H-1B visa holders are authorized to work in the United States for one specific employer. If you are permanently separated from that employer and your alien status has not changed, you cannot legally work for another employer and you would be ineligible for benefits. This is also applicable to all other non-immigrant visas such as: TN, O-1, L-1, etc.
Also, collecting unemployment will raise issue with a green card application because
You should contact an immigration attorney immediately for advice. Our firm will be happy to help you as well. We will review your details - current status and situation, and then help you determine the best course of action to pursue. Timing is very important when it comes to extending expired visas, so do not delay.
To change immigration status while in the United States can be difficult, and there is no guarantee it can be done. It also depends on the individual’s background. You can reach us for a consultation. Our attorneys will review your status and case, analyze the situation at hand, and help you map out the course of action to accomplish your immigration based objectives.
We need to review your details to work closely with you and to build your deportation defence. You can reach us for a consultation.
U.S. immigration law is complex and laws change often. Having an immigration attorney helps in understanding, following all the process and procedures in a streamlined and accurate manner. It is important how evidence is gathered and presented as it will have a significant impact on the case. Our attorneys are experienced in immigration law and will personally handle your case.
U.S. immigration law is complex and laws change often. Having an immigration attorney helps in understanding, following all the process and procedures in a streamlined and accurate manner. It is important how evidence is gathered and presented as it will have a significant impact on the case. Our attorneys are experienced in immigration law and will personally handle your case.
A visa must be valid at the time of entry into the United States, but the expiration date of the visa has no relation to the length of time a visitor may be authorized to stay by the Department of Homeland Security. Persons holding visas valid for multiple entries may make repeated trips to the United States, for travel for the same purpose, as long as the visa has not expired, and the traveller has done nothing to become ineligible to enter the United States, at port-of-entry.
U.S. Citizenship and Immigration Services (USCIS), part of the U.S. Department of Homeland Security (DHS), is the government agency that oversees legal immigration to the United States. USCIS is primarily responsible for approving green cards, naturalization, work permits, travel permits, and other "immigration benefits."
A spouse can immigrate into the United States (1) if the person is presently in the United States and can simply adjust status; (2) or abroad requiring Consular Processing; (3) if the petitioner is a Lawful Permanent Resident or U.S. Citizen; (4) the petitioner meets the income requirements for sponsorship. Contact us and we will review all requirements.
You can sponsor the individual for a Fiance(e) Visa Petition or you can marry them in that country or a third country and file a spousal petition. Each of these options would need different evidence and documents to be compiled. You can contact our attorney to formulate the best strategy for your unique circumstances.
The person may either come to the United States on a permanent basis or a temporary basis. Our attorney would have to review the details to suggest an option. Immigration for family members often depends upon whether the person is recognized as an immediate relative in which case a visa is available for the individual to immigrate to the U.S. Sometimes visa wait times for non-immediate relatives can be quite delayed (some for decades).
Typically, a person can apply for U.S. citizenship if they have been a lawful permanent resident for 5 years (or 3 years based upon marriage to a U.S. Citizen). Contact our offices for a consultation to formulate the best strategy for your unique circumstances and to give you peace of mind that you are correctly following all the procedures.
Spouses of U.S. Citizens who have resided unlawfully in the United States for at least 180 days qualify. Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are: - the sons and daughters of U.S. Citizens; and the spouse and sons or daughters of lawful permanent residents.
The two examples of relief that the United States provides are Asylum and Temporary Protected Status. You can consult an immigration attorney for an assessment of your eligibility for relief and available options.
You should leave the abusive relationship if you are still in it. A number of Domestic Violence shelters and agencies can assist you. Under the provisions of the Violence Against Women Act (VAWA), the U.S. provides visas for men and women and their children who are the victims of an abusive relationship. Consulting with our immigration attorney will provide you an honest assessment of your eligibility for relief and who will personally handle your immigration case.
Yes, as a person living in the United States you should report criminal activity to the appropriate authorities. Cooperating with the police may make you eligible for a visa based upon your victimization and cooperation. Contact an immigration attorney with to discuss eligibility.
