Question: 1
I have applied for my I485 in Sep 2003, I have received my EAD and AP already but my I140 is not cleared. If I get my I140, can I switch job after 180 Days from Sep 07th ? What are the procedures to Switch my Job? How can I extend my EAD and AP, Can I do it through different lawyer?

Answer
It is advisable to change employer after your I-140 is cleared. It is safe to change employer after 180 days of filing your I-485 and after your I-140 is approved. You could renew your EAD and AP through your new attorney.

Question: 2
I have question what benefits does a student via holder or hi visa holder get when they get married to green card holder and does it affect in they status when they go back to India to get married and they have to come back to USA will they also have any problem in embassy to come back to USA

Answer
If you are marrying a green card holder your visa status will not be changed. You have to maintain a valid visa till you file for adjustment of status. You could file for adjustment of status when your I-130 is approved and when your priority date is current. You cannot enter USA without any valid visa even though you are married to a green card holder.

Question: 3
I did my bachelors in computer Engg in India and later could not find a decent job then I got married. Now I am in USA and I want to do search for jobs here. But I heard that the H1 quota got filled for this year and next year starts from oct1'04. So can u suggest me what to do now. Shall I wait till October and then start applying for jobs or shall I apply for jobs and attend interviews too...please give me your valuable suggestion.

Answer
You could file new H-1B starting October. You approval will have a start date of October 1 2004. My suggestion would be that you keep looking for the right job. If you get one you could file H-1B from October. Good luck with your job search.

Question: 4
Thank you for given me a reply. My fiancée applied herself to become citizen. Once she gets the citizenship, she can apply for me right? But I would like to know that, is there any other way that I can stay here in the USA, before she gets the citizenship. It is not through the employment.. Please, help me ..thanks

Answer
After she gets the citizenship and if you are married, she can file for your permanent resident status. Please schedule an appointment for a telephone consultation for more info on this.

Question: 5

Hi Kavitha I am Reji, I am working in hotel industry for last ten years . Now I am working on house boat, for a reputed house boat company as cook cum guide. I would like to go to London to work .Please let me know about the possibilities to go London thank you.

Answer
I deal only with US immigration. Please email me if you need a referral for a UK immigration attorney.

Question: 6

Dear Ms. Kavitha,
I got this opportunity to send mail through internet.
My family business is manufacturing plastic rubber Industrial components. I have been to Europe, Russia, Egypt, Fareast countries, & UAE, May go to USA in next year.
I got some customer in USA too. I am interested to do business in USA. So I like leave my family business & do my own business there. So please advise for the same.
Thanks, Regards, Imran

Answer
If you have a successful business in India, and if you are interested in starting a company here, you could come here on L-1A visa.
L-1 is an intra company transfer and Indian company could transfer you to US Company. The requirement is that you should have worked for the Indian company at least for a year. Both the companies should have a relationship. Advantages of L1A are that you don’t have to go through a lengthy process of Labor certification. Moreover the spouse of the L-1 visa holder is permitted to work. Please email me to askkavitha@bharatmatrimony.com should you need further information and checklists for the same.

Question: 7

You are right person I can ask questoin . My fianceis is n U.S. New Jearsy she has alreqdy green card and she was going to get citizenship in Jan 2004 but after several attempts she has some hot talking with officers in New york embassy now they have gone through lawyer .Can you please tell me how much time it take.if you tell i give you detail about her as you are working New York and her case is also in New York so if you can help I really need your advise I expecting your answer quickly.

Answer
I need more information to answer your question. Please email me in detail or please schedule a personal or telephone consultation by calling or leaving message at 732-393-9557.

Question: 8

I'm in the U.S as a B1 visa holder and my stay expires in May [though the visa expires in October. My husband is a Green card holder who has just applied for citizenship. He's about to file petition for alien relative for me. However we're afraid that I may overstay in the process of waiting. Our attorney told us that it doesn't matter if I overstay as long as the filing is in process. We need a second opinion. I'm also thinking of registering as a full time student so I can have extension but we are afraid it might be difficult to change from student to immigrant due to the situation at hand. Please I need your advice. Thanks.

Answer
Since you entered through US through a valid visa, you could stay here and adjust here after your husband gets his citizenship. However you cannot freely travel during the process. Should you need more information please email me/call me to schedule a consultation.

