Immigration Answers - 26th Update, Feb 2nd 2002

Name: Sanjay Trehan, Citizenship: India, Country Living In: United States of America
Question: 1
I am on L1 A. I know that L1 to GC is very fast. However, my company does not readily sponsor GC. What things do I need from my employer to file GC. If I get those items, can I file thru an independent attorney?

Answer:
Please contact Naveen at our Atlanta office or Kavitha Ramasamy, attorney at Metuchen, NJ office and they would be able to help you.
 

Name: FAHIM SHAH, Citizenship: Pakistan, Country Living In: United States of America
Question: 2
I HAVE MARRIED TO A GIRL IN PAKISTAN.I HAVE A GREENCARD.WHEN I CAME TO AMERICA I APPLIED FOR HER IMMIGIRATION .IT HAVE BEEN THREE YEARS.I WANT TO KNOW HOW LONG IT IS GOING TO TAKE TO HER TO GET THE IMMIGIRATION.THE MARRIGE IS DONE AFTER I GOT THE GREEN CARD.SO IT IS FOUR YEARS FOR GREEN CARD AND THREE YEARS FOR MARRIGE.

Answer:
Your wife is eligible to obtain V visa and come to US in relatively short period of time, since you have already applied petition for her permanent resident status more than 3 years ago.

Either you can contact Naveen in our office in Atlanta or Kavitha in our office in New Jersey and they would be able to help you.

Name: v.pradeep kishore, Citizenship: India, Country Living In: India
Question: 3
Sir/madam,
I don’t have much knowledge about visa processing. But I am very desperate to go abroad. I am basically M.Sc (applied geology) graduate from Chennai and working in Geographic information system (GIS) for past 3 and half years. I am being applying for all companies in us and other countries where they are asking for sponsorship or visa. I am expecting some companies to call and sponsor me or having a visa in hand applying for the companies. pls clarify regarding this. I am ready to work in Australia, Canada, and swizz.

Answer:
Yes, he can marry and file for I-130. She should get her EAD soon. She will be in a valid status while the process is pending. However talk with your attorney when fling for the case. Should you need any assistance in filing please call me at 732-516-9305

Name: Aritha Chumnesey, Citizenship: Pakistan, Country Living In: United States of America
Question: 4
Hi,
My older brother has a Green Card since summer of 2000 and is currently residing in U.S. Now he wants to marry a girl who is here (U.S) on a visiting B1 visa.  My question is that if he decides to marry that girl, does that girl has to maintain her OWN status while the application is in process? Or is she going to be illegal in U.S while the application file on her behalf by my brother is going through the process? Also, is it possible for a girl/guy, who has green card, to marry some one who is on a B1/H1 visa status in U.S, and apply for the marrying spouse's green card or do they have to wait till either one of them gets a passport? Can u briefly explain what happens when a green card holder marries someone on a H1/B1 status here in U.S?

Thanks for your time.

Answer:
The companies who give you job has to sponsor for your visa in order for you to come here and work here.

Name: Raj, Citizenship: India, Country Living In: United States of America
Question: 5
 My fiancee is a green card holder (since June 2000). She is also a British Passport holder I am in the USA on a H1 status.  If we decided to get married now, what will become of my status?  Will she be able to support and sponsor me on her Green Card status?

Thanks,
 Raj

Answer:
Your fiancée can sponsor you and should you need any help please call me at 732-516-9305 or call 404-329-1444.

Name: Sushmita, Citizenship: India, Country Living In: United States of America
Question: 6
I am a green card holder since July of 2000. My mother has just become a United States Citizen.  How long will it take for me to get my US citizenship, as I am 19 yrz old and not married?  Further more, can I marry a person who is on H1 and can I support him?

Thank you

Answer:
I did not have enough info to answer the first part of the question. However you could marry an H-1b holder and sponsor for his green card and that should not be a problem

Name: Jay, Citizenship: India, Country Living In: United States of America
Question: 7
What if a person who has a Green Card through his employer (Sponsor), wants to get married to a girl who is also a Green card holder (Both are currently in USA). Is there any legal issues involved? If any?  What will be the status resulting for both of them as a result of their marriage?

