nycindia.com 

Home Immigration Insurance Advertise Discussion Forum Contact us

 

 

 










                                         

Kavitha Ramasami Esq.

Our Channel

      Stock Market
       Health Insurance

US ImmigrationNews

Breaking News

Easy Mortgage

Free  Classified

Send E-greetings

Astrology

H1B Visa Status

H1B Re-validation

Green Card Step

Biography

Free Immigration  Advice 

Visitor Visa Tips

     Best Useful Website Links

Job Finder  

Currency Exchange Rate

Today's Weather

Advertise Here
Highly Traffic website
Reasonable advertisement rate
Most of visitors from USA

More details

Visit our 
Bollywood sponsor :
www.moviegupshup.net

PC Doctor

 

New Jersey:    

New York:

1804 Merry wood Drive
Edison, NJ-08817 
Tel:732-393-9557
Fax: 732-875-0300

350, Fifth Ave, Suite 3304
New York, NY
Tel: 646-284-6679

Question:                             

Hi Kavitha, Good day to you.

I went through all the discussions posted in http://www.nycindia.com/usaimmigration.htm  . They are all informative.

I am looking for some expert guidance from you due to these circumstances:

a) I have my H1B Stamping Interview on 1st FEB in Chennai Consulate.
b) I worked in USA on H1B from Nov 2000 to August 2003. (I worked for KPMG Consulting USA as a Full time employee, which was after a H1B transfer that happened in Feb 2002).
c) I came back to India in September and I am working for Accenture Hyderabad (Client Microsoft).
d) I had one B1 refused after I came back to India (in Jan 2004).

I am looking for your opinion on these below questions
a) What is the probability that I can succeed or fail during the 1st Feb H1B stamping.
b) Having had one B1 refusal, how should I prepare myself for my current Chennai Consulate H1B Interview.
c) What documents should I take for the stamping. 
d) What would be appropriate answer for the question 'Why was your B1 rejected last year?'
e) How would I avoid one more refusal. (tips for successful stamping).

sateesh

Answer:

B-1 rejection should not affect your H-1B stamping. One should not have dual intent for B-1stamping. B-1 should not have the intent of settling down in USA. B-1 cannot be a prospective immigrant. However H-1B can have dual intent. H-1B can have the intention of settling down in USA. Take all your H-1B documents and the company documents. If questioned about B-1 tell them the truth why you wanted to come on B-1. Good luck with your stamping.


Question:     

Hi Kavitha, 

I am working with a software firm in Bangalore and my company is planning to apply for L1-B individual visa for me as I have sufficient experience but not a comp science degree . I want to know what is the
time frame for approval of L1 B individual petition and what are possible reasons for rejection of L1 B individual petition ?. Also If the application gets approved and stamped if I were to go to US and obtain a job with another employer can I work with the other employer on my L1 B individual petition or would it entail my new
employer applying for an H1. If my new employer has to apply for H1 would it entail me coming back to India to get it stamped and then only starting work with new employer or can I work without a break.

An early reply will be highly appreciated.

Thanks,

Ishwar

Answer:

Depending on the service center, it takes approximately 1-3 months for the regular L-1B processing. You have to have specialized knowledge in the product of the company and your not related field of study doesn't matter for L-1B as long as to have the requisite of the L-1B. You cannot transfer the L-1B to some other company in USA. L-1B is very company specific as a L-1 person is required to have at least one year of experience with the company abroad in the preceding three years. You could however change the status from L-1B to H-1B if the cap is available. If your change of status is approved you can continue to work in US without having to go out of the country.

Question:     

Hi,

I am on H1B and recently my wife came to USA on H4. We noticed after her re-entry that her I-94 is having a different date than the visa. She has her visa granted up to 17 July 2005 where as I-94 says 17 July 2004. I think the immigration officer entered the date wrongly since he didn't mention anything to my wife about entering a lesser date. What should I do to correct this?
thanks, Jay

Answer:
It is the mistake of the Immigration officer at the Airport. Go to the Airport with all the documents and get the mistake rectified. If you are unsuccessful in that please call our office at 732-393-9557.

