the green card process?

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Q194 I am in US on an H-4 visa. I recently got a job offer and the employer has filed for H-1b. The petition is pending for approval .I wish to travel abroad but my friends are of the view that one should not travel overseas if your petition is pending for approval.Please advise.

A194 When pending H-1 conversion from another status, it is best to not travel outside USA. But check with your own lawyers regarding the facts of your case. (Posted on 26 November 2002)

Q195 If the Board of Nursing issues a temporary licence, will USCIS (INS) accept the temporary licence, or do I have to wait for the actual licence?

A195 USCIS (INS) Regulations state : "Where licensure is required in any occupation, including registered nursing, the H petition may only be approved for a period of one year or for the period that the temporary licence is valid, whichever is longer, unless the alien already has a permanent licence to practice the occupation. An alien who is accorded H classification in an occupation which requires licensure may not be granted an extension of stay or accorded a new H classification after the one year unless he or she has obtained a permanent license valid in the same state for the period of the requested extension." (Posted on 26 November 2002)

Q196 If the candidates for H1-B do not have to show the proofs of binding ties to their home country, do their dependents (applicants for H-4) need to show the proof of the same?

A196 No they do not. Same rule applies to H-4/L-2. (Posted on 03 December 2002)

Q197 In the US, on my H1, can I own (buy) house (or any property) on my name and on my spouses H4, can we own (buy) house (or any property) on her name.

A197 Nothing in law stops you, but it may be difficult to get a home loan. So if you can find a lender, go ahead. (Posted on 05 December 2002)

Q198 Do you receive a new I-94 when you have your visa revalidated in the US?

A198 No, the I-94 that was issued along with your latest H-1 Approval Notice,is your valid I-94. (Posted on 09 December 2002)

Q199 Due to the fact that I was out of status for 2 months, my I-797 Approval Notice for company B was issued without an I-94. 1. Can I reapply for another H-1B extension with this I-797, in order to try and get a I-94? 2. Will filing Form I-102 solve the problem?

A199 1. You are not eligible to work in the US if your H-1 approval was issued without an I-94. This means that you will most probably be required to go to a consulate in your home country to apply for the H-1 visa, after which you will receive an I-94 at the port of entry upon your return to the US. After you have received the I-94 you will be eligible to work in the US. 2. Filing Form I-102 will not solve your problem. This form is used to replace lost, mutilated or destroyed I-94's. (Posted on 09 December 2002)

Q200 How long before my H-1 expires, can I apply for an extension?

A200 You can file for an extension 6 months before the expiration date of your current H-1. (Posted on 09 December 2002)

Q201 I lost my original I-94 which I have received at the port of entry to the US. I have applied for an extension of status, and received an I-797 approval notice from the USCIS (INS) with an I-94 attached. Will I be able to travel outside the US with this latest I-94 which I have received from USCIS (INS), or do I need to apply for a replacement for the lost I-94?

A201 The I-94 that was issued with your latest I-797 approval notice, is the valid I-94, which you must use. There is no need to apply for a replacement of the previous I-94 which got lost. (Posted on 09 December 2002)

Q202 My H-1 6th year period is expiring in March 2003. USCIS (INS) granted my H-1 extension until January 2004. Will I be in status until January 2004, or must I apply for the 7th year extension before March 2003.

A202 As this was an oversight on the side of USCIS (INS), you should apply for the 7th year extension before the expiration of your 6 year period. (Posted on 09 December 2002)

Q203 I am on H-4 visa and my visa expires on Dec 30 2002, my husband got his new H1 B visa (changed his company) which is valid till Feb 2005 and is in status now. Is it true that "H-4 nonimmigrant alien (Myself) continues to remain in valid nonimmigrant status as long as the principal alien (my husband) remains in a valid nonimmigrant status".

A203 As long as your H-4 I-94 is valid AND your H-1 holding spouse is maintaining his status, you are in status. His change of employers does not affect you. (Posted on 17 December 2002)

Q204 1.I am on an H-1 visa. All my immigration papers were stolen. What should I do? 2.Can one obtain a replacement visa from within the U.S.?

A204 1.You will need to perform the following steps: a. Apply for replacement passport. Contact in U.S. the consulate of your country of citizenship and request issuance of a replacement passport. b. Apply for duplicate H-1 Approval Notice. Have your Employer file Form I-824 with USCIS (INS) Service Center that approved your H-1 case requesting issuance of a duplicate H-1 Approval Notice. c. Apply for a replacement I-94. File Form I-102 with the USCIS (INS) to obtain a duplicate I-94. 2. NO. As of today 18 December 2002 there is no facility for you to obtain a visa stamped on your passport in such cases. (Posted on 20 December 2002)

Q205 1.If your H1 expires and you are working on your EAD; Can you get married to someone who is in India? 2.If yes, does one go through Adjustment of Status in the US and will she have go through CP (consular processing) in India? 3. What happens to her paperwork regarding medical examination and Fingerprinting issues; How will she get it done in India? 4. Also, will she get her GC at the same time (even though both will be going through two different processes...namely adjustment of status in US and CP in India) or do they come at different times. If they are processed at different times, what is the estimated time-lag between the approval of adjustment of status in the US and CP in India.

A205 1.Yes 2.Yes 3. The consulates have procedures for all of that. 4. Usually a few months time lag exists. (Posted on 23 December 2002)

Q206 I am here in United States right now with valid visa till DEC 5th 2003. My wife got her H4 visa (dependant)in June 2002, and she has visa till DEC 5th 2003(this year) 1. Can she join me before her visa expires? 2. Is there a rule that says she has to join me with in 3 months of issuing visa?

