D until your visa is close to its expiration date. So if your visa is valid until December 2013, you can use it to travel until the expiration date. Your EAD is also valid until it expires. I would suggest applying for a new EAD four months before the expiration date.

    See question 
  • I hold a Ph.D. in Computer Science and I am seeking GC under EB-1.

    I graduated last May and currently work for a multinational company on some cutting-edge technologies. My position/work is not pure research, but, involves 'some' research and more development. I hold a Ph.D. in Computer Science and in a very seni...

    Laurie’s Answer

    Hello Srini,

    There are a variety of paths for you to explore based on your situation. Please contact me to discuss them in a free thirty-minute consultation before October 5. 650.903.2232. Thank you!

    Laurie A. Bonilla, Attorney at Law

    See question