Question:     

Hi Kavitha,

I have Valid H1b Visa Extension but My stamping on my passport is expired. Still I can Sponsor my parent for visitor visa ?

Thanks

Answer:

Yes, you can sponsor your parents with valid H-1B extension with expired H-1B visa stamping. This should not be the issue.

Question:     

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 07 th? 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:     

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:     

Hi Kavitha,

I saw your FAQ at www.nycindia.com. Its really interesting. I have small question about immigration so plz reply me. I file my I485 last Jan 2003 on employment base. Can you give me just idea how long it takes more to approve my I485? Is there any interview for employment base green card?

Thanks
Babu

Answer

Employment based I-485 depends upon the service center you filed the I 485. Recently we are getting I-485 approvals for cases, which is not even closer to our priority dates. For your reference I have given the priority dates for the I-485 as of November 19 2004

CALIFORNIA SERVICE CENTER-Feb 24 2004

VERMONT SERVICE CENTER-June, 01 2003

TEXAS SERVICE CENTER—May 31 2002

NEBRASKA SERVICE CENTER-May 31 2002

Question:

  1. Hi Kavitha,

 We file I485 together. My husband got fingerprint and I didn't got fingerprint schedule yet. is there any problem ? I check status on internet with by EAC no. but it is not showing any thing about fingerprint.

Simran Kapoor

Answer

It is very normal not to get the finger printing together and the website will not contain the information about scheduling of finger print and moreover it is very possible that the website is not updated.

Question:

  1. Dear Ms. Ramasami,

 How long is it possible to keep extending the H1B visa and is it necessary to file for a Green Card?
 Sincerely,

 Mrs D. Roy
 
Answer

The maximum period allowed on H-1B visa is six years. H-4 time period is also included in this six years. However if you have a labor certification pending for more than 365 days you can keep the H-1B visa extending in one year increments. Therefore if you want to stay here for more than six years continuously you have the file for your labor cert. leading to permanent resident status.

  1. Right now i am on h-1 with my family members. my stamp of visa expire before one year, and i have valid visa till 2006. So can i get the stamping on my passport with my family members.?

You may no longer get the revalidation (Visa stamping in the passport) inside USA. Whenever you travel outside the country, you should have the visa stamping (just visa approval will not do) for entry in to the USA. The same rule applies for your family members.

Question:

  1. Hi Madam,

I am on h1b since 2 year.  I want to invite my parent for visit in USA. Can you guide me what are the document I need to sent from myside to get visa ? What the document they need to prepare their side ?

Thanks a lot

Mike

Answer

You have to send the I-134 affidavit of support duly signed by the notary. Letter to the office requesting visa for your parents, Letter inviting your parents is recommended, Recent Bank Statement, Letter from Bank, Employment verification letter. Your parents have to take the documents to show sufficient ties to India like 6 months Bank statements, Property documents, family photos, Pension papers if any, business documents if any, Income tax papers etc… The more the ties you show you will increase the chance of convincing the officer to get the visa.

Question:

 6.   Hi Madam,

I renew my h1b visa. Now I want to re-validate my visa in USA. So can you tell me what are the documents I need to send for re-validation.

Thanks for your time and help.

Anju 

Answer

This facility in USA ended on July 16 2004, You cannot revalidate your visa in USA anymore.

Question:

7.   Hello Sir/madam,

I have a question that I have come here on the visitor's visa. I got one month's entry into the U.S Then I applied for the extension, I did not get the approval yet but I have got the receipt that the INS has recieved the application.I would like to find out that if I qualify for the H1 visa, if I get the employer who can sponsor me for the H1. If I find the employer who is willing to sponsor me for H1, can he do it because the H1 quota is closed for this year and it's opening in april, can I apply in april?

