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U.S. Immigration Questions Here


H-1B status is initially granted for a maximum of 3 years and can be extended further for 3 years.
All foreign nationals must have a lawful stay.
Under the AC 21 (American Competitiveness in the Twenty-First Century Act of 2000), if a green card application was filed and pending, one may be eligible for an extension of h1b stay.
In addition, one can recapture the time spent outside the U.S. during the H-1B validity period. The early initiative is important in taking advantage of these provisions.
To learn more about the H1B process, check here

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, and 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 his stay in the U.S. stays consistent with the 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 class to the appropriate category.

H-4 status depends on the principal beneficiary's H-1B status and is not good after the principal goes 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 for help!

Time spent in H-4 status will not count against the 6 years 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 main beneficiary for the next 6 years.

Visit Again To See Questions On H-1b Portability


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

If one (i) acquired skills that are in short supply in their country; (ii) received some governmental financing; or (iii) received graduate medical education or training; one is subject to the 2-year home country residence requirement and may seek a waiver of return residence requirement before seeking a change of status or immigrant or non-immigrant visa.

An exchange visitor on a J-1 status 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 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.

Other Questions:

Visa is official permission for a foreign national to enter a country different from one of his nationality. U.S. visa is given by the U.S. Consulate abroad. Most foreign nationals need a visa to enter the U.S. Nationals of countries participating in the Visa Waiver Program(VWP) may enter the U.S. for a short period.
Contact Haranlaw if you need help with this.

It depends on why you want to come to the U.S. Each U.S. visa is for a specific purpose. Contact for advice.

An immigrant visa is given to someone who wants to come and live in the U.S. permanently. This kind of Visa is sought by 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 the U.S. for a specific purpose and a specific period and would return to his home after the purpose is attained or the period expired.

This may stand in the way of seeking admission into the U.S. in the future (apply for a new visa at the U.S. Consulate or Embassy or seek entry at the border even after getting a visa).
Contact this law office for help with I-94 issues.

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 turn it in when you leave the U.S. to return home.

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

The following general requirements must be fulfilled to attain naturalization:

  • Be 18 yrs. of age,
  • be a lawful permanent resident for 5 yrs.,
  • We have been continuously residing in the 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. The interplay of these situations and the existence or non-existence of certain other factors need careful analysis. Having your immigration history assessed by a competent legal professional may be important.

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

Every foreign national residing in the 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 a pending application with USCIS, call USCIS Customer Service at 1-800-375-5283.

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