--Q&A 8/16/06--
Q- I currently work in México for a US Company, my post is Director of Latin American Sales, the company wants to relocate me to California. What are the requirements and is this really an option?.
A- An L-1 visa may be an option if the following conditions, among others, are met:
1. The US office is an affiliate, subsidiary, parent, or branch office of the Mexican company at which you currently work; OR you have been employed at a Mexican branch office of a U.S. company; OR you have been working from a home office for a U.S. company and the company does business in at least one other country besides the U.S.;
2. You have been working in an Executive, Managerial, or Specialized Knoweldge capacity for the Mexican company for one continuous year in the past three years; and
3. You are coming to the US to work in an Executive, Managerial, or Specialized Knowledge capacity.
If you are a citizen of Mexico or Canada, you may also qualify for TN status, if your job fits in one of the TN categories. (It is impossible to tell from a job title, as it is the job duties that are determinative).
For more information on L-1 and TN nonimmigrant categories, see our website.
Q- I have Valid L1-B Visa. My work Permit is till March 2008. But My L1b Visa expires in July 2006. my Question is - Can I renew my L1 B Visa before July 2006? Is there any problem in renewing the Visa if the VIsa is still Valid? If answer is yes - then if my Visa Renewal Appliaction gets rejected then will my previous visa which is valid till July 2006 will also get cancelled?
A- You can renew the visa prior to the expiration date of the current visa. The old visa will not be revoked unless the new visa application is denied due to a ground of inadmissibility for which a waiver is required or for which no waiver is available; or if you are not a Canadian or Mexican citizen and you apply in Canada or Mexico.
Q- I have arrived in Florida, 2 weeks back for the first time on L1 and need an urgent help on the following. In the I 94 I received at the port of entry (Atlanta) to US,in the family name part I mistakenly put my whole name (first and last names) as my first name. Now while I told immigration officer about this at the port of entry she did not bother and stamped on I 94.
Now I have got my SSN and there the name is showing incorrectly, as was stamped on the I-94. Please advise what I should do in this situation.
A- You can go to any port of entry or Customs & Border Protection Deferred Inspection office to get your I-94 corrected. They are responsible to correct it since they made the error. See attached memo.
After it is corrected, you will have to go back to Social Security to get a new Social Security card. You should wait until 10 days after your new I-94 is issued to get the social security card corrected. Social Security must electronically verify your information with USCIS and their database is not updated for about 10 days after I-94 issuance.
Q- I'm working as an RN in Chandler Regional hospital AZ, USA. I came from India with my husband and child to USA on Nov 15 of 2005 in the EX IV category. So far I have not received any welcome notice or Green card . My friends ,who came with me got green card. Please consider the above and help me to get my green card as early as possible or give advice to do further to get it.
A- I assume you received an "I-551" stamp in your passport when you entered the U.S. on your immigrant visa. It should contain your "A number".
You can call USCIS at 1-800-375-5283 to inquire about the status of your "Form I-551 Permanent Resident Card." They should be able to follow up on it. Make sure you have your passport and A number ready to give to USCIS when you call.
Q- I am currently on H1 b ut will attend school in July and have filed change of status to F1. I will need to leave my job at the end of March. I just heard that USCIS requires (in a June 2004 memo) that applicant remain in H1 status until 30 days prior t o beginning of studies. Is there such a requirement? If I have to leave my job at the end of March, can I still stay in US and begin studies in July even before USCIS approves the change of status (assuming USCIS does not ask for pay stubs)? If USCIS denied
change of status, do I need to stop studies and leave?
Is the employer required to notify USCIS when I leave the employer (I heard there is no penalty if employer does not file this notice)? If the USCIS approved my change of status, and then process the notification from employer, will they revoke their a pproval of change of status? When USCIS
processes the notification, will they send me a notice asking me to leave? If I don't leave until June (I will need to sit for an exam in US in June), will the time from end-of-March through June be considered o ut of status/illegal presence? How will this lapse of status affect my green card application in the future?
A- In order to qualify for a change of status, you need to maintain your current status up until the date on which your status changes. If your H-1B employment ends prior to the first effective date of your F-1 status, then you are not eligible for the change of status. Immigration regulations provide that the start date of F-1 status cannot be more than 30 days prior to the start date of the semester. Therefore, if your H-1B employment ends more than 30 day s prior to the start date of your F-1 studies (or at any time before the start date of your F-1 status), then you do not qualify for the change of status. Even if USCIS approves your change of status, and
then you quit working for your H-1B employer before the effective date of your change of status to F-1, you will have violated your status and will not actually be in valid F-1 status. Time spent out of status makes you ineligible for adjustment of status to that of a lawful permanent resident
in the United States.
If you know now that you are going to have to quit working for your H-1B employer in March, the legally proper way to handle the situation is for you to depart from the U.S. at the end of March, apply for an F-1 visa at a U.S. consulate abroad rather than applying for a change of status; and return to the U.S. on the F-1 visa when you are eligible to do so. If you need to
return to the U.S. in June to sit for an exam, then you would need to return on a B-2 visitor visa.
Q- My girlfriend has an ex-1 visa next year we will getting married what is the possibilities of taking me to the u.s?
A- If you get married before she enters the U.S. on her immigrant visa, you can accompany her to the U.S., or follow to join her in the U.S., as a derivative spouse. If you get married after she enters the U.S., she will have to petition for you as the "spouse of a permanent resident," or the Family Based 2A preference category, for which visa numbers are retrogressed. It could take four or more years for a visa number to become available for you to come join her in the U.S. as a permanent resident.
Q- I had an interview in December 2005 for adjustment of status on my I-485 and the officer congratulated me and said that I had to wait for FBI name checking. So how long do you think it will take to get the clearance?
A- There is no way to tell how long the security clearances will take. USCIS has no control over the process because it is done by outside agencies (FBI, CIA, etc.) We have seen it take anywhere from a few weeks to over a year.
Q- I want to apply for a b2 visa but I do not own a house i am renting. Is it necessary to own a house or can i still get my visa?
A- To qualify for a B2 visa you have to be able to prove you have a residence abroad which you have no intention of abandoning. It can be either rental property or a home you own. To show that you do not intend to abandon your residence, you can show a copy of the lease on your rental house; a letter from your employer stating that you are taking a vacation and they expect you to return; proof that you have family in your home country; and any other ties you can think of.
