Blog Archives

H1B Visa Application while I-140 NIW is Pending

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 […]

O1 Visa Self Sponsorship

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 […]

Posted on August 22, 2012 at 7:47 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, O-1 Visa · Tagged with: ,

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

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 […]

Posted on August 22, 2012 at 7:32 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, J-1 Visa, J-1 Visa Waiver · Tagged with: , ,

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

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 […]

Posted on August 22, 2012 at 7:31 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, O-1 Visa · Tagged with: ,

H1B Visa Extension Beyond the Six Year Limitation

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 […]

Posted on August 22, 2012 at 7:30 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: Green Card, H-1B Visa · Tagged with: ,

H1B Visa Status Application While in the US on the Visa Waiver Program

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 […]

Posted on August 22, 2012 at 7:28 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, Visa Waiver Program · Tagged with: ,

H1B Visa for a Pastor

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 […]

Posted on August 22, 2012 at 7:27 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, R-1 Visa · Tagged with: ,

How to Expedite a Form I-140 Appeal

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 […]

Posted on August 22, 2012 at 7:26 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: AAO, Appeal, H-1B Visa · Tagged with: , ,

Concurrent H1B Visas

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 […]

Posted on August 22, 2012 at 7:24 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: Concurrent H-1B Visa, H-1B Visa · Tagged with: ,

Applying for an H1B Visa While in Visa Waiver Status

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? We can get the H1B approved in the US but because you entered through the visa waiver program, you are not allowed […]

Posted on August 13, 2012 at 10:31 pm by Immigration Lawyer Peter Messersmith · Permalink · Leave a comment
In: H-1B Visa, Visa Waiver Program · Tagged with: ,