Law Office of Lalita Haran, J.D., LL.B.

An H-1b is granted for 3 years and may be extended for an additional 3 years. 

However, under AC 21 (American Competitiveness in the Twenty First Century Act of 2000) if you have a labor certification application and/or immigrant visa application pending for over 365 days or under certain other circumstances you may be able to get an additional period of stay beyond the six year maximum. 

In addition, you may also be able to recapture the time spent outside U.S. during your H-1B validity period.  Early initiative would be key in taking advantage of these provisions.

An H-1B visa holder is entitled to a full 6 year period of status from the date of initial entry in the status.  Any unused time e.g. 'days' spent outside U.S. by an H-1b holder do not count towards the allowable maximum period of stay and may be taken into account to extend the 6 year period by the same number of days.  This provision applies to L visa also.

If one loses an H-1B status, (s)he must follow the same procedure as before to get a new H-1B.  You should try to preserve the H-1B status as you start your Adjustment application even as you undertake your foreign travel.  This should protect your status in the modern days of uncertainty.

Yes, you should be able to achieve what you want.  You must check with a competent legal professional because your personal case details matter at this stage.

As long as the purpose of the stay in U.S. is consistent with purpose of H-4 status, (s)he can study and go to school and still maintain valid H-4 status.  If education becomes the primary purpose then (s)he should seek a change of status to the appropriate category.

An H-4 status is dependent upon the principal beneficiary's H-1B status and does not hold valid after the principal went out of status.  The academic goal may be achieved after fixing the immigration status.  All the H-4s dependent on this H-1B holder are out of status.  Contact a competent legal professional immediately.

Time spent in H-4 status will not count against the 6 years maximum period of admission allowed for H-1Bs.  For example, a spouse may be the H-4 dependent of the principal beneficiary for the first 6 years and then change status to H-1B principal beneficiary for the next 6 years.  You should be able to stay in U.S. for the full period of 6 years.  Ofcourse, you would need to seek extension after the expiry of the first 3 year period assuming your employer has the position for you.

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Foreign nationals entering U.S. on a J-1 visa may be subjected to 2 year home country residence requirements.  The notations on the form DS-2019 or on the passport about this are not conclusory and further inquiry may be necessary. 

If your skills are in short supply in your country or received some type of governmental financing or if you received graduate medical education or training you are subjet to the 2 year home country residence requirement before seeking change of status or immigrant or non immigrant visa.  The waiver applications require extensive documentation. 

An exchange visitor on a J-1 who is subject to the two year foreign residence requirement could not seek the H or L visa or permanent residence until the exchange student is physically present for two years in the country of nationality or in the country of last residence.

It depends upon what the funds were used for.  You must consult an immigration attorney and discuss all the facts.

You should find most of the forms at USCIS website.  You may need to carefully choose which form would apply to your situation. 

Visa is an official permission to a foregn national to enter a country and is given by the Department of State in U.S.  Most foreign national need visa to enter U.S.  Nationals of certain countries do not need visas to enter U.S.

An immigrant visa is given to someone who wants to come and live in U.S. permanently.  This kind of visa is sought ny foreign nationals living abroad and desiring to attain permanent resident status in U.S.  A non-immigrant visa is given to the foreign national who maintains a home abroad but would like to come into U.S. for a specific purpose and for a specific period and would return to his home after the purpose is attained or the period expired.

If you returned home with the I-94 (white or green departure record) your departure is not recorded by the U.S. Customs and Border Protection (CBP).  This means that your earlier record of arrival in to U.S. is not closed out.   This may stand in your way of seeking admission to U.S. in future (when you apply for a new visa at the U.S. Consulate or Embassy or seek entry at the border even after getting the Consulate approval). 

If you failed to turn in your I-94 at the time of departure from U.S., you should not send it to any U.S. Consulate or Embassy but you may mail it to ACS - CBP SBU, 1084 South Laurel Road, London, KY 40744 along with other proof of departure.  As always, keep a copy of what all you send CBP and carry it with you when you travel to the U.S. next time. 

No.  When taking short trips of 30 or fewer days to Canada, Mexico or the Caribbean Islands during your U.S. trip you should retain the I-94 or I-94(W) and should turn it in when you leave U.S. to return home.

A foreign National attaining the rights of a citizen in U.S. is called a naturalized citizen.

The following general requirements should be fulfilled to attain Naturalization:

You must be 18 yrs. of age,

You must be a lawful permanent resident for 5 yrs.,

You must have been continuously residing in U.S. for 5 yrs. (absence for 6 mos. to 1 yr. could break the continuity of residence), satisfy the requirements of physical residence and possess good moral character. 

You must be attached to the principles of the U.S. Constitution.  Interplay of these situations and existence or non-existence of certain other factors need careful analysis.  It may be important to have your immigration history assessed by a competent legal professional.

A U.S. citizen parent, or a citizen grandparent or legal guardian in certain circumstances, may apply for a certificate of citizenship for such a child.  There are physical presence requirements for the parent or other person applying on bahalf of the child.  You should seek consultation to see if all the conditions are satisfied before filing.

Every foreign national residing in U.S. for over 30 days must inform USCIS through form AR-11 of a personal change of address within 10 days of such change.  Failure to do so may entail deportation. 

In addition, if you have filed papers for any immigration benefits, you must report the change of address: if you have filed papers but have not yet received a filing receipt by calling USCIS Customer Service at 1-800-375-5283 or if you have the receipt you could do this Online here.