Answer

Generally it is not advisable to change the status from Visitor visa to H-1B. When you travel outside United States, you have to have the stamping and it is very possible that your H-1B stamping to be rejected as you entered on B-2 and changed the status. B-2 visa is given in consideration of your promise to return back to your home country. Therefore they may consider that you had a fraudulent intent when entering on B-2 visa. However if you have to change the status it is advisable to do that after 60 days of entering the country. Yes, if you get the approval of the extension and if you are in valid B-2 status you can change your status to H-1B, however since the H-1B visa will have a start date of October 1, 2005, you will not have the extension till then and you may have to go back to get he stamping for H-1B visa. Please call me for further details.

Question:

8. Hi,   I have some questions regarding L1B Individual visa...

Q1 What is difference between Individual and Blanket visa?

Q2 I got refused from New Delhi consulate on 29th June 2004 for L1B Blanket visa, but now I have visa interview for L1B Individual on 6th December at Chennai Consulate so is their any problem in changing Consulate office?

Q3 My wife is working for Infosys and right now she is in U.S on H1B visa, So this condition will create any problem for me in getting L1B individual visa?

Q4 My L1B Blanket visa got rejected on 29 June 2004, because My education won't match with my work profile, but now I am going for L1B Individual visa interview on 6th december, Is L1B individual is correct category for that type of rejection?

As my interview is on 6th Dec, early response will be great help to me...

Regards

Deepak Jain

 Answer

I am not sure if this answer will reach you before the interview date, however I will give you my opinion.

Blanket visa is given for the company and the company can send the candidate to the consulate having jurisdiction, to stamp the visa. There is no prior approval form the USCIS is required for the particular individual in blanket visa. However the consulate has the discretion to check with the individual is suited for the blanket visa.

Individual visa is filed with USCIS with the candidates documents. After the approval of the visa by USCIS, the candidate goes for the visa stamping in the consulate. In this process also the consulate has discretion to grant the visa. However this is much safer as you had the approval of USCIS, by submitting your documents. You can go to Chennai consulate if you work or live in the jurisdiction. 

Your wife’s visa status will not have any impact on your L-1 stamping.

Good Luck with your stamping.

Question:

9. Hi Kavitha,

I am in the US on a H1-B visa.

My husband is also here on B1 for which he has got an extension till Jan.

He is going to apply for L1A visa.

I have a few questions regarding this.

1. Will there be a problem to get L1A visa because of extention?

2. If his visa gets rejected, how can he come here and work?

3. If his visa appointment is on Dec 31st(say), when should he go to India? Some people said that you should be there atleast a month before

Thanks,

Nikhila

Answer

If he is going to have the visa stamping in India, the extension doesn’t matter since he is on business visa, I would suggest that he leaves early. If his visa is rejected, you should think of other qualifying visas. Good luck.

Question:

10. Dear Ms. Kavitha,

Have a nice day. My name is Murugan Ranganathan, Aged 30 years, citizen of India. I am in the business of computers (sales of computers, domain registration, web hosting and Search Engine Optimization, Chain of cyebercafe's) since 1998 after my Bachelors of Engineering (Electronics & Communication), Madras University.

I never worked for anyone until now. For Past 2 months I am working for a US (New York) based Search Engine Optimization Company from my office here in India.

They want me to work there in New York for them fulltime. The company has been incorporated there and they are currently employing five people (All are Americans). They never recruited any foreigner until date. The company was 5 years old. Therefore, they are also not aware of the visa processing.

 Therefore, they asked me to do the visa processing. I found your website very useful, but I am totally confused for the following issues.

 1. I have to get H1B visa or L1B Visa.

2. H1B quota is already finished, but they want me to be there at least by Jan 2005.

 Suggest me the best.

 Expecting a reply from you,

 Thanks & Regards,

 ~ Murugan R ~

Answer

Since the companies are not related in terms of ownership you do not have the option of H-1B visa. You have the option of B-1 or H-1B. If you have to be here in Jan 2005, then your choice is only B-1 visa. In April you can file for H-1B visa. For further details please give me a call 732-393-9557 or send email to kavitha@nycindia.com.