Answer:
I don't see any problem for your status when you both marry. Please proceed and good luck.

Name: Wicky, Citizenship: India, Country Living In: United States of America
Question: 8
If I get married to a person who has her Green Card.  How long will it take for me to get the Green card or the Permanent resident Number?

Answer:
What is your status now? Without that info I will not be able to answer your question.

Name: Narsimha, Citizenship: India, Country Living In: United States of America
Question: 9
Could you explain me about Counselor processing? How much time it’s going to take? And what if I got layed off while my GC is under counselor processing?

Answer:
Yes, it is a problem if you get laid of when your counselor process is pending.

Name: Rajya, Citizenship: India, Country Living In: United States of America
Question: 10
Hi,
My daughter date of birth is wrong in the passport.  How to approach it? Counsulate General of India will serve this kind of situation?

Thanks
Answer:
Please contact the passport office in India

Name: Karthik, Citizenship: India, Country Living In: United States of America
Question: 11
I am in the USA on a H1B visa. I have applied for a Green Card and my I-140 got approved recently. I am going to apply for I-485. I have a problem here. I have two children. My wife and one child is with me and the other child is in India. Now do I have to bring my child (the one who is in India) to the USA to apply for I-485 for all the four of us? Is it possible to process Green Card for my child in India without coming here?

Answer:
Yes, you could get the stamping in India for the other child and your attorney would have explained you about this.

Name: Sri, Citizenship: India, Country Living In: United States of America
Question: 12
Is it possible to marry a girl who posses her Green Card, while the guyz Green Card is under process? Are there any legal issues? If there are, what are they?

Thanks

Answer:
There is no problem in marrying a girl with a green card and that sure doesn't affect your case.

Name: Krish, Citizenship: India, Country Living In: India
Question: 13
My girlfriend is from USA and we want to get married, and I want to move to US and stay there permanently, how is that possible?

Answer:
It is possible if your girlfriend is in valid status in the USA. Please contact our office at 732-516-9305 should you need any info in visa processing

Name: DR.SARAVANAN, Citizenship: India, Country Living In: United Kingdom
Question: 14
I AM DOCTOR WORKING IN U.K, I HAVE APPLIED FOR A US VISA-VISITOR STATUS IN JUNE 2001, LATER IN JULY. MY VISA WAS REJECTED IN THE GROUUNDS THAT I AM POTENTIAL IMMIGRANT. NOW MY CUURRENT STATUS IS SINGLE. I HAVE JOB CONTRACT TO WORK IN UK TILL 2004 NOV AND HOLD A VALID VISA TILL THEN.WHAT CAN I DO TO GET MY VISA, PLEASE ADVISE ME

Answer:
Unfortunately we cannot do much in this. They see you as a potential immigrant for number of reasons including your degree. However you could apply again showing all documents including the letter you mentioned. Good luck.

Name: Jyotsna, Citizenship: India, Country Living In: Germany
Question: 15
I hold a 10 year multiple entry B1/B2 visa issued a few months ago. I wish to come to the US to visit my fiancee and stay for 6 months. Do I need to show any proof of financial status (either mine or his) before being issued I-94? And is it possible to extend the stay for another 6 months without leaving the country (if necessary)? I had previously stayed in the US on a J1 visa.

Answer:
Yes, you could come and visit here and if necessary extend the stay here. There is no harm in bringing the documents with you and if asked for info you can provide it. Since you have a B-1/B2 your J-1 stay before the issuance of the visitor visa doesn't matter for your coming here. However if your fiancée is a us citizen then you could come here in K-1 visa

Name: veleti sastry, Citizenship: India, Country Living In: India
Question: 16
Sir/Madam,
 If I have a line number, How can I access the position of approval in INS office, U.S.A from India.

Answer:
INS is in process for providing a web based status check. Till then you have to call the number in the receipt notice (in your case Nebraska Service Center) and check the status

Name: Hasby, Citizenship: Indonesia, Country Living In: United States of America
Question: 17
I have been in H1-B visa for more than a year and have been staying the same place for more than 1 year too.  I am currently want to take a night class at the college.  I am wondering if I will be eligible for in-state tuition.  For additional information, I am staying in Pennsylvania.