Question: 9

I went to USA in 1997, and whilst there I think I lost my I-94. I left through Detroit airport without any problems and I do not remember anyone commenting that I didn't have the card any longer. When I phoned the US consulate in London to ask if would be a problem they virtually stated that I'd never be able to go back to the US. What do you recommend, as I plan to visit in December. Many thanks Gary PS Great site and I think its great what you are doing.

Answer
Thanks for the appreciation. You have not mentioned about your stamping in the passport. It is usually not a problem if you have a proof of legal entry. However you can try a Freedom Of Information asking for a printout showing date and place of entry.

Question: 10

I am a US citizen. My fiancée is now I485 (employment based) pending. his case receipt date is November 2002 and Vermont services center is now very slowly processing 01.31.02. Would it be faster if we get married in the summer, abandon the current I-485 and apply for his PR through marriage? he has a 15-year old daughter currently living overseas. would it be faster through marriage so that we can bring his daughter over before she turns 16 on 7.1.04 or shall we just wait for his employment based PR?

Answer
If you are getting married and file I-485 through marriage, it would certainly be beneficial to bring his 15 year old faster.

Question: 11

My fiancée is a US citizen. I am an Indian. I want to get married and settle in US. Which is the easy way to get US Citizen and settle in there?

Answer
You could come here on K-1 visa as a fiancée or K-3 visa as a spouse of US citizen.

Question: 12

What is the detailed process of getting my wife on H4 Visa? I am on a H1B

Answer
Here is the H-4 checklist:
From You (H-1B):
1. A good copy of your passport (all the pages).
2. A good copy of your H-1B approval notice (I-797), Copies of I-129 and copy of the LCA.
3. A letter from your employer confirming continues employment.
4. Copy of your work experience letters
5. Your two most recent pay stubs from the current employer.
6. Offer letter from your present employer
7. Copy of last year’s W-2
8. Recent Tax returns

From your spouse/India:
1. Visa Application from DS-156
2. Spouse Passport in Original
3. Original Marriage Certificate in English
4. Marriage photographs, about six photographs. In three photographs both yours and spouse face must be clearly visible.
5. Marriage Invitation card.
6. Original Passport of Children
7. Original Birth Certificate of Children
8. One passport size photograph of your spouse (50mm X 50mm with a white or off-white background.
9. Visa Fees
I am herewith providing the visa fees also. However please check with the consulate:
Visa fees for Indian Nationals effective October 11, 2003 Visa fees are as follows: Non-immigrant visa application fee (non-refundable) Rs 4600 Non-immigrant visa issuance fee (paid only upon issuance) Rs 2300, Courier fee Rs 400/. Please check with the consulate for latest info.

Question: 13

My girlfriend is here in the US with her son via H1B working visa. Her contract will expire early 2005. Question: What does she need in order to stay or extend legally and work somewhere else in the USA? We are planning on getting married but no dates yet. Hope to hear from you soon.

Answer
Maximum allowed time for H-1B visa is 6 years. However she can change her status to some other visa after the six years. She cannot get in to H or L unless she spends a year outside the United States. If she had filed for her Labor certification which is pending for over an year she can get extensions in H-1B.

Question: 14

I am currently in Mumbai, and Indian Citizen, Married to Indian, I want to know about L1 Procedures, and want to know more about it, please get back to me.

Answer
If you have a successful business in India, and if you are interested in starting a company here, you could come here on L-1A visa. www.ttsvisas.com L-1 is an intra company transfer and Indian company could transfer you to US Company. The requirement is that you should have worked for the Indian company at least for a year. Both the companies should have a relationship. Advantages of L1A are that you don’t have to go through a lengthy process of Labor certification. Moreover the spouse of the L-1 visa holder is permitted to work. Please email me to askkavitha@bharatmatrimony.com should you need further information and checklists for the same.

Question: 15

I have a L1 company visa, and applied for my spouse as dependant L2, can my spouse work in US, what are the things to be done for that

Answer
Hi: You have to file for her EAD for her to work here. Please email me should you need more info on the process.

Question: 16

I am current residing in US working with a Multinational company and got my H1-B in December of 2003. I plan to get married later this year with another Hindu girl either in Arya Samaj in India or via registered marriage. Below are my questions:
1)How long does the process to get my passport stamped for H1-B take when I will go to India? What are the details of the process or where can I find them?
2) How long will it take for my to be wife to get her H2? visa after we get married in India?
3) What are the documents I will need to get my visa stamped and what documents will she need to get her H2? visa?
Thank You for all your help!

Answer
You wife will come here on a H-4 (not H-2) visa and please refer to my answer for the question 12 above. Should you need any further info please feel free to email me.