Archive for July, 2012

LPR Travel Outside the US for More Than One Year

I’ve held my green card since 1995. I was recently laid off due to the slowing economy and am considering moving back to England. I don’t know if I will return but I would like to keep that option open if I do decide to come back. What can I do? In order to maintain your permanent residency […]

Company Relationship Requirements for the L1 Visa

I have a B1 visa right now and I am in negotiations to purchase a US company. I have a company in Brazil that is looking to expand and found some opportunities here. What kind of visa can I get if I buy this company? If you have worked for the Brazilian company for one year out […]

Posted on July 25, 2012 at 7:07 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: B-1 Visa, L-1A Visa, L-1B Visa · Tagged with: , ,

H1B Approved but Change of Status Denied

I think my lawyer screwed me up. He told me that my H1B was approved but in the I-797C, it says that my change of status was denied! Can I appeal this? Yes, this may be something that should be appealed but without more information about you case, I don’t see any evidence that your lawyer made […]

Posted on July 25, 2012 at 7:06 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: Cap Gap, H-1B Visa · Tagged with: ,

Marriage Green Card and School

I am currently on a F1 visa and am going to school at University of Indiana. My boyfriend and I are getting married and I want to apply for green card. Do I keep my F1 visa or can continue without? Most schools will allow admission with evidence that you have filed your Form I-485. It is a […]

Posted on July 21, 2012 at 8:33 am by Immigration Lawyer Peter Messersmith · Permalink · One Comment
In: F-1 Visa, Marriage Green Card · Tagged with: ,

E2 Visa Investment Requirements

I have $100,000 to $200,000 to invest in a new company. Is this enough to get E2 visa? Immigration law does not identify a specific minimum required for an E2 investment visa. However, in our experience an investment of less than $50,000 will not be approved and an investment less than $100,000 may be difficult depending on […]

Posted on July 21, 2012 at 8:31 am by Immigration Lawyer Peter Messersmith · Permalink · One Comment
In: E-2 Visa · Tagged with: 

Voluntary Departure vs. Removal

My husband just received a Notice to Appear (NTA) and is being deported. I heard that he can get voluntary departure and come right back in. Is that true? It is possible. However, if your husband is removed, he will be barred from entering the US for ten years unless he can obtain a waiver. If he is qualified […]

Posted on July 19, 2012 at 2:24 pm by Immigration Lawyer Peter Messersmith · Permalink · One Comment
In: Deportation, Removal · Tagged with: ,

H1B Visa and H4 Visa Extension

Is my H4 extended automatically when my husband extended his H1B? I’m worried because he got a new I-94 card when he extended his H1B but I haven’t gotten anything. An H4 visa status application may be filed concurrently with an H1B status application but they remain separate applications. If you did not file your own application […]