Immigration Answers - 5th Update, May 15th 2004

Name: Malini Age: 33 Sex: F Place: Chennai

Question: 1
Dear Madam,
I have an issue with regard to visa and I am looking towards you to assist me. I am a 33-year-old female. I am a Chartered Accountant, Cost Accountant and a Company Secretary. I work in a Bank at Chennai whose Head office is in Washington DC, The I have visited Washington DC twice on official trip using G4 visa. My G4 visa is valid till September 2006, subject to my employment with this organization. I lost my husband recently and I propose to marry a green card holder, living in Houston. He is likely to get citizenship around 2007. I have an 8-year-old daughter, studying in Chennai. My employer knows about this and they are willing to offer me an employment in our Head office. But I need to join him at Houston as his job is not transferable and for his specialization, it would be very difficult for him to relocate to DC. I would ask you to enlighten me on the following options, which came to my mind. 1. Can I get students' visa if I apply for one after my transfer to DC. Is this transfer from G4 to F1 is allowed? Can you please clarify? 2. If I apply for student's visa, from Chennai, is it likely to be rejected because of my personal status? Can I apply for F1 from US, (when I am on G4), pls clarify. What are the restrictions / conditions attached to it? When I enquired in a University at Houston, they informed that they can give admission. But I need to know the visa rules. 3. Is there any other way, I could join him? (By getting a H1 or so). I would very much appreciate if you could help me in this. In case you think we need to meet / talk further, I am willing to speak to you over phone or ask my relative settled in U.S to meet you / talk to you over phone. Awaiting your advice. Regards

Answer
I would suggest that you take the job offer by your employer. F-1 is a possibility but risk of not getting the visa is always there. You can change the status to F-1 in US also.

Name: ks Age: 33 Sex: F Place: NJ

Question: 2
My fiancé and I are both Hindu Indian citizens residing in the US. My fiancé is a US green card holder, working for a US multinational in NJ and, currently, I am a full time graduate student (F-1 visa) in NJ, USA. Both of us have Ph Ds and he got his Green card in April, 2000 under extraordinary researcher category. I received my Ph D in science in 2000 from a US university. After completing my Ph D, I worked for a US company as a Senior Scientist in Research and Development field for about 7 months on practical training and then transferred to H-1 B1 in June 2001. After 3 years at the same company, I was laid off in August, 2003 from my job. I was in the process of starting my Green Card process under Extraordinary Researcher category when my layoff occurred. In September, 2003, I started school in a MA program in Arts and got transferred to F-1 visa. I was offered another job in strategy management in March 2004, an area different than my earlier research job but was unable to take it as the quota for H-1 B had run out and the company concerned could not wait till October 2004 for the fresh H-1 B quota. Currently I am looking for a job in strategy management area that implies that I cannot get my green card under extraordinary researcher category. My fiancé and I are planning to marry in the next 2-3 month in India. My fiancé suggested that I apply for my green card as his spouse after he gets his US citizenship. I wanted to know what would be the quickest way to get my Green Card.

Answer
At this stage the fastest way seems to be filing for green card as spouse. However I would also suggest starting the process of labor now through your job. We are expecting Perm regulations sometime this Oct/Nov, where your labor may be certified within a month. So apply through your employer and when you are eligible file as a spouse. You can adjust the status based on the first come basis. Good luck.

 
Country: United States of America

Question: 3
Hi,I want my fiancee to visite me in USA. I am not a citizien of USA. How can I make it happen for only visite? what is the requrement for him to come to USA. to visite me for only 1or2 months? plz help me, me i don't want to go there cuz i have school and job to do os idon't have time and idon't have vacation i finished all my vacation but my finacee have 1 month vacation from his work place i will be gald to see him until i go back there. i will look forward for you answer thank you and god bless you.

Name: Rajan Citizenship: India Country: United States of America

Question
I am current residing in US working with a Multinational company and got my H1-B in December of 2003. I plan to get marry my girl friend who is in India this year. Is it possible for her to get the Visitor visa(B2) for a month.

