Hi, my girlfriend entered the U.S on a visa waiver program. We plan to get married now and I’m a US citizen. Can she get her citizenship automatically by marring me?
Unfortunately, there is nothing automatic involving immigration. While we should be able to assist the both of you, she will not be able to obtain citizenship immediately. You may sponsor her for permanent residence (green card) and after she maintains her residency for three years, she can apply for US citizenship.
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.
My E1 visa application was denied at the US Consulate in London. I work for a small manufacturer. We supply computer components to US companies. The reason for denial was that 50% of the materials used to produce the components were not from the U.K. We’ve never had this kind of problem before. Is it a new requirement? Is there another visa I can get?
There is no such E1 visa requirement. Contact my office. We can get in touch with the consular officer’s supervisor and get this decision overturned and the visa issued.
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.
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.
I’m from Italy on visa waiver right now. My stay will expire at the end of September. I got an offer from a US company. Can I stay here while my H1B is been processed?
Yes, you can remain in the US while your H1B visa is processed. However, persons who enter the US using the visa waiver program are not allowed to change their status in the US. So, while we can get USCIS to approve the H1B, you will need to go outside the US for H1B visa stamping. Then after you have obtained the H1B visa stamp, you will be able to return to the US and begin work.
My Church applied my H1B for me as a Pastor. The Nebraska center just denied because they say that a Bachelor’s degree is not required for a Pastor. Is that true?
USCIS believes that there is a significant amount of fraud in religious worker visas and immigration has taken a hard line on these types of applications. That being said, it is quite common for a pastor position to require a BA or even an MDiv. Your denomination should have regulations for the requirements for pastor type positions and it shouldn’t be too difficult to evidence the requirements. Additionally, you likely qualify for an R1 visa and I recommend you contact my office to see if we can help you with an R1 or an appeal of you H1B denial.
I am originally from Yugoslavia and came to the US in 1990. I don’t have any legal status in the US and was wondering if I could apply for asylum? As you may know, Yugoslavia no longer exist since 2003. Does that help me apply asylum?
The fact that Yugoslavia no longer exists is not, by itself, a basis to obtain asylum in the US. You must be able to show past persecution or likelihood of future persecution based on race, religion, nationality or social group membership. However, it can certainly help if you are an ethnic minority and you have suffered persecution in the past or your family members are currently persecuted. There are well documented cases of persecution of ethnic minorities in the Montenegro area.
My I-140 was denied for the skilled category. We filed an appeal but we don’t have a decision and I’m worried I’m going to lose my H1B because business is getting slow. Is it possible to expedite the appeal so I can get my green card?
In many cases where the Service Center misinterpreted the law or mistakenly construed the facts, we have been able to get the Service Center itself to reverse their opinion in only a couple months. In cases where the appeal goes to the AAO, we’re seeing processing times in the 12 -18 months range. We have had success in getting appeals expedited where there are extraordinary circumstances so we can help in getting a decision expedited for you.
We applied and received H1B visas for an employee last year. He is planning to return to the University of Illinois as a post-doctoral fellow (would be employed full time by the university). We would also like to maintain his status with our company on a part time basis to help out with projects on an as-needed basis (0-20 hours per week). Can we do that?
While employment visas like the H1B are employer specific, an H1B holder may have concurrent H1B visas. This means that the USCIS can authorize a foreign national to work for one employer in H1B status for a certain number of hours per week and a different employer in H1B status for a different number of hours per week.