Question:

Hi Kavitha,
I have a friend who (works for a software company in Bangalore, India) applied for an L1 and attended the interview at the Chennai Consulate, India.  He was rejected because his job profile did not match his education.  I would like to know when he could apply again ?. Is there a waiting period only after which he could try for his visa again or ?  
 
Can you give me suggestions on how to get a visa stamped without any errors.  What precautions or steps needs to be taken ?
 
Waiting for you expert advice.

Answer 

I do not have the full info to answer your question. I believe your friend had gone for the stamping using the blanket L-1 of the company. Probably his profile and education did not match the L-1. May be he can apply for the H-1B next year. He can try for visa again with stronger evidences. If the documents and the job offer (from genuine company) are genuine usually you don’t have a problem. The way you present yourself also matters. If it gets rejected still, it is matter of time and you will get it after investigation.

Good Luck.

Question:

Hi Kavitha ,

I am using OPT to work for a company now. My OPT will expire in May 2005 and INS stop accepting any H-1 visa. I am stuck here.  Do I have any choice? 

If I file I-140/I485 concurrenting now - under EB-1/ or NIW, can I go back to apply to H-1 again later?   Thanks a lot!

Answer:

You are eligible to file for new H-1B with a Oct 2005 start date in April 2005. You are eligible to stay here using the 60 day rule till July 2005. This year USCIS issued a notice  that the “ Beneficiary continues to maintain status without any violation and the H-1B petition was filed prior to July 30, 2004 with a start date of October 1, 2004”. You may continue to stay until you start on H-1B or you may have to go back to F-1 and then do a change of status. Good Luck.


Question:

Dear Attorney:

I did apply for a K-1 visa for my fiance in June 2003 and she attended 3 interviews at Kuala Lumpur office.
Recently the reason for refusal was my file at Homeland Security office was closed. I did go with her
to the interview recently and found that the officers ask for unrelated items. Under the given circumstances
can you tell me what else can be done? Thanks.

Answer

Unfortunately I do not have the required info to answer the question and why they denied the visa. Did they suspect any fraudulent activity? You can call me with further details.

shantanu vitkar

Question

Hi Kavita,
 
I am on H-1B visa and I recently got engaged. My fiancee already has a 10 year B1/B2 visitor visa and has visited US twice so far. So my question to you is, Is there a prcoess in place where we can convert B1/B2 visa status to H4 visa in the US ?
 
Also what do you recommend :
 
1) Getting H-4 stamped from India (US Consulate in Mumbai) OR
2) My fiancee coming here on B1/B2 and then we apply for change of status to H-4 in the US (If at all this is possible and if yes what are the requirements)
 
Which of these two options are safe ?

Kindly advice. Thank You !

Answer

I would always suggest getting stamped in the consulate to avoid any problems in the future. If all your documentation and tax papers are good, you will not have any problem in the visa stamping. However you also have an option of her coming here in B-2 and then you get married to her here and change her status to H-4. If you are doing this it is safe to do this after 90 days of her arriving here in B-2. Should you need further details please feel free to call me.

Chakravarthy.

Question 

Hi Kavitha,
     My H1 B visa is valid until Jan 2007. I got visa revalidation on my passport in April 2004(It is valid until Jan 2007).  Recently I joined in a new company and my current company filed H1 transfer and I got transfer approval. I am planning to go to India in November.Since visa stamp on my passport has my previous company name do I need
to revalidate my visa with my new company's H1B?

Thanks,

Answer

You cannot do the revalidation after July 16 inside the country and in this case you do not have to worry about your travel or the stamping till Jan 2007 even if you change your Job.
 
 Bharath.

Question:

Hi Kavitha,
 
I am Bharath. I have question regarding H1B. I had travelled to US twice through B1 VISA. During my first visit, I have stayed for 5 months ( 3months + 2 months extension). During my second visit, I have stayed only for three weeks.
 