Answer
You have to be a citizen to bring your fiancée/girl friend in K-1 visa. You can try for B-2 visitor visa. However B-2 requires that you should have intent to return back to the place of origin and has tough standards. If you are on H-1B you could get married to her and come on H-4.

 
Name: Carmen Age: 23 Sex: F Place: USA

Question: 4
I'm in love with someone who is an Indian citizen but currently lives and works in Bahrain. We plan on getting married, but not right away and we are not sure how he will be able to move to America. He is currently looking for a job, but isn't it difficult to get a work visa here? We do not want to get married immediately, but how can he stay here otherwise? If he can't get a work visa and we decide to get married right away, how will we obtain a marriage license? My county requires 2 ID's and he will have his passport. Can he also use an ID from india/bahrain?

Answer
You have to get married for him to get a work visa. Since you are a citizen you can bring him in United States with a fiancée visa. You have to get married to him within 90 days after his arrival and then file for the employment authorization. Good luck

 
Name: kawalpreet Age: 28 Sex: F Place: Delhi

Question: 5
I am getting married to an australian citizen next month pls advice as to what would be be best and fastest process for me to go with him to Australia

Name: Anand Age: 39 Sex: M Place: India(Bangalore)

Question
Dear Sir/Madam
I am using your services for more than 8 months by now, after a long search I found my soulmate one who is residing in UK , I just wanted to know little about the immigration my self there or her to my place here, if you could please help me get this sorted out I'll be very much thankful to you.

Answer
I only deal with us immigration at present. Please contact the appropriate attorney.

 
Name: Ashlesh shah Place: Gujarat

Question: 6

I am ashlesh shah and i am living in india gujarat so i wanted to talk regarding immigration visa for u.s. i have one younger brother and he is working in multinational company in ahmedabad he has interested marrage in u.s. gujarati girl and he has also interested in immigration visa, so how will you done and how pl. guide me and help me

Answer
If your brother is engaged to a US Citizen girl he is eligible for a fiancée visa. This is a quickest way to enter US. If you are planning to get married in India, you brother could come here in K-3-spouse visa. This takes little longer than the former one. Good luck.

 
Name: Christopher Age: 24 Sex: M Place: Illinois

Question: 7

My wife is from Belize and together we have 3 children. She has been in the states since 1988 with an expired passport, I updated the passport in 2002 and we were married then. What is the next step for her to gain citizenship?

Answer
I do not have enough info to answer your question. I need to know in what visa your wife entered US. Are you a US citizen? Please call me at 646-284-6679 or email me at askkavitha@bharathmatrimony.com.

 
Name: chirayuved@indiatimes.com Citizenship: India Country:India 

Question: 8
Ive got a valid H1B from my company in Feb 2003. I got married in June 2003. I am proceeding to US for my assignment soon. My wife is getting her name changed on the passport after our marriage. She had a rejected B1 a year back, Will that in anyway effect her H4 & joining me in US ?

Answer
Attach the marriage certificate as a documentary proof of the name change. B-1 and H-4 are two different types of visa and intent to come back is a requirement for the B-1 and whereas no such intent requirement is needed for H-4. So even if B-1 is rejected based on prospective immigrant, H-4 may not be rejected as she is joining you as a spouse and can be a prospective immigrant.

 
Name: k. kannan iyengar Age: 60 Sex: M Place: vashi, navi mumbai, india

Question: 9
Can u please let me know what kind of services do you offer where immigration is concerned. and if your helping then what will be your fees?? your answer to this will be appreciated

Answer
I practice all areas of immigration law, and fees depend on the type of service.

 
Name: Akram Ali Khan Age: 29 Sex: M Place: Riyadh ,Saudi Arabai

Question: 10
well,i would like to know that is there any possibility to get a job in the us in health sector. as im working in saudi arabia as a service engineer for biomedical equipments. please let me ur comments thanks and regards.

Answer
There is a lot of demand for the health care professionals in US. You have to look for the right employer to sponsor the visa. Good luck with your job search.

 

 

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