Answer:
Each university has their own rules for in state Tuition. Please check with the University

Name: Sabrina Yu, Citizenship: Philippines, Country Living In: United States of America
Question: 18
I just received my greencard today. I am here on an EB3 visa and I'm planning to go back home and marry my boyfriend. How long do I have to wait before he can join me?  What is the process of filing to petition him? What requirements do I have to prepare? Do I have to change my name in the greencard or can I keep my name and only change it when he comes ?  What is the legal implication of not changing my name in the greencard?

Answer:
Congratulations. Yes, you could marry and file for his case. However it involves a long wait. Please call our office at 732-516-9305 for further assistance.

Name: Vijay, Citizenship: India, Country Living In: United States of America
Question: 18
Hi,
I have my masters degree from the US.  I used to work for a company "A" and they filed for my green card. I got my labor and I-140 cleared.  Now the company "A" went out of business. I did not file for my 485.

Now company "B" got company's "A" technology and some key employees. I was one of the employees to be transferred and got my new H1 also approved.  How can the new company "B" proceed with my 485 process and what documents will they need?

Thanks
Vijay

Answer:
Unfortunately Company B cannot proceed with your I-485 process and you have to start fresh from labor cert. However you can retain the priority date of old case for the new case since you have an approved I-140.

Name: TAMILSELVAN, Citizenship: India, Country Living In: United States of America
Question: 19
Hi, I came to USA in 1999 and got stamping in my passport till 2001 oct. Last year I changed the job they filled the H1 visa which is valid till oct 2003. I'm planning to goto India. But In my passport I have visa entry till oct 2000. Where Can I get new visa stamping? Can I goto Local INS office?

Answer:
You could get the revalidation done here and please check http://travel.state.gov/hlop.html for further info on revalidation.

Name: Bosco OPIO, Citizenship: Uganda, Country Living In: Uganda
Question: 20
Hi,
I am a 28 year old ugandan French teacher and currently teaching in Kampala Uganda. I old a B.A. Arts degree and a diploma in education. How can I be recruited to teach in USA. I will appreciate your effort to address my request.
Regards
Bosco

Answer:
Please contact the teachers recruitment agency like gtrr. For further details please go to gtrr.net.

Name: chakrapani ramachandran, Citizenship: India, Country Living In: United States of America
Question: 21
My H1B will be over in another 14 months. Is there anyway i can continue to work by getting Canadian Green card or something else. Is that 6 H1B year rule apply if my immigration status changes from Indian citizen to Canadian GC holder

Answer:
The only way you can get the six-year period extended and keep working is to file for labor certification now and file I-140 before expiration of your H-1B. Six-year period can be extended with one-year increment if the labor certification was filed over 365 days and the I-140 filed. The day your I-140 is filed and you had your labor certification pending for over one year, you are eligible for extension and your Canadian green card will no way be helpful for extension of your H-1B visa over six years.

Name: suchi, Citizenship: India, Country Living In: United States of America
Question: 22
hi we have applied for 485 in how many days our ead will come our receipt date is on October.

Answer:
 Usually you get EAD within 90 days of filing the I-485, however it also depends upon the place of filing.

Name: uma, Citizenship: India, Country Living In: Bahrain,
Question: 23
Can I have your Chennai office address/contacts please.

Answer:
I will be there in Chennai office 1, wheats crofts Road, 2nd floor, gee gee plaza, Nugambakkam, Chennai-34 from Feb 15th. Please feel free to meet with me. You can reach me there at 8212926.

Kavitha

Name: Mehul Shah, Citizenship: India, Country Living In: India
Question: 24
Dear Sir,
It's too good that you are providing such basic information. I am expecting my h1 approval in month’s time. I have heard currently that consulars do put you in line by referring your application to AFU (Anti Fraud Unit) and thereafter you wait endlessly. So is there anyway you can take some sort of university certified copies or letter from university saying that this are the right certificates.
Thanks in advance

Answer:
If you have degree and experience in the concerned field and all your certificates are from a recognized university and reputed companies, please do not worry about it.
 
 

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