It depends upon the type of employment, status and qualifications of the foreign worker. Please contact us to discuss your company’s sponsorship of employment immigration visas and we will work closely with you to determine the eligibility and the next steps.
Premium Processing is a special USCIS program that provides significantly faster processing in exchange for an additional processing fee. For an additional fee, USCIS guarantees action on your case within 15 calendar days on the following types of visa petitions or applications: H-1B, H-2B, H-3, O, P, Q-1, E-1, E-2, L and TN.
Waivers are often necessary due to Unlawful Presence or misrepresentation to the government. Often the government gives very short deadlines for the submission of the waiver, thus it is important to work with an immigration attorney. Please contact our attorney to discuss the waiver you may need (601, I-601A and I-212) and your eligibility.
You must attend all court hearings or risk an order of deportation. If you do not already have an attorney, you should contact us to determine what relief you may have available to you and to do a review of your documentation.
Criminal charges or convictions that may appear minor could have dire consequences on your status and you should contact an immigration attorney to discuss how this issue may affect your status.
Applicant must show that they qualify for the visa (especially visitor visa). Section 214(b) presumes that every visitor visa applicant is an intending immigrant. To overcome this presumption an applicant must demonstrate that they have nonimmigrant intent.
A denial under this section of law is because the consular officer determined that the evidence submitted in support of the application was insufficient to demonstrate eligibility for the visa. If you have been denied for this reason, you should consult with our attorney to determine your next course of action.
The first step to check the person’s immigration status. The next step is to consult with an attorney to determine if establishing the business can provide the person status or if there are any concerns for the business.
No. The landlord should not ask about your immigration status since no state or federal law currently requires them to do so. All local ordinances requiring such action has been held up in court.
Yes, we can. It is important that you respond timely to the request with the desired information. Please call us to set up a consultation with you to determine the next course of action for the response.
Our attorneys can review the details and provide you with options if available based on the facts pertaining to your case. Many a time the government improperly concludes that a case is deniable. Please reach us for a consultation.
A foreign national who is authorized to live and work anywhere in the United States, and ultimately apply for U.S. citizenship. They are eligible to sponsor certain relatives for their own green cards as well.
A conditional green card is valid for only 2 years, and the designation “CR1” on the physical card stands for “conditional resident.” A conditional green card holder must file Form I-751 to “remove the conditions” and obtain a permanent green card. In most cases, a conditional green card is issued to a spouse who has been married for less than 2 years at the time their green card was first approved.
When a Green Card is first issued, it may be temporary and valid for two years. After the first two years, if eligibility status has been maintained, a permanent residence visa is valid for 10 years. It can be renewed after 10 years.
Certain requirements must be met. You must have been physically present in the U.S., as a Green Card holder, for at least 50 percent of the time. You must not be away from the U.S. for any more than one year, and ideally less than six months prior to your citizenship application. You must not have committed a serious crime of moral nature. You must be able to write and speak English, and more. Consult with our office to get a complete list of the qualifications and requirements.
A green card application may be denied by the U.S. government for several reasons, including but not limited to mistakes on the required forms, missing documents, insufficient financial resources, or failure to demonstrate eligibility.
Anyone who already has a valid work visa (for example, an H-1B or L-1 visa) can usually continue working in the United States even while applying for a U.S. green card. Otherwise, green card applicants are not allowed to work in the United States until they obtain a work permit by filing Form I-765.
Most U.S. citizens and U.S. green card holders are entitled by law to sponsor their spouses for a green card, also known as “permanent residence status.” The total cost, wait time, and other details of the marriage green card process vary based on several factors.
As a Permanent Resident you should be careful and should not register to vote or vote without first consulting an immigration lawyer. Unlawful voting could result in deportation proceedings. Our experienced immigration lawyers can provide a consultation to determine your options.
A marriage-based green card can take between 10 and 38 months to process. It depends on whether your new spouse is a U.S. citizen or green card holder and where you currently live.