A206 1.Yes 2.There is no such rule for H-4 visa.

(Posted on 29 January 2003)

Q207 1. Can H1 & H4 extension be filed together? or H4 can be filed only after getting the H1 receipt notice? 2. What will happen if H4-extension filed after their I-94 date ?

A207 1. H-1 and H-4 can and should be filed together. 2. H-4 can be denied.

(Posted on 3 February 2003)

Q208 I am on H-1. My employer has not been paying me. What should I do?

A208 Please approach the Department of Labor. They are very friendly and nice people and will help you. You can write a letter to the DOL of employer's state explaining your situation.

(Posted on 04 March 2003)

Q209 I am on a H4 visa for the past 5 years. Now I would like to either start working or study. 1. After staying on H4 for 5 years, if I get a H1 now, how long I would be able to work on H1. Is it going to be for 6 years? I heard from one of my friends that we can stay in US on any H visa for only a period of 6 years. Is that true. 2. If I plan to get a student visa would my staying on H4 for 5 years affect it in any way?

A209 1. All H visas are counted. Your friend is correct. 2. No.

(Posted on 08 April 2003)

Q210 1. I am currently on my OPT. My wife is in India. Can I apply for my H1 and her H4 simultaneously through my current employer ? 2. Can I apply for her F2 while on OPT ? Will this be a problem because I am not a student any more ?

A210 1. You should apply for your H-1, then get a visa stamp and send her the required papers for H-4 application. Look up the consular web site fromlinks-consulates.html. That will tell you what papers they need to grant an H-4 visa. An H-4 visa is given on a walk-in basis. There is no processing required from USCIS for people who are outside USA. 2. Yes you can.

(Posted on 25 April 2003)

Q211 My H-1B and my wife's H-4 visas and statuses (I-94s) are about to be expired. Documents for extension of state were filed a month ago. But according to USCIS (INS) statistics, we should wait at least 5 months yet. 1.Are we in status after visas exp.date ? 2. My wife needs to go to home country by personal reason. Will it be a problem if she leaves U.S. with I-94 expired ? 3. Is there any procedure to get the documents processed faster then usual ?

A211 1.Yes, for 240 days 2. I cannot think of any reason why it should be a problem, but it would probably be best to wait. 3. Sure. Convert your applications to Premium Processing.

(Posted on 25 April 2003)

Q212 I am a canadian citizen. can I live in Toronto but work on H-1 in CAlifornia. travel to CA once a month or so as and when my employer requires? does this work from immigration perspective?

A212 No problem. But you must be paid under US payroll as an employee for the time you are in USA.

(Posted on 08 May 2003)

Q213 I am working in USA for the last four years and just got the approval for my H1B extension till 2006. The previous visa got expired on 15th February 2003. When my lawyer applied for the extension in November 2002 he forgot to include my wifes extension documents. She got her initial H-4B Visa back from Pakistan and it expired on the same date as my first one i.e. February 15, 2003. When I got the extension, I called my lawyer and asked him about my wifes visa and then we realized that he never applied for the extension of her visa. Now she is out-of-status. Can you please guide me as what to do in this scenario?

A213 If she does not leave USA within 180 days of expiration of her I-94, she will be subject to a 3 years bar from reentering USA. But she should be able to get an H-4 visa stamp (if she has not overstayed past 180 days) from her home country (not from Canada or Mexico).

(Posted on 20 May 2003)

Q214 Is there a way to revoke a spouse's H-4 visa status?

A214 There is no direct way of revoking your spouse's H-4 visa. However, if you were to surrender your very own H-1 visa and be outside U.S. for few months, that would automatically revoke your spouse's H-4 visa. You may wish to do this and then reapply for a new H-1 for yourself.

(Posted on 24 June 2003)

Q215 My spouse is quitting her job and is going to apply for I-539 for change of status(H1 to H4) next week. At the same time my spouse's H1B visa is expiring on 01-Aug-2003 . She will have one month in hand. My question is which condition makes her safe to stay in US beyond 01-Aug-2003. 1)Is it safe to stay as long as USCIS (INS) receives I-539 before 01-Aug-2003? 2)Does she need to receive the receipt notice from USCIS (INS) before 01-Aug-2003? 3)Will the I-539 application need to be approved before 01-Aug-2003. Will she have to leave otherwise?

A215 None of the above. Her I-539 must be received by USCIS (INS) before she quits her H-1 job.

(Posted on 25 June 2003)

Q216 Currently my spouse and myself are on H1/H4 status respectively. We are expecting EAD in 2 months and have the following questions: 1) If I maintain my current H1 status but my wife starts working on her EAD, does that impact my status ? 2) When my wife uses her EAD and later on do I have the option to add her back on H4 status ? 3) Wondering if what the situation is like where I want to maintain my H1 status till I get my GC , but also want to allow my wife to do business/work officialy based on her EAD, is this combination possible at all?

A216 1.No. 2.She would have to leave USA and reenter on H-4 visa to reactivate H-4. 3.No Problem.

(Posted on 12 September 2003)

Q217 My brother has a three year stamped H1 Visa which expires on October 30, 2003. He never travelled to the U.S. due to the fact that the employer couldn't place him. However, the employer did not cancel the H1 Visa till date. Now he has another offer in his company, and they have filed the extension with the employer change. He is waiting for the receipt of the filing. 1. Will the INS approve this request inspite of not using the Visa for a long time ? 2. Is it possible to change the employer without working for not even 1 day with the prior employer? 3. Is it possible to change the employer from India ? 4. If all of the above is possible and with the filing receipt of the employer change with the extension, can he enter U.S