I have my H1B petition ready. Is there any problem in getting H1B visa because of my extension of stay during my first time.
 
Please advice me.

Answer

No this may not create any problem, however they may ask you the reason for the extension. IF you have paperwork for that and have genuine reason, you don’t have to worry. Good Luck with your stamping.

Ravi

Question:

Dear madem

My 485 is pending at VSC (I-485 ND = 09/16/2002).

VSC received my RFE response documents on 09/01 (as
per UPS tracking). But online msg did not change.

This is something I need to worry about? or Is this
normal?

I appreciate your help

Answer 

It may take some time to update the online status especially with the I-485 cases. You don’t have to worry about that. Check the tracking number to see if the RFE has reached them.

Question

Hello Kavitha,

I am a U.S. citizen (residing in the U.S.) planning to marry an Indian citizen in a Catholic wedding in
India.  In order to file the I-130 petition in New Delhi I will be in India for 60 consecutive days prior
to the filing.  If I understand correctly, once the petition is approved we will need to apply for the
visa with the Chennai consulate since my fiancée currently resides in Bangalore.  Both the embassy in
New Delhi and the consulate in Chennai have advised that the marriage certificate from the church will
suffice as proof of marriage.  Can you please advise if our plans and assumptions are correct and if there
is anything else to be aware of to help ensure a smooth process?

Thank you and kind regards,

Answer

Yes, the marriage certificate from the church and the photos would be sufficient proof of the marriage. Good Luck and wish you a happy married life.

Question :
Hi Kavitha ,

I received my L1 (Individual)petetion papers. Right now I am on B1 visa in US .My I 94 got expired and I applied for 2 months extension of my B1 Visa. Are there any specific education Qualification requirements for L1 A. Should I get it stamped from India or can I get it stamped in some other country.

Thanks in Advance.
Regards
Rao

Answer :
I don't understand what you mean by L-1 papers. Is is the approval or the documents. There is no minimum education qualifications needed for L-1 visa. However you should have worked in L-1 for 1 year in the past three years in the company abroad and have performed the managerial duties.

If you have the approval and has to go abroad to stamp it I would suggest going to home country to do that.

Question :
Hello Kavitha

My husbands company intends opening a branch office in the US and my husband 
intends on applying for a L1A visa.

I have 2 questions....please explain the foll:

what immediate rights does his family have..wife & kids
(work, social benefits, govt. enterprise loans for business)

A) Over what period of time do we qualify as PR and when do we get citizenship
(green card) is it the same?

B) When do we Qualify to apply for Mortgage/Car Loans. after arriving in the 
US.

Many Thanks 

Mrs. Kavita Dwarika

Answer :

The spouse of L-2 will get Social security number and work Authorization and the children are not eligible for the same. You could file for PR status even in the first year and it may take between 2-
3 years for approval depending on the place you live. You can file for the citizenship after 4 years and 9 months in PR status and this period is calculated with certain restrictions. 

Yes, you will be eligible for car loan and mortgage while working on an L-1 visa.

kavitha

Question :

Hello Kavitha

I am on H1 B visa and my family is on H4. My husband had his business in
India, but now he is in US on H4. And as H4 visa does not have work
authorization, how can he work in US. Could you please guide me how is it
possible for him to work in US. and what are the basic requirement for Visa
conversion. And from whom I can take the help?

Thanks

Answer :

One cannot work while on H-4 visa. If your husband is eligible and has the minimum requirement and has a job offer and sponsor for H-1B he could change his status. Good Luck

Question :
Dear Kavitha,

I sent my passport to St. Louis for H1 revalidation, but the visa office refused to revalidate it. The reason they mentioned was it's been more than one year after the expiration of the previous visa. I recently got my H1 renewal that is valid till July 2006. Is it possible to apply for visa revalidation through my new H1 renewal in St. Louis again? Or Should I go to India to get the visa stamping done? I would appreciate your suggestion. 

