FOREIGN STUDENTS NOT SELECTED IN H1B CAP LOTTERY STILL HAVE OPTIONS

In recent years, the U.S. Citizenship and Immigration Services (USCIS) has implemented a program whereby a randomized lottery determines which applicants will be eligible for H1B cap petitions. The initial selection process for fiscal year 2022 has now come to an end. If your name was not selected in this lottery, what can you do?

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January 19, 2021

When Can I Safely Leave My Employer After Getting I-485 Approved?

Once your employment sponsored I-485 is approved, you are a lawful permanent resident able to work for whomever you wish (or not at all). Many attorneys, myself included, advise you to not change positions or employers until 180 days or six months from the date of filing the I-485 or after approval.
July 17, 2018

Is the translation and copy of foreign degree sufficient?

Employer wishes to file I-140 and attach a copy of the translation and foreign language degree. Should the degree and translation be sent to be evaluated and include the evaluation with the I-140 submission or is the translation and copy of degree in foreign language enough?
July 17, 2018

When is the ideal time for me to quit my H1B current job?

Is there a maximum number of days I can be officially unemployed after quitting my first H1B job and joining this new H1B company?
July 14, 2018

What does it mean visa retrogressed for E1 immigrant visa?

Each immigrant category, but immediate relative has a limited number of immigrant visas available each year. Retrogression occurs when the priority date cut-off that determine visa availability move backward instead of forward. Making immigrant visas unavailable for later priority dates.
April 27, 2018

I’m a U.S. citizen with an urgent need to leave the U.S. to visit Mexico in an emergency.

I do not have a current U.S. passport. Will I be able to get back into the U.S. after travel outside the U.S.?
March 23, 2018

H1b change of employer approved, but extension of stay denied.

I have a valid H1B visa from previous employer on passport. May I depart the US and return using my existing visa or do I need to go for stamping?
December 01, 2017

Frequently Asked Questions About Rejected DACA Requests

Click here to view some of the most common questions that have been received regarding denied DACA applications. While this information is informative, every case is unique and based on individual circumstances.
November 09, 2017

My Son Is Turning 14 Years Old Soon But His Green Card Will Expire In 10 Years

A Form I-90 must be filed for a Lawful Permanent Resident who reached his/her 14th birthday.
September 28, 2017

What Do I Need to Know About Employment-based Visa Interviews?

On September 28, 2017, the Office of the CIS Ombudsman hosted a stakeholder call, featuring Associate Director of the USCIS Field Operations Directorate, Dan Renaud, to discuss the implementation of the new interview requirement for employment-based adjustment of status applicants…
September 27, 2017

How do I maintain my green card status with a minimal stay in US?

One may maintain one’s green card with minimal stay in the U.S. by obtaining a re-entry permit. Keeping in mind that a green card is for residence in the U.S.
September 26, 2017

Can an E-2 visa be transferred to another company?

My partner and I both have 50% of the ownership and are working under E2 treaty investor visa…
September 13, 2017

As a U.S. citizen, would I have a problem with getting a K1 visa if I have a domestic violence charge and a felony?

The K-1 nonimmigrant visa permits a noncitizen fiancé(e) to travel to the U.S. and marry their U.S. citizen sponsor within 90 days of arrival. The criteria for the visa are as follows…
September 13, 2017

Some questions regarding DACA

Individuals that have been receiving Deferred Action for Childhood Arrivals (DACA) might be eligible for immigration benefits that are more lasting and concrete than DACA. DACA affords beneficiaries a temporary reprieve from deportation…
July 17, 2017

TN Border Entry. Is there a minimum time to be in Canada when switching from a tourist visa to a TN?

I’m currently in the U.S. on a tourist visa. While visiting the U.S I have accepted a job offer to work here full-time. I plan to fly back to Canada for a quick trip then come back on a TN, is there a minimum time I need to spend there to not have trouble when I return?…
July 15, 2017

B2 Tourist Visa Extension. How much time to they give if I file for extension of tourist visa? Is it for another 6 months?

My wife and I are planning to visit the US this year and plan to stay longer than previous visits. Main reason for this is our son just had a baby and we want to help him and his wife out by taking care of our grandson. We are planning to stay for 6 months then extend our stay. …
July 14, 2017

Business Partner Visa Requested. What visa does a non-resident business partner require to do business in USA?

I am a permanent resident of US. My future business partner from India is not a US citizen/resident. We plan to start a photography/event management business in the US. He may have to fly to the US to conduct business here…
July 13, 2017

I-551 stamp after I-751 waiver denied, can I travel?

My I-751 Waiver Was Denied, I Never Got An NTA, I Need To Travel Abroad So I Went To The USCIS With An Info Pass And Got A I-551 Stamp On My Passport. What Are The Chances That I Will Not Be Granted Re-Entry…
July 06, 2017

DS160 Previously completed with 221(g) document request wrong information

I applied for tourist visa 25 years ago, with my parents. But, I have been in the US by myself at school. The first time I applied for a visa, I didn’t know that it was refused as they just needed more documents…
June 05, 2017

PERM employer name changed. How to deal with the when filing the PERM?

My employer changed the name recently but still keeps the same Tax ID. Before the name change, I already had a prevailing wage report (DOL report) with the old company name. Later on, a new prevailing wage report with the new company name was filed and issued. And the job posting was using the new company name.
June 05, 2017

PERM process Does it require 2 years of experience for my EB2 PERM to be accepted?

