Lisa Anderson

Hi to all VJ members!!!i have some question here ..answers and ideas will be very much appreciated....my fiance filed a k-1 last May 2013 and that time my fiance is jobless coz he just finished his college and jsut starting to find a job, but bcoz we really want to be together and know that the process will takes time so we decided to file it eventhough he dotn have job that time...well anyway ,now he is working in a good company...my question now... is der any possibilities that our k1 petitioned will be denied bcoz of him being jobless on the time dat he filed our pettion for k-1?

No. When you get scheduled for the interview, you will be required to submit an Affidavit of Support (I-134) from your fiancé. As long as he has a job when he files, it should be fine.

Here are the best guides to know about I-134 - Affidavit of Support:

I-134 Affidavit of Support - An Overview

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe3647a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Hi

I am just about to apply for an L1 visa to transfer to a parent company in NYC, in my spare time I have been working for a different LLC company as a freelancer.

Do I need to stop working for the LLC company should I get granted my L1 visa status?

Thanks

When in the U.S. on L-1 you can only work for your employer that sponsored the L-1. If you are performing work in the U.S. for which you get paid, even if it’s paid abroad, it could be considered work and a violation of your status.

Here are the best guides to know about L-1 Visa:

How to Secure L-1 Visa

http://www.uscis.gov/portal/site/uscis/menuitem.749cabd81f5ffc8fba713d10526e0aa0/?vgnextoid=87572d07e05a8310VgnVCM100000b92ca60aRCRD&vgnextchannel=87572d07e05a8310VgnVCM100000b92ca60aRCRD

My company, even though is a 12 bilion Fortune 200, has a very incompetent hr department when it comes to hiring foreign people.

In my team we need to hire an engineer and we found a very skilled Italian phd who is currently doing research as post-doc at an american unicersity on a J1 visa.

How is the situation with the H1 quota? Did they already run out?

If so, is there another way to hire quickly a highly educated and skilled foreigner worker already in the us on a J1 visa?

Thanks

1. The H-1B quota is full.
2. There are a few other options but the options depend on one very crucial factor- is your prospective hire subject to the 2 year home residence requirement? Many people doing research on J-1 are subject to a2 year home residency requirement. This means they can’t change to certain visa categories unless they go home (Italy in this case) for at least 2 years.

Get an immigration attorney to evaluate the individual’s resume and current status and he or she will be able to give you an assessment of options available to your company.

Hey Visa Journey,

to start off I am an American citizen and my fiancé is a Canadian citizen. We typically visit each other every 2-3 months or so, switching off who visits who. Lately, we've decided that we wanted to get married when she comes and visits me in August and we're not sure how to go about it. What we are planning is to get married, and then at the end of her trip she will go back home to Canada where we will continue to visit each other. We have no set date of when she would actually move to America, from what we've been looking at, we don't think we would need a fiancé visa because she doesn't actually plan on staying there for longer than the 6 months that is legally allowed. We plan on filling out the form for permanent residency while she still resides in Canada. Does getting married while she's in America mess with our plans of visiting each other every 2-3 months?

The two main things we are worried about is not being able to see each other after getting married and making the application process more difficult for her to become a permanent resident in the future.

Edit: Also, would it be easier for us to get married in Canada as opposed to the US since she's planning on moving our to the US as opposed to me moving out to Canada?

I’m sure you have a good reason as to why you want to get married soon but don’t want to live together right now. While it won’t make the application process any harder, it’s going to be hard to convince of a border officer of that fact, though, when she comes to visit. Once she is married, she will need to show that she doesn’t have immigrant intent when she’s coming in. If an officer asks if she‘s married and where is her husband, her answers will most likely result in her not being allowed to enter the U.S. If they believe that she really doesn’t have any intent on becoming a perm resident at the time of entry, they may let her in, but it’s a ####### shoot. This is regardless of the fact of where she gets married. I’m sure the same will be for you when going up to Canada (not sure though).

My friend ask me why don't you file I-129F! I always thought it would take longer then I-130 Spouse Visa! Anyone know for sure which one faster to get visa? Thanks all

Processing times vary and fluctuate. At the end of the day, the question do you want to get married abroad or get married here?