Thanks.
Siddique Kulam.

Answer:

You have to go out of the country to get the visa stamped. Even though you have your H-1B renewal, your visa stamp in the passport expired more than a year before and therefore you are not eligible for the Visa stamp in passport. 

Question :
Hi Kavitha,

I happened to bump into your web site while surfing on the internet. I have a question regarding my H1-B visa and it will be really great if you can help me out with this!

Currently, I am on a H1-B Visa. I have an approved H1-B visa extension that's valid until 09/15/2005. My Passport also expires on the same day 09/15/2005. However, the visa on my passport has expired on 09/15/2002. Recently, this Mar-Apr 2004, I traveled to London, UK mistakenly thinking that I could use my H1-B approval like a Visa. Upon arriving back at Chicago, port of entry, needless to say, I was questioned by the officials. After a 4-hr wait, surprisingly, 
they issued me a new I-94, charged me $185 and then let me re-enter the united states. Well, I am back in the US now but now in order to travel outside the country, I need to get my Visa re-stamped. Also, on the passport, on the page next to my I-94 is an entry where it says "Admitted on....") an official has written a number down there. I wonder what that is. I am getting a little paranoid about this.

Here are my questions:
1. Would this cause a problem for me to obtain my visa restamped?
2. Would I be better off going to Montreal, Canada than to India to get this done?
3. What questions should I expect from the consulate officials in case they try to investigate more on me?

I would really appreciate it if you can acknowledge my e-mail.

Thanks so much,
Vaidyanathan Ramakrishnan (Nathan)

Answer:
First you cannot do a revalidation inside USA, with a expired visa stamp more 
a year before. You are not alone many people think that they could enter USA 
without a visa stamp. You could have got it stamped in London. Montreal or 
London is not a bad choice for the Visa renewal. If you are on valid status 
and has the tax returns and pay stubs, you should not have any problem with 
your visa stamping. Good Luck.

Question :
Hi Kavitha,
 
I have Valid H1b Visa Extension but My stamping on my passport is expired.
Still I can Sponsor my parent for visitor visa ?
 
Thanks

Answer :
Yes, you can send the sponsorship for your parents. Send the H-1B extension 
pares with other documents.

Question :
Dear Kavitha,

I am on L1A of a company in USA. I have an approval till May 31, 2003. The 
visa on my passport expired in May 2001. I had applied for I-140 in June 2002 
which was denied in June 2003. 

I am planning to visit India in June this year with my family. At the time of 
visa stamping in India, can the consulate refuse to stamp my visa because my I-
140 was denied ? What should be my recourse ? 

Thanks,

Answer :

Your L-1 visa stamping will not be denied due to the denial of I-140. If you 
are qualified you will get the stamping.

Question :
Hi Kavitha, 
 
Could you pl. give me the process for converting my
L1-A visa that I have to another company who is
willing to file for my H1 visa?

Thanks for all the help in advance, also I appreciate
that efforts that you may be putting in for answering
these questions.
 
 
Thanks, 

Answer :

No Problem:

If you have a job offer you can change your status from L-1 to H-1B. make sure 
you are within the time limit. You need your educational, experience and 
immigration documents form your side for the H-1B visa. Your company has to 
give their documents. Good luck. If you need more info in detail, please email 
me or please schedule a consultation.

Question :
Hi, Kavita,

I came in USA on B1-B2 visa, after that I transfer my visa to H-1, Now I want
to invite my children from INDIA? So what I have to do ? Is there h-1 stamping
required in my passport also ? Pl. advice .

Answer :

Your children should go for a stamping of H-4 visa in India. There is a good
chance that they will ask for the stamping in your passport. However I would
suggest trying for the H-4 visa. Good Luck with the stamping.

Question :

Dear madam ,

Right now I am on h-1 with my family members. my stamp of visa expire before
one year, and I have valid visa till 2006. So can i get the stamping on my 
passport with my family members.? 