The required documents for a marriage green card can vary by situation. Generally, the couple must provide evidence, such as proof that the sponsoring spouse is a U.S. citizen or permanent resident; a copy of their marriage certificate; evidence that the marriage is authentic; and evidence that the sponsoring spouse can financially support the spouse seeking a green card.
A K-1, or “fiancé visa,” is a temporary visa available only to fiancés of U.S. citizens who are living outside of the United States and intend to get married within 90 days of arriving in the United States. A marriage green card is available to spouses of both U.S. citizens and U.S. green card holders, whether living in the United States or abroad, and ultimately provides permanent residence.
There are many ways to get a green card, and the timeline for each pathway is different. It also depends on the country of citizenship. Depending on the situation, the marriage-based green card process can last as little as 10 months or over 3 years. Work visa based Green card processing may take longer.
The total cost for each type of green card application can vary. Please reach us for the details.
An immigrant petition is a filing to obtain lawful permanent residency in the United States, whereas a non-immigrant petition is a filing to obtain temporary status in the United States (usually based upon employment).
No. It may take from three months to two years to complete the green card process.
No, you are not subject to the cap, because you have already been counted towards the quota.
Yes, if you are a student applying for an H1B for the first time, you are subject to the cap.
Yes, you are subject to the cap if you are applying for an H1B for the first time.
Yes, if you currently working in the Unites states on an L1 and are applying for an H1B for the first time, you are subject to the cap.
Yes, you are subject to the cap. Premium processing is a way to request an expedited adjudication.
Yes, the law permits a foreign national to be the beneficiary of more than one cap subject H1B petition, provided that there is a legitimate and actual business need for each petition.
No, you are not eligible to file an H1B under the master’s quota if you have a pending thesis.
H1B lottery is a random selection process to select the required number of H1B applicants from a larger pool of applicants to meet the H1B Cap of 65,000 for Regular quota and 20,000 for Masters quota.
Yes. The new employer must file an H-1B visa petition.
You are not required to inform your current employer. You do not need their permission for an H1 transfer with the new employer.
Every applicant must be registered with the USCIS via an online account either by an attorney or a company's authorized representative. Once the registration is complete, every foreign national registered, will be assigned a number. If the foreign national is selected, the attorney or the company’s representative will receive an email from the USCIS confirming the selection. Once the selection is made, the attorney or the Company’s representative can prepare the documents and file the petition with the USCIS.
yes, A foreign national is eligible to change jobs by filing an H1B transfer.
No, you are not required to inform your current employer.
Yes, you will have 60 days to report for work, or your new employer will be forced to withdraw the approved petition.
No, there is no limit to the number of times one can apply for an H1B transfer.
No, you do not need to leave the country and obtain a visa stamp, if your extension of stay. Was granted with the I-94.
Yes, you can continue to work with your current employer.
Pay stubs are not specifically required, only that you demonstrate that you have maintained your status. Sometimes, paystubs are the best way to do this and generally, Three paystubs should be sufficient.
Yes, if the new employer files for a new work visa petition, such as H-1B visa.
No, you cannot work part-time.
We discourage from doing so. You may run the risk of doing some work that you are not supposed to do while on a visitor/business visa and it may lead to issues with your L1 processing with USCIS or L1 visa stamp in home country.
It depends on the filing documentation and if they are under your control and management.
No, it is not applicable. If you pay significantly lower wages, you may get into trouble with USCIS or the Department of Labor.
Per Department of Homeland Security, 3 years of progressively responsible work experience equals 1 year of education in an accredited U.S. degree program. While the U.S. Bachelor’s degree takes four years, an applicant with a three-year degree must present a valid degree and proof of 3 years work experience in a field related to the proposed job duties. In special cases, the Consular Officer may waive this requirement.