Hi guys!

My case is quite complicated since I do meet some of criteria for EB1 EA for arts and business as well. I was also thinking about opening a company in NY or SF bay, I could do that via E2, or L1 (connecting a business in my homecountry with one I would open in US) visa but I would rather go on EB1 EA. It would be much better for me to have some time working in the US,learning about the system etc., so I was thinking about applying for an EB1 EA but writting in a cover letter that I intend to open a business within a year or two, so that may increase my chances for getting approved.

What do you think about that?

Is there anyone that filed a pettiton for EB1 EA? Could you recommend a good lawyer?

Are you talking about the O-1? EB-1 EA is for green card. O-1 is the nonimmigrant version. You need an employer or agent to file O-1. You should do it through an attorney. Also, writing that you are intending to leave your employer and start your own business at some point is not going to make it easier to approve.

Hi,

Need some really urgent advise on this. I am applying for the L1 Work visa, however I have just a single name. since its mandatory to have a last name for US applications, can you please help me on the following:

1. How should I be applying for the visa? someone suggested "FNU XXX" where XXX is my first name which would be filled in place of the last name. Is that the right way to do so?

2. Should I be using the same name to apply for bank accounts, credit cards, SSN, lease etc?

Can anyone who has had such an experience please help me out or direct me to some set of policies I could look at?

Thanks a ton!

1. You must supply what’s on your passport.

Then, when you go to get your visa, if you don’t have a surname, the U.S. Consulate will list you first name as your surname and your first name as FNU.

2. Once in the U.S., all official institutions will follow what’s on your visa – which may cause problems. However, there are many individuals in U.S. in your predicament.

Suggest adding a surname to your name (maybe father’s name or surname or family name) and getting your passport amended to reflect the same. Will save you a lot of headache down the line.

My fiancee and I got married within 90 days of her entering on the K-1 Visa but it says in her passport that the visa expires tomorrow.

We have not filed the AOS papers yet because of financial issues. Is she going to be deported or something??? I read different things on every website I look at.

What do we have to do now that we are past the K-1 date? Which forms do we need to fill out exactly?

Please help.

Thanks,

J & G

She will not be deported, she can be deported. As of tomorrow, she will be out of status. If she is picked up by immigration (even through a routine traffic stop in some states), they could deport her.

You need to file her AOS application- which is the I-485. She should also apply for travel and work permit, I-131 and I-765. The forms can be found at uscis.gov

Here are some helpful links about AOS:

http://www.visapro.com/Immigration-Articles/?a=1598&z=36

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2da73a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=2da73a4107083210VgnVCM100000082ca60aRCRD

I recently got my H1B to F1 COS approved. I got approval notice by mail in which it has a start date of August 12, 2013. However, the I-20 that I submitted had a start date of January 2013 itself which was when I applied. I have also lost my job in May 2013 but am still in US since my COS application was pending.

1. Is this a mistake on USCIS side?

2. If so, can I file for an amendment?

3. If I file for my amendment, am I allowed to stay in the country until the amendment is approved?

Call USCIS Customer Service to find out if it was a mistake. Did you start studying already? If you didn’t, USCIS may have contacted the school to see when next term is starting since January is past. You might want to get in touch international student advisor at school to see what your SEVIS record says. They may have more insight.

Hi all,

I have a business visa to US, raised by my employer.

I had once travelled to US on business visit.

My visa mentions Visa Class as B1/B2.

Now I need to visit my sister in USA, for a personal visit.

Please clarify can I travel on the same visa to US, for personal visit.

Or do I need to make some changes or apply for a tourist visa seperately.

Thanks,

Peeyush

You should be able to travel to the U.S. as a tourist unless there is any notation on the visa that restricts, like a mention of your employer or the fact that the B-1 was in lieu of H-1B, or something like that.

Thanks for the clarification. let me put my question clear.

1) Currently on L1 for the past two years. Say if I apply H1B again saying I didn't use my previous H1 completely. Is it possible? my OLD H1B was expired on December 2007 itself. It is already 5 years past. It is possible to apply this visa in cap exemption.

