H-1B Visa

H1B Husband Doesn’t Want H4 Wife to Take Kids to India

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I am H1B working fulltime for one IT company. I have two kids One Daughter (7th Grade) and Son(Kindergarden).My wife wants to go back to india along with kids for which I am not interested due to career growth of my elder child. my question, Can I stop legally my kids go back to india. I am not bothered about my wife. Let her go toinida.

This isn’t really an immigration issue, it is more of a family law issue. In order to prevent your wife from taking the kids to India, assuming you are located in Illinois, you’ll need to petition the Circuit Court for custody of the children. Then you will have authority over where they will reside.

Marriage Green Card for Foreign National Working for US Firm Abroad

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I am an american citizen,I am getting married to a Mexican woman on may 2011. My question is: she works for an American company down in Mexico. after we get married in may she is coming to the US with a work visa, would we have any problems if we put the application for a green card while she is working with a work visa?

There may be some issues with immigrant/nonimmigrant intent depending on the type of work visa she will obtain (TN v H1B or other) but we can help the both of you resolve this issue and any others that may arise.

H1C Visa

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My brother an experienced registered nurse from Iran, getting his p.H.D. in business administration in Malaysia is interested in migrating to the U.S.A. I came across the H1C visa and your firm, I would like to get some info and if it is possible get the case going.

Unfortunately, the H1C visa classification expired on December 20, 2009 and has not been renewed by Congress. We expect this category to be extended but in the meantime, your brother may be able to obtain an H1B visa as a nurse if he is able to work as a specialty nurse or in an administrative capacity.

H1B Renewal While Adjustment of Status is Pending

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I am now in an H1B status and it will expire in a month. I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. I also have an EAD card which is valid for another 9 months and I know I can extend it. Do I still need to extend my H1B visa?

It is likely in your best interest to extend your H1B unless you have already used your EAD to work for a different employer. If, for some reason, your I485 is denied, it is good to have your H1B as a backup. Otherwise you would be out of status if the I485 were denied.

Notice of Intent to Revoke H1B Visa

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Hi, I was previously your client. You got my first H1B approved and then I had another firm apply for my current H1B. I recently got a notice of intent to revoke my H1B and I’m started to freak out! I last entered on an H1B that expires in a month and my I94 is now expired. Can you fix this for me?

Yes, we can absolutely help you. We can respond to the NOID with USCIS and take you to CBP and have them issue a new I94 for you. While there will be risks involved, I feel we have a very good chance of getting you through this.

H1B Visa Application while I-140 NIW is Pending

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I’m currently on OPT and I just got a job offer. The company is willing to sponsor me for an H1B visa. I have a pending I-140 through NIW. Can I apply for an H1B visa while my I-140 is pending.

Certainly. An H1B Visa allows the applicant to have both immigrant and nonimmigrant intent so you may apply and obtain an H1B visa while you have a green card application pending.

O1 Visa Self Sponsorship

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I would like to know if it is possible to incorporate my own company to sponsor me for a O1 visa? I spoke to one lawyer and was told I can sponsor myself as long as I have strong reference/creential letters. Another lawyer I spoke with told me that I cannot incorporate on my own and self-sponsor. So who’s right?

While it is true that O1 visa beneficiaries cannot self-sponsor, if the position is one that traditionally involves self-employment, you may be sponsored by a US agent rather than an employer. Moreover, USCIS has recently taken a tough stance against self sponsorship in the H1B visa area and is likely taking a strong stance against other visa types. It would be risky to self sponsor in this environment but a case could be made and even approved. They certainly have been in the past.

Change of Status From J1 Visa to H1B Visa in the US

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Hi, I have a J1 visa and am a trainee with a Hotel. I want to change to a work visa like H1B but my J1 sponsor told me that I can’t change to H1B. Why is that? Do I need a J1 waiver? My paperwork says that I am not subject to the home residency requirement.

Regardless of what your paperwork reads (the J1 visa or the DS-2019), you may still be subject to the two year home residency requirement. However, if you are not subject then there is no restriction on applying to change your status to H1B or other visa type regardless of what your program sponsor tells you. Most program sponsors do not want people to change their status in the US because they believe, incorrectly, that they may lose their ability to sponsor J1s if too many J1 visa holders do not return to their home country.

Employment During a Change of Status From H1B Visa to O1 Visa

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I am a physician from India. I currently have an H1B with my current employer and I have a pending O1 visa application with another employer. My lawyer told me that when my H1B expires that I can continue to work as long as my O1 application is pending. Is that right?

No, that is not right. Once your H1B expires, you will have to wait for the O1 to be approved. You may remain in the US pending the adjudication of the O1 but you are not authorized to work. I recommend filing an application for premium processing as soon as possible.

H1B Visa Extension Beyond the Six Year Limitation

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I’m currently working with a H1B and it will expire soon so I can get a extension? I already have 6 years as H1B and I have labor certificate and my company filed I-140. Can I get a extension?

Yes, you will be able to extend beyond the 6-year limitation. A Section 106(a) extension allows extensions in one year increments where you have a labor certification/PERM, I-140 or employment based adjustment application filed at least 365 days prior to the expiration of your current H1B visa status. In you case though, it would probably be in your best interest to premium process your I140 and get that approved. Then you qualify for a Section 104(c) extension which would allow you to obtain a three year H1B extension, provided that an immigrant visa is unavailable due to per country limitations.