My J status expired and I am in the middle of my 30-day grace period staying in the US, can I apply to change to other nonimmigrant status at this stage?
Although I am unaware of any specific statutory authority, USCIS regularly issues approvals for change of status application filed during the J1 grace period.
I’ve attached my CV for you to review to see if I’m qualified for NIW. I have one issue. I don’t really get along with my boss. If my boss is not willing to write a strong letter of recommendation for me, can I still have a successful NIW?
While it is certainly helpful to obtain a letter from your boss certifying that your work is in the national interest and that you are playing an important role, it is not mandatory. In fact, under the NIW category, a job or job offer is not even a requirement. Evidence of your accomplishments in the field and other letters from your peers can be used instead.
How can an entity apply to become a J-1 program sponsor?
In order to become a J1 program sponsor, an organization must file an application with the US Department of State to become certified. Once certified, they may issue Form DS-2019 and sponsor foreign nationals for J1 visas. For more information about how to become a J-1 program sponsor, please contact us at 305-515-0613 or email us at info@messersmithlaw.com
I’m a researcher currently working at Yale. I have numerous publications and hundreds of citations. I believe that I’m qualified for EB1-EA. My boss is also agree to sponsor me through EB1-OR. Can I file both EB1-EA and EB1-OR at the same time?
Yes, many of our clients who qualify under two or more categories, choose to make multiple filings. There is no limit on the number of I-140 applications you can make. However, there are important difference in EB1A and EB1B. You may be able to establish one but not the other. Please send us a copy of your CV and we can help you make the correct choice.
My husband was a green card holder filed AOS based on 245(i) for me on April of 2001. My husband died recently and I went to USCIS office in Houston to ask for an AP to attend husband’s funeral abroad. I was told that my AOS application was denied since the petitioner-my husband, not a USC, died. I was also told to file an I-360 as widower. Is this the correct route to follow?
No, widow self-petitions are only available for spouses of US citizens. We may be able to get your I-130 reinstated and appeal the adjustment denial. If you need our assistance, please feel free to call our office at 305-515-0613 or email us at info@messersmithlaw.com.
I work for a company that has an office in Chicago — our main office is in Athens. They want to transfer me to our Chicago office but I wonder if it will be possible! The main company is profitable but the Chicago branch is losing money! Will it be possible?
Profitability is certainly one factor to determine not only the personnel needs of the branch but also the company’s ability to pay your wages. In many cases, foreign company’s with US branches will assign US based profits overseas to avoid taxes. We must take into account the totality of the circumstances and look at other positive factors that will support your application. We’ve handled many similar L1 visa applications and have been able to secure the visas. It can be dealt with and approved.
My L1A visa application was just approved and I need to go to the US Embassy in London to get the visa stamp. The issue for me is that my wife and I have a common law marriage so we don’t have a marriage license or certificate. How do we show that we are married?
While immigration law does recognize common law marriages, I’m not sure how you would document that you qualify. The easiest solution to your problem would be to go get a marriage certificate. Then you can produce that at the interview.
Hi, I’m the HR manager at [REDACTED] and we’re having some difficulties with several TN visas that I would like to ask you about. We asked some of our Canadian employees to apply for TN visas at Toronto’s Pearson airport and they were all denied and palced on the no fly list because the proposed work was “intermittent.” We just wanted these people to come work at our US offices for a couple days out of each month. Does the work have to be full time and for a long duration to qualify for TN?
I would recommend that you never have any of your employees enter through Pearson. There are other border locations that are much more suitable. There is no full time or length requirement to qualify for a TN entry and we should be able to get this decision overturned at another border. Please send me copies of the CBP decisions and we can get this matter taken care of.
I’m having a work visa H2B visa right now but my job is going to end soon. I don’t want to leave and I want to stay legal. I don’t have a new job but I want to stay here. What can I do?
Without more details it is impossible to review all of your options but if you would like to remain in the US to visit and travel, you can apply for a tourist visa and you can remain in the US to travel for up to one year. If you later find a job during that time or would like us to help you find an employer, you can later change back to an appropriate work visa.
My name is [REDACTED] and I am the CFO for [REDACTED], a UK firm that has offices in NY and Chicago. I recently attempted to enter the US for business purpoes through the visa waiver program but was denied entry. I explained that the purpose of my entry was to review accounting procedures at our newly opened branch office in Chicago. Immigration told me that they considered this work and that that was not authorized under this program and that I should apply for a work visa. Is this new policy? I have never had trouble with this before.
I have seen this type of issue before and I have made it a point to be available for my clients who enter through O’Hare in case they run into entry problems like yours. If you had called me at the time of your entry I may have been able to sort this out with CBP at O’Hare but since you’ve already left it is too late. This is not new policy but just a misunderstanding of current policy. You may use the visa waiver program and the B1 visa for limited business purposes.