2) You have mentioned that if I go back to H1B I will be getting only 6 - 14 months of H1B time - 2 years of current L1 time = only 2 years 10 months. I will be getting. Please correct me incase I am wrong

3) If I have to apply with in six years of last H1b and if it is not cap eligible. Can I apply H1B visa 2014.

1. In order to avoid the H-1B cap, you have to apply for H-1B “extension” within 6 years of having H-1B status. However, from the facts you presented, even though H-1B expired in 2007, the last time you were in the U.S. on H-1B was in 2005. This means you might not be eligible for H-1B extension and will need to go through the Cap.
2. If you were eligible for H-1B extension, you only get about 2 years and 10 months because all the time you were in H-1B + all the time you were L-1 has to be counted towards 6 year maximum.
3. 2014 is definitely beyond 6 years of having H-1B.

I have a question regarding the K1 interview and unemployment. I will be going for my interview in London in the next few weeks. My fiance is currently unemployed as he moved to a different State two weeks ago and is in the process of applying for jobs. His father is a co-sponsor for my K1 visa (he earns $100.000 a year).

My question is:

If my fiance does not have a job at the time of my interview, will it be a problem? Or will the fact that we have his father as a co-sponsor make up for it?

Thanks,

Lizzy

The fact that his father is a co-sponsor makes up for the fact he is unemployed. But make sure you have all the necessary paperwork ready- his father’s I-134, W-2, tax returns, etc.

Hello all, and thanks in advance. Assume my fiancé and I marry here in the U.S. tomorrow on her k-1 Visa (I wish; just a hypothetical). About how long would it take to get her EAD/AP card so we can go to her home country and visit her family and still get her back into the U.S.?

Is your fiancée here on the K-1? Then you must marry her in within 90 days of her entry. Your fiancée is eligible to file for the EAD as soon as she enters the U.S. She can only file for the AP simultaneously with the AOS.

My husband came on K1 Visa and he has been here for less than a month, but we are a bit strained on money at the moment so we can't afford to pay the AOS fee, I'm sure we can get money within the three months but i was wondering, will we get into some sort of problems if we do not apply for AOS within the 90 day period? We are already married and he will be applying for the SSN soon, so will there be any problems?

Thanks!

Technically speaking, once the 90-day period is over, you are considered out of status and become deportable. The earlier you are able to file the AOS, the better.

Here are some helpful links about Adjustment of Status:

http://www.visapro.com/Immigration-Articles/?a=1598&z=36

http://www.uscis.gov/USCIS/Resources/A2en.pdf

Hi,

I'm a Canadian student who is applying for an F1 visa currently and am pretty much enrolled at a college in the States. I'm concerned about my ability to come earlier than my F1 student visa allows; I know it's 30 days prior to when the classes begin. Now, what are my options if I wanted to come about 75 days prior to the actual start date? Could I come in as a tourist and tell the border patrol I'm intending on traveling and getting settled for a month (which I am), and then travel to Vancouver for a week, where after I would re-enter the US with a verified F1 student visa? Would that work? And if I need to apply for a tourist visa, how long would it take? How do I apply for one?

Thanks SOO MUCH!!!

Are you Canadian? Then you don’t need to get a visa and can simply enter the country as a tourist. However, if you are not a Canadian citizen, you need to apply for a B-2 visitor visa at a U.S. Consulate in Canada. If Canada is not your home country or where you are a legal resident, it may be more difficult to get the tourist visa in Canada rather than in your home country.

My husband is on H1 visa and is planning to sponsor visa for my mom who is in India. She is currently not working and is separated from my Dad. My brother is with my mom and is studying.

Could someone please tell me if it is going to be hard for my mom to get a B2 visa?

Also, please let me know what supporting documents can help her get visa?

In order to get a B-2 visitor visa, an applicant has to be able to show that they are really going to be a visitor in the U.S. They have to show they have ties to their home country that they have no intent on abandoning and that they will return to their home country after their visit. The fact that your brother is still at home studying is good evidence that she will return to home because she will want to return home.