Officer may refuse your application under 221(g) i.e. “pending for administrative processing.” You can return to the same embassy/consulate on any working day with the required documents. If the Officer determines that the applicant cannot fulfill the duties as outlined in the Form I-129, then he or she may refuse the application again under 221(g). But, this time, the Officer writes a letter to the DHS recommending that Form I-129 be revoked. Along with the letter, all related documents are sent to the DHS Service Center, where the petition was originally filed. At this point, the embassy/consulate no longer handles the case. All further inquiries must be directed by mail to the appropriate DHS Service Center. The centers and their mailing addresses are listed on the Form I-797.
Yes, visa can be renewed. Visa renewals apply to applicants who reapply for H, I, L, O, or P visas outside of the U.S. You would need to schedule an interview with the consulate for the stamping process. You may also be eligible to apply using the drop box.
There is no grace period. You immediately go out of status. You will have to return to your home country unless you can change to another nonimmigrant status, such as B1/B2 status.
Yes, if the enrollment for studies is limited and incidental to the employment on L-1 visa, no USCIS approval is required.
Yes, if it is with the same employer and with the same job duties. However, your employer must notify USCIS by filing an amendment petition.
No. The new employer needs to file a fresh L-1 petition for you.
No.
No. She can apply for social security number and EAD only after she arrives into the U.S.
No. You can apply for it immediately after your arrival into the U.S.
Yes, you can if you also employ other people. The principal applicant should 'develop and direct' his/her business. Thus accountants, IT consultants, doctors, lawyers, etc., can obtain E2 and E1 visa status to enable themselves to practice their profession in the USA if they eventually create employment for other people as well.
You can continue to extend your visa in the US indefinitely if the business continues in the US. Registration is initially valid for two to five years, but can be renewed any number of times.
The treaties which give rise to eligibility for E status are generally on a reciprocal basis, in that they will also entitle US persons and companies to obtain similar immigration rights in the other treaty country.
There is no set minimum level, although the lower the amount of trade or investment the less likely it is that the application will succeed. The amount necessary will also depend on the type of business or trade engaged in.
You may be eligible for other types of visas i.e. the L1 intra company transfer visa or the H1B specialty occupation visa is also a possibility. In addition, the EB-5 Immigrant Investor is an option which eventually leads to US permanent residency. However, this visa is very expensive and time-consuming to obtain.
E-visa dependants can now obtain a general work authorization. This work authorization must be applied separately.
Based on the Australia – United States Free Trade Agreement (AUSFTA) The E3 visa is a particular type of US visa that allows Australian Citizens to enter the United States to work with an employer in a professional position relevant to their specialty occupation
No. The E-3 visa is only available to Australian citizens or nationals. You must have an Australian passport at the time of your E-3 visa interview.
To qualify for an E-3 visa you must demonstrate that:
Yes, you must have a job offer from a US employer, before you apply for an E-3 visa.
The definition of ‘specialty occupation’ is one that requires:
Yes, your employer might be able to apply for a change of status on your behalf. You must have a valid job offer before you apply for an E-3.
You make an appointment with a United States consulate in your home country. Provide them with all the necessary documents.
It varies with each consulate. Contact the consulate to find out the processing times.
No, premium processing is not available for an E-3 visa petition.
No your employer is not required to diel a petition with the USCIS.
if you are abroad: A US-based employer must obtain a Labor Condition Application (LCA) from the US Department of Labor. They must also provide a job letter that establishes that you will be engaged in qualifying work in a “specialty occupation” and will be paid the actual or prevailing wage for that specialty occupation.
If you are in the United States, a US employer will need to file an application with USCIS for you.
The O-1 visa is a nonimmigrant visa which allows foreign nationals with extraordinary ability in one of the following three categories to enter into the U.S. and engage in official activity:
You may stay in the U.S. on O-1 visa for the period of time necessary to complete the event or activity, which should not exceed an initial period of three years.
Yes, you may apply for O-1 visa extension of stay.
Yes, you can study part-time while on O status.
No, the Department of State does not impose any restrictions on the number of times you may travel in and out of the U.S.
Your prospective employer must first receive an approved O petition with the USCIS, after which you may apply for an O-1 visa either in your home country or a third country.