I have a PhD in Computer Science and I’ve been working at a medium-size Big Data company for 1.5 year. I’m on H1B visa and I’d like to apply for green card through EB2 PERM.
June 01, 2017

Is Starting A Green Card Process In Sixth Year of H1B Feasible?

My employer has delayed filing my green card. I’m in the fifth year on H1B and fifth year will end on Oct 1st 2017. I’ve read from company lawyer and google, that LC application should be FILED before fifth year ends. I’m concerned that LC will NOT be filed by that time. I’m not sure if its intentional on employer’s part or not.
March 09, 2017

L-2 Child or Spouse needs an Individual Tax Identification Number (ITIN) for U.S. to be Stated as Dependents on U.S. Tax Return

I am on L1b Visa, my wife (on L2 visa) has applied for her SSN recently, while my daughter (2yrs old) I understand will not be eligible for SSN (please correct me if wrong), do I need to apply for my daughter’s ITIN, so that I can add her name as dependent while filing tax returns.
March 09, 2017

Blanket L Admission Different than I-129S and L Visa Blanket L Petition expires before I-129S and i94

I’m on L1-B under a blanket petition that expires on October 2017. My I-129S was approved until March 2019 as well as my i94. Can I work and stay legally until 2019? Or should I leave USA before October and get a new VISA?
November 01, 2016

Prior H1B Cap Approval Not Used and Petition Revoked-Is an H1B Not Subject to the H1B Cap Petition Possible?

I’m in India.H1B petition was picked in lottery and approved in 2014 and revoked in December 2014 by employer before stamping due to lack of projects (no fraud and no RFEs).
November 01, 2016

How Long Before My H1b Expires (Including Extension) I Can Ask Employer to Start GC Process?

My H1b (including the extension expires in Dec 2018) so how long before my H1b expires, GC process should be started? (at least 1 year or 6 months or 3 months ?)
November 01, 2016

New H1b Employer Do I Need a New Visa and US Consulate Interview

I have a valid h1b visa stamped with company A. Luckily my existing company offered me a better position and so I applied for a h1b transfer and it got approved.
November 01, 2016

L1b Admitted 58 Months Apply for H1b With a Valid H1b Approval? I am on L-1b Visa. Had a Valid H1-b Petition (Filed 2008 – No Stamping Done). Can a Company Hire Me on H1-b on That Petition Now?

I am completing 5 years in USA on L1-B in next 2 months I have a H1-B petition ( i have i797c). This petition was approved in 2008.
November 01, 2016

Marriage Certificate from Church Enough to File for Green Card for Someone on K1 Visa

I came to Fresno, California 2 months ago on a K1 visa. My husband has been delaying the plan to get married since I have only 90 days before my K1 visa expires.
November 01, 2016

A Child of One US Citizen Parent (Born Abroad) in India a US Citizen?

I am a US citizen. My wife is an Indian citizen. I’ve been in the US for 10 years and I became a US citizen 1 year back.
November 01, 2016

Green Card Holder Marrying Someone on TN. What Does She Do to Keep a Valid Status?

I am planning to get married to someone on TN Visa from Canada. She is working in Tennessee and I am working in California.
November 01, 2016

Does My Wife’s Iranian Citizenship Complicate the I-130 Petition Process?

I’m going to submit an I-130 to petition for my wife. I feel comfortable with the typical requirements for an I-130.
November 01, 2016

Does the 30/60 Day Rule Apply to My Green Card Application If I’m Already Married?

I’m an Australian living in SF, and have been in the US for nearly four years now on an E3 visa.
November 01, 2016

EB-5 Question for EB-5 Attorney

There are three shareholders in a recently created business, I am going to invest 1 million dollars in the same.
November 01, 2016

EB5 or L1A/EB1.C Which is A Shorter Path to Green Card. EB5 Seems to be Taking So Long. Can We Open a Company in the US and Come Sooner on L1?

There are two paths to the U.S. The non-immigrant path allows a person to enter the U.S. in a few weeks or months.
November 01, 2016

EB5 Requirements, What Are They?

Formally referred to as “employment creation visas, the alien must meet standards set out in the 1990 Act.
November 01, 2016

Do I Need a Social Security Number? I am a Foreigner and Would Like to Own a Business in the US

I am starting a company in America but don’t have a green card. I will hire other people to run the business.
November 01, 2016

Can I work for My Company in the US?

Me and my American partners are planning to incorporate our web start-up and I own 60% of the company.
November 01, 2016

My AB60 Drivers License has the Words Federal Limits Apply on the Front. Can I Fly to Another State?

If you present your AB 60 license in a state other than California, you may be at risk depending on the laws and policies of that state.
November 01, 2016

How Do I Become a United States Citizen?

When I was 15 I became a U.S resident with my father who was also became a U.S resident. He became a U.S Citizen two years later when I was 17.
November 01, 2016

Foia Request; With USCIS And EOIR: What Do I Need To Submit as Supporting Evidence to Expedite?

I’m gonna file a FOIA request with both USCIS and EOIR. I want to request an expedited processing.
November 01, 2016

Wrong Birthdate on Certificate of Naturalization

I was born in Poland, At some point of my life living in Poland my date of birth was got messed up with a wrong year of birth.
November 01, 2016

I was Told I Will Lose US Nationality If I Acquire Dual Citizenship and Accept Employment With a Foreign Government

I am a US citizen and I am a German citizen I want to apply for a dual citizenship for Germany.