Hi

I have an approved H1-B since 2008 and now got renewed in Feburary 2012. My Employer is holding my H1-B copy.He is neither giving me any employment opportunity in US since the time I got my Visa in 2008 till date nor responding to any of my calls and email. Despite niche certifications and good credentials he is not able to place me anywhere. He does not have any recruitment team nor he is willing to hire. The employer has not even filed W2 for me.I am currently in India.

1) I want to know ..Can I get a duplicate copy of H1-B / I-797 ( Notice Of Action ) from USCIS ?

2) If so, will it be valid to do an H1-B transfer to another employer.

3) Can I do an H1-B transfer with just the receipt Number ?

Appreciate your quick response

Raj

There is some information missing as you don’t say when you went back to India. This is important.

Technically, you may not have a right to the H-1B approval notice other than for appearing at a visa interview or proof of status when you’re in the U.S. If you are in India and he doesn’t want you to enter, then he doesn’t have to give you the approval notice. If your approval was granted while you were in the U.S., you did have a right to have it because it contains your I-94.

When you’re talking about W-2, it seems you were in the U.S.- did you speak with an immigration attorney or an employment lawyer at any time? While what your employer was doing is wrong/illegal, you were also responsible to make sure you maintained your status and by not working during the time you were here, you were accruing unlawful status. This can have serious repercussions on future applications.

So here is the scoop. I have been working in the US under TN status for the last 4 years. Each year I left and renewed the TN status...samer job, but the school has me on annual renewing contracts (boo).

Anyways, I was considering doing the "renewal by mail" option for my next year of employment. The issue is this:

• My current visa won't expire until August 13th, 2013
• My new TN status is scheduled to start August 15th, 2013 (or so)

My question is this...I am planning on doing a "roadtrip" across Canada from the 27th of june through to the 13th of July. Am I allowed to leave the US while my "renewal by mail" is pending???

Thank you for any information that cen be provided.

Technically, you should be able to travel while an extension of status is pending as you are returning before the new one takes effect. My question is why not get the new TN when you are returning from Canada and skip the extension process? You’ll get a TN for one year and a month if you show them your current contract and the contract that starts on Aug. 14 or 15.

Hi All

I am sure it is not related to this subject but I am hoping someone can help me out:

I am on TN visa and got married to US citizen. we filed for Green card but before getting even my EAD we decided to get divorce. I went for biometric though . Now my questions are:

1- is my TN visa status in danger? if i go out of the country and come back would they find out about my marriage?

2- what is the chance the border wouldnt notice if we remove the Adjustment status petition?

What should i do to keep my status or bring it back to normal?

It is highly appreciated your expereince and response.

Thank you

It might be worth it to at least have a consultation with an immigration attorney. You may need to leave and re-enter to really be back in TN status. When trying to re-enter the U.S. on TN, the issue is not technically the marriage, but the AOS. The filing of the AOS shows that you have immigrant intent, which you’re not supposed to have when entering the U.S. on TN. It is possible for a border agent to find out you have or had an AOS application and I-130 petition pending. Also, if they ask you, you have to answer truthfully.

Hello Experts,

I am currently on L1 and it is going to expire soon. I had H1B from 2002 to 2007 and I have used only 14 months of H1B visa during that period. I was in US from 2002 to 2003 for 3 months and 2004 to 2005 for 11 months. Also during my second visit I got extended my visa till 2007.

I have following questions. Please help me to find the answer.

1) Is it possible to recapture unused time of my old expired H1B?

If yes please answer the below questions.

2) Can this be recaptured by a new employer(old H1B petition was filed by different employer)?.

3) When can I apply for recapture?. Current H1B visa cap already closed. Should I need to wait till Next april? Can this be done anytime?(Note: My current L1 expires by Feb 2014)

4) Considering I am on L1 and stayed in US for past 2 years. How much time will I be able to get back?

a) 6 years -14 months(h1b used time) = 4 year 10 months

( or )

b) 6 years -14 months(H1b used time) - 2 years( L1 visa Stay) = 2 year 10 months

5) what are the documents required to apply for recapturing old H1B unused time?

