-- Q&A 8/23/06--
Q- I have an I-94 card valid up to September 3, 2006. Yesterday my H-1B extension petition was filed. Now I'm urgently going to my native country for 10 days. Can I withdraw my extension petition and after my return file my extension petition? I will return August 30th.
A- You should check with the attorney handling your case, but you can travel while an extension is pending. When you return, you will be issued an I-94 valid until September 3, and when your extension is granted after your return, it will be valid. If it is granted before your return, you would need the original upon your return in order to get the new expiration date.
Q- I have a few concerns that you may be able you can help me with.I have a F-1 student visa to student school in the U.S. However, I would like to apply for permanent residency for NYS. I am oringially from Ontario, Canada but have been in NY for more than 1 year and rent an apartment. Can you tell me if it is possible to obtain permanent residency? Please let me know.
A- In order to file for permanent residence, you have to have a close family member who is a U.S. citizen or permanent resident to petition for you; or you have to have a qualifying U.S. employer who is willing to sponsor you. A basic overview of employment-based immigrant categories is available on our website.
Q- I have a question about my student visa. I am applying for an F-1 student visa but my father is a US citizen and he submitted my I-130 petition. Am I eligible for an F-1 visa or not?
A- Most consulates will not issue a student visa if an I-130 has been filed.
Q- I just would like to know what happens at the interview and what they will want i just finished up my wifes cr-1 petition she is in the philippines,nvc sent the packet to the embassy her interveiw is september 5 nvc scheduled it i would like to know what she should expect an do i need to be there for it an how long it usualy takes for her to get the visa thank you
A- At the interview the consulate can ask questions about any aspect of the materials you have submitted and will want to see proof that your marriage is bona fide (proof of shared life, wedding photos, joint accounts, emails sent back and forth, etc.)
Usually immigrant visas are issued within a day or two of the interview but the timeframe varies from consulate to consulate. We do not have recent experience with the US Consulate in the Philippines, so your best course of action would be to contact the consulate to inquire on this issue.
Generally speaking it's best if a petitioning spouse can make it to the consulate interview as it tends to show the marriage is bona fide. You would need to ask the consulate whether you are required to be there.
Q- I am currently under the H-1B status. I have a Masters Degree as a Statistician. Am I eligible to file LC under EB-2?
A- Yes, you would be eligible for EB2 classification if your I-140 petitioner is offering you a job that requires your Masters Degree.
Q- I am on an H-1B visa that expires in January 2007. My PERM was filed (EB3 from Canada) and approved 05/06. I-140 is filed and pending. If I-140 is approved before January 2007, can I file to get a 3 year extension with I-140 approval but LC not filed 365 days prior to H-1B expiration?
A- Yes, under section 104(c) of AC21, you can get a post 6th year H-1B extension based on approval of your I-140 and unavailability of a visa number, regardless of how long your labor certification or I-140 were pending.
Q- I am a Canadian Citizen and am a professional engineer who has been recently offered a job in Hawaii. I will only accept the job if my common-law partner is able to come with me and work in the USA. She is a non-professional with a Bachelor of Arts degree. Is there any visa out there that would allow her to work in the USA for a period of approximately 1 year? Is there any way a company can sponsor her to work for them temporarily for about 1 year? Is there a restriction on what types of work she can do? She is considering Office Administration.
A- Because Canadian law does not grant full marital rights to a common law couple, U.S. immigration laws will not recognize the marriage as legal and will not grant spousal immigration benefits to common law spouses who acquire quasi-legal marital status in Canada. However, the U.S. has a long standing policy of permitting domestic partners to accompany long-term nonimmigrants to the United States in B-2 status, provided that the cohabitating partner can prove that:
1.) Her primary purpose in coming to the U.S. is to accompany you; and
2.) She does not intend to work while in B-2 status. (Unfortunately employment is not authorized. The only way she would be able to work is if she also has a job offer in the U.S. that would qualify her for her own employment-authorized nonimmigrant status).
The period of time for which your partner is authorized nonimmigrant status will correspond to the period of stay authorized for you, including extensions of your stay in the U.S.
Your partner must establish that she has a residence abroad which she has no intention of abandoning, for the duration of stay in B-2 status. Customs and Border Protections officers at ports of entry are particularly stringent on the requirement that the accompanying B-2 partner prove that she has an actual, physical residence abroad which she has no intention of abandoning.
Q- My husband entered America over a month ago from Australia on a permanent residency visa. We were told it only takes around 3 weeks and he should have his social security number, but so far no number. Then we were told after 30 days we should receive a welcome package and then the social security number will be coming shortly after. My question is, is it common for the welcome packet and social security number to come later than the 30 days that immigration says it should be here? We need the social security so my husband can work. Thanks for your time.
A- Your husband can go to a Social Security office and fill out form SS-5 to apply for a social security number using the I-551 stamp (green card stamp) in his passport. He should be issued a number right away.
If he doesn’t receive his actual green card in the mail within 60 days of entry he should call 1-800-375-5283 (this is the number for USCIS) to inquire on the status of the I-551 “green card.”
Q- I am on my 7th year H1 and my labor has been filed. The project I was working has been discontinued and my company will not extend my H1 for the eight year.
My wife is also on H1 but is currently in her 4 year.
Can I change my status to H4 dependent since my wife still have 2 years left on her H1 petition. This way, I will be able to continue to live in the US with my office.
A- Yes you can change status to H-4 as your wife’s dependent and remain legally in the United States as long as she maintains her H-1B. However, you will not be able to work in the U.S. in H-4 status.
If you find another employer willing to submit an H-1 and your labor certification remains pending, contact us for further information.
Q- I am a nurse in India and have a following question:
There are 3 important stages in the immigration process:
1. I-140
2. DS-320
3. Embassy VISA interview
I wanted to understand that is it possible to transfer the petition to a new employer after the approval of each of the above stages from the old one and what are the timelines to do so.
A- Change of employers at any one of these stages would require starting the process all over again.
If you are in the US and an employer is able to file an I-140 for you and you file an I-485 adjustment of status (rather than using consular processing), then you may be able to use portability to change employers without having to file a new I-140. See our article on portability at http://www.usvisahelp.com/art_