Yes, it is.
The advisory opinion is to state whether you qualify as an alien of extraordinary ability and whether such extraordinary abilities are required for the activities to be undertaken by you.
Many documents are required. Some are mentioned below:
You must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of either receipt of a major, internationally recognized award, such as the Nobel Prize, or at least three of the following:
You must be recognized as being prominent in your field of endeavor by providing either evidence that you have been nominated for, or have been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award, or evidence that you have:
You must be recognized as being prominent in your field of endeavor by providing evidence that you have been nominated for, or has been the recipient of, significant national or international awards or prizes in the particular field such as an Academy Award, an Emmy, a Grammy, or a Director’s Guild Award or evidence that you have performed, and will perform:
Your O-1 petition can be revoked if the:
Yes, you may change status to O-1 when in the U.S. if you qualify as an O-1 alien. This option is not available if you entered the U.S. without inspection or overstayed your authorized term of admission under the present status. Further, you may not change status in the U.S. if you are subject to the J-1 two-year foreign residency requirement and must obtain an O-1 visa at a U.S. Consulate overseas after the O-1 petition is approved.
Yes, your spouse and unmarried children under the age of twenty-one may apply for O-3 visa status in order to accompany you to the U.S.
No, dependents on O-3 status may not work.
The O-1 category applies to foreign nationals seeking a nonimmigrant status, while the EB-1(A) category is for foreign nationals seeking permanent immigrant status. A person seeking O-1 status must have an employer in the U.S., while a person seeking permanent residence in the EB-1(A) category does not need a U.S. employer.
Yes, if you work for more than one employer at the same time, however, each employer must file a separate petition with the USCIS.
Yes, you may change employers on O-1 visa, however, a new petition must be filed by the new employer.
If the employment is terminated, the employer is liable to pay reasonable cost of return transportation to your last place of residence prior to your entry into the U.S.
Current U.S. laws and regulations say that Mexican and Canadian citizens can stay in the U.S. in TN status for periods up to three years and renew thereafter.
TN stands for Trade National Visa and the TN Visa was established as part of the North American Free Trade Agreement (NAFTA) between Canada, United States and Mexico.
You should apply for a TN visa directly at a U.S. consulate in Mexico or at the border for Canada. See the U.S. Department of State webpage, “Mexican and Canadian NAFTA Professional Worker.”
You can be denied a TN visa if you intend to apply for a green card. Obtaining a green card and permanent residence is not impossible if you are a Mexican citizen with TN status. However, you must become acutely aware of the risks.
The TN visa can be renewed without limit. You can renew your TN status up to six (6) months before it expires and as often as every year, but the approval of the renewals is not guaranteed.
There are two different types of TN status, a TN-1 for Canadian professionals and a TN-2 for Mexican professionals. It is important to note that there are slight differences between the requirements for each TN category. The main difference is that a Mexican national must obtain a TN visa stamp from a U.S. consulate before they can enter the United States while Canadian professionals can apply for their visa stamp directly at the border. Mexican citizens, however, are not required to file a petition with the USCIS before seeking their visa at a consulate.
Initial applications for TN Visa status are reviewed at participating U.S. Ports of Entry and if properly presented can be approved within minutes on the spot. When applying by mail with U.S.C.I.S. applications can take from 15 days with premium processing and up to several months with standard processing.
No, they are not permitted to work while in the United States, but they are permitted to study.
A TN visa worker who is transferred to another location by the same U.S. employer to perform the same services need not file a new application for TN status.
An alien must possess the necessary credentials to be considered a qualifying professional under this category. Generally, a Bachelor's degree or higher is usually required to be considered a professional in the TN category. Furthermore, the alien must intend to depart the U.S. upon completion of his authorized status.
You may apply for a TD visa.
You may file an I-129 form to change your current status to TN-1. However, if you and your TN dependents enter the U.S. under the Visa Waiver Pilot Program (VWPP), you and your TN dependents cannot change your status in the U.S.