Note: I have my old approved petition copies,my passport with travel immigration stamps detail but I don't have old air ticket or boarding passes. Is it mandatory to submit air ticket or Boarding pass ?

Are you asking if you can recapture H-1B time to go back on H-1 B or recapture that time to extend your L-1? If you want to go back on H-1B, you need to apply as soon as possible as you have to apply within 6 years of being in H-1b status. If you do go back on H-1B, your calculation in 4(b) is right- you have about 2 years and 10 months left as L-1 time and H-1B time count towards each other.

If you want to extend your L-1, you can argue that you are entitled to full 5 (L-1B) or 7 years (L-1A) if you left the U.S. for more than one year after the last time you were in H-1B.

Hello guys! I've been searching and searching this K1 forum about my problem to get answers but couldn't seem find a topic with the same exact concern I have. Anyway, my petition for my fiance has been approved last June 13 and today I received my NOA 2, we are very excited but I'm very concerned about the fact that I still live with my parents, though I meet the annual income requirements(last year I made a little over 22k), worked at the same place for 5 years now and just graduated an Associated Degree(if it matters). My dad was also telling me that I barely pass the poverty guideline which adds up to my worries. My dad is willing to co-sponsor for us, but do I really need one? Plus, it was stated that the Manila Embassy doesn't allow co-sponsors. Please help? Thanks so much in advance!

You must meet poverty guidelines in order to sponsor a family member or fiancé to come to the U.S. It’s not really a concern by how much you meet the guidelines. And, there’s no rule saying you can’t live with your parents. Many people in the U.S. now do because of the economy.

Just wish to inquire. I will be going to US ona B1 visa. Is there a way for me to apply for an F1 visa in the course of my 6 mos stay there? need enlightenment. tyvm

Your intent when coming to the U.S. must be to be a Business Visitor. While you can technically change status to F-1 while you are in the U.S. on B-1, even the act of inquiring into schools too early (before at least 60-70 days after entering) can result in a denial of the application. Schools record when foreign nationals inquire into studying at their institution and this is reported to immigration.

Hi my wife is a USC my I-130 has been accepted and I am hoping it will be approved soon.

We currently live in Mexico. I was hoping on moving with my b1/b2 tourist visa, as soon as my i-130 is approved and wait there for the interview at ciudad juarez? I have always entered the US legally I dont have any overstays and have never been deported or been in trouble with the law.

Is it a good Idea to move or should I wait untill after the interview? Could I be denied at the interview?

Thanks

You may be denied entry into the U.S. since the I-130 has been filed. They will think you are trying to enter just so you can finish your green card processing in the U.S. instead of Mexico, regardless of what the real reason is and it may be very difficult to convince them of otherwise.

I have a H-1B Work/Professional Visa and a social security number and already live in the United States. I recently married an American Citizen. My wife and I are starting the immigration process to change my Visa status to a green card. I am an Irish citizen with an Irish passport. Any help with how to apply for a green card after already living in the United States is greatly appreciated!!

You need to file the Immigrant Petition (I-130) and Adjustment of Status Application (I-485). You may also need to file applications for Employment Authorization (I-765) and Advance Parole (I-131). You may want to contact an immigration attorney if you need more guidance.

Hi All,

I have a doubt regarding the affidavit of support which I need to submit during my K1 visa interview.

As per my understanding, for K1 visa, the affidavit of support form is I-134. But in Mumbai US embassy site, they mention to submit I-864.

Please let me know which form I need to carry for my K1 visa interview, I-134 or I-864

Regards,

Vysakh.

Normally, the I-134 is required for the K-1 visa. However, you should submit the form specifically requested by the Consulate. The U.S. Consulate will inform you about the list of forms and documents you need. If the consulate tells you to take I-864, then take I-864.

Here are some helpful links about I-134 and I-864:

http://www.visapro.com/Immigration-Articles/?a=1335&z=36

http://travel.state.gov/visa/immigrants/types/types_2994.html#8