Answer :

If your visa stamping had expired more than a year before, you cannot 
revalidate here in US. When you go out of the country, you can get it stamped 
in the consulate and enter US. 

Question :

Hi Kavitha, 

We file I485 together. 
My husband got fingerprint and I didn't got fingerprint schedule yet. 
is there any problem ? I check status on internet with by EAC no. but it is not 
showing any thing about fingerprint. 

When VSC issue finger print schedule then they update status on internet ? 

Thanks 

Answer :  

You need not get the finger printing together. You will get it soon. The 
fingerprint scheduling is not updated in the Case status online.

Good Luck

Question :

I am in USA on H-1B visa. I did not extend H-4 visa for my wife. Her visa is expired Can I send her passport for revalidation Advise.

Answer :

Hi:

This is one of the common mistakes made during H-1 extensions. H-4 needs to be extended when you extend your H-1B. The arrival departure document (I-94) is a very important document and you have to have that valid. If you send the visa for revalidation you will get the visa stamped but you will not get a valid I-94. You will have a new I-94 when you extend your visa and you have to file for the extension of H-4 also to get a new valid I-94. The H-4 will be extended based on your H-1B. It is very important to give the H-4 documents for extension to your attorney when you give yours for extension of H-1B visa. It is very important to extend the H-4 visa.

Question : 

Should I renew my green card that has no expiry date?

Answer :

Even if there is no expiry date you have to renew your green card. Go to the local USCIS office and apply for the new card. You will get a temporary stamping in your passport. It is a requirement that you should replace your old green card.

Question : 

What is the requirement of stamping H-4 visa in the consulate in India?

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 Application fee: Rs: 4900.00 –This fee is not refundable

Visa Issuance fee: Rs: 3675.00 – This fee will be returned if the visa is not issued.

Courier Fee: Rs. $300.00

For more info on that please check http://www.ttsvisas.com

Question :

Can I change my status from H-1B to H-4?

Answer:

As long as you and your husband have continued your jobs and obtained salary regularly, it is possible to change your status to H-4. You have to file the I-539 and send all the required documents to the Service Center to change your status to H-4.

Question :

Question: What is L-1 visa?

Answer :

L-1 is an intra company transferee visa. There are two categories in L-1 visa:

L-1 A and L-1B.

L-1A is for managers and executives and L-1B is for persons with specialized knowledge. The requirement is that the person transferred should have worked with the company abroad for at least one year within the three years before coming to US. The maximum permitted stay for L-1A is 5 years and L-1B is 7 years. The advantage of coming in L-1A is that there is no labor certification requirement in this category.  

If you have any questions about USA immigration then please send to : kavitha@nycindia.com 
Your answer will be published on www.nycindia.com only.

Kavitha Ramasami Profile :

Ms. Kavitha Ramasami practices United States Immigration Law with an emphasis on personalized service and fast turnaround on cases. The practice emphasizes on business and professional immigration matters, which include E, H, L, O and J visa classifications and employment and family based adjustment of status (Permanent Residency/Green Card). Ms. Kavitha Ramasami has an expertise particularly on employment based L-1 and H-1 visas. She assists clients with consular issues and also practices trademark registration.

Kavitha Ramasami is also a social activist. She is one of the founder members of the organization "MITR" which helps abused immigrant women in distress. She educates them about their rights and assists them with their immigration needs. Apart from English, Kavitha Ramasami is fluent in Tamil and conversant in Hindi.
Disclaimer:
Information contained on this website is intended for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. I will be pleased to provide legal advice after you sign and I accept a retainer agreement
For all your immigration consultations please contact: Kavitha Ramasami Esq.

New Jersey:    

New York:

1804 Merry wood Drive
Edison, NJ-08817 
Tel:732-393-9557
Fax: 732-875-0300

350, Fifth Ave, Suite 3304
New York, NY
Tel: 646-284-6679

Make  Home page  Visitor Feedback Legal Disclaimer Insurance Advertise Contact us