Archive for June, 2010

How do I get a B-1/B-2 Visitor Visa?

Posted on June 16, 2010. Filed under: Immigration | Tags: , , , |

If you want to come to the United States for medical treatment or your organization has sponsored you a training in the United States, or if you want to do any education in the United states or if you want to visit your friends in the United States then you have to apply for B1B2 visitor visa usa. If you are coming in to the United States on a visitor visa usa for business purpose then you have to apply for B-1 visitor visa usa. For others you will have to apply B-2 visitor visa usa.

When you intend to enter the U.S. on a visitor visa usa then the visit should be only for a short term and you should have a permanent residency in your home country. In order to get an B1B2 visitor visa usa you should have  strong evidence to prove that you are entering in to the United States only for a short term and your intention is to return to your country once after your visit.

You should have strong document to prove that you have a very good base in your home country so  that you will return to your home country once your days in the United States expires.

It is not possible to change the status to other status while you are inside the U.S. on a visitor visa usa.

While one is in the United States on a business visitor visa usa:

One can decide on sales and investment, negotiate business, attend the business meeting and visit family friends, can conduct interview and can hire employees, and do research and analysis. While one on a business visa cannot run a business, have a salary from the U.S. organization or participate as a professional in any event.

The visa stamp will be on your passport and the period of your stay will also be stamped. You can enter in to the United States any time in that time period.

When it comes to a business visitor visa there is no provisions or separate dependent category for your child or your spouse to accompany you.

The following supporting documents should be submitted with the application for B1B2 visa:

  • If the sponsor is an employer then a letter from the employer to the consulate to request a visa along with the documents explaining the purpose of the visa, the lodging, traveling, food medical expenses by the company should also be made.
  • If the tour is for any seminar then you will have to submit a copy of the event registration for the seminar, the presentations you have worked on, and any related document.
  • Should also submit the company’s financial records, and taxation records.
  • If the purpose of the trip is intended to visit a relative in the United States then the sponsor should be in the United States and need to provide affidavit of support affirming that you the visitor will not fall under the government charge while in the United States.

Your exit date will be on the I-94 stamping by then you will have to return to your country.

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How can I sponsor my spouse for a Green Card?

Posted on June 9, 2010. Filed under: Immigration | Tags: , , , , |

If you are a U.S. citizen or a permanent resident then you can sponsor your spouse for a marriage -based Green Card. However there are some legal requirements for a marriage-based Green Card. The requirement is that spouse must prove that you are legally married, you are in a bona fide marriage, you are a lawful permanent resident or a U.S. citizen, neither your spouse nor you are married to anyone else.

If you are a U.S. citizen and your spouse is outside the United States, the your spouse is called “immediate relative”, because of which getting a marriage-based green card is smooth, there is no long waiting periods.

There are two choices for your spouse to get the marriage-based Green Card.

1. Your spouse completes all the application process overseas and enter the United States with full rights as a green Green Card holder.

2. Your spouse can enter the United States on a K-3 visa and then later adjust status to permanent resident. An important thing to note here is that, if you were married lees than two years when your spouse arrive th United States on a K-3 visa or approved for the marriage-based Green Card, then your spouse will only be given a conditional Green Card valid for two years. Those two years will be a testing period and your spouse will need to remove the conditions on Green Card within 90 days of its expiration by filing the Form I-751. Then USCIS will review the file and if required USCIS may conduct an interview to check whether the marriage is real.

Please note that if you are lawful permanent resident then your spouse falls under preference relative. Visa availability for preference category is limited, because of which, spouse of a lawful permanent resident may need to wait outside the United States until the priority date comes current.

There are four major steps involved in obtaining a marriage-based Green Card.

1. You have to file Form I-130, Petition for Alien Relative.

2. Fill out the forms sent by the NVC and pay the necessary fees.

3. Then NVC transfers your file to the U.S. consulate, where your spouse will be interviewed and if approved your spouse will receive the immigrant visa. 4. Your spouse has to present the immigrant visa at the U.S. border, where it will be examined and if everything goes smoother then your spouse’s passport will be stamped for U.S. residency.

If you are a U.S. citizen and if your spouse is in the United States, then I-130 and I-485 can be concurrently filed. I-485 is the form used for adjusting status to lawful permanent resident.

If you are a lawful permanent resident and your spouse is outside the Unites States then there are five major steps involved in obtaining a marriage-based Green Card.

1. You need to file Form I-130, Petition for Alien Relative.

2. Your file gets transfered to the NVC and you need to wait until the priority dates become current.

3. Once the priority date is current then NVC send the forms to be filled.

4. Your spouse attends the interview at a U.S. consulate, if approved obtains a immigrant visa.

5. Your spouse has to present the immigrant visa at the U.S. border, where it will be examined and if everything goes smoother then your spouse’s passport will be stamped for U.S. residency.

If you are a legal permanent resident and if your spouse entered the United States legally, then your spouse can stay in the United States (if the immigrant visa lasts long enough to get through the waiting period) and then he or she can adjust the status to permanent resident. If the visa does not lasts to get through the waiting period then your spouse can leave the United States and wait overseas until the priority date becomes current and then apply for a marriage-based Green Card. at a U.S. consulate.

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What are the requirements to maintain H-1B status?

Posted on June 4, 2010. Filed under: Immigration | Tags: , , , |

Maintaining your H-1B status is more complicated when compared to obtaining a H-1B status.  In this slow down economy employees working in US on H-1B status specifically in Software Industry have a very tough time to maintain the H-1B status when they get terminated. The H-1B status employees should work legally inside the U.S. to be legal.

Maintaining the H-1B status doesn’t mean just having an unexpired I-94.  There are many requirements which an employee has to meet in order to maintain the status. The employee should be in the work which is on the approved H-1B petition. The employee should be working in the address or the geographic location as mentioned in the H-1B petition. The employee should also be working only for the number of hours as mentioned in the H-b petition, and should be receiving the salary as mentioned the petition not less than that. If the employee doesn’t maintain any of these it means that he or she is unlawful status.

If the H-1 B will be expiring soon then the employee needs to apply for an extension before it could expire, if one stays in the United States after the expiration of the H-1B status it means that he is unlawful in the United States.  The employee will receive an extension for 240 days of the H-1B visa.

If the employee on the H-1B status is planing to work for a different employer, not the employer through which he got his H-1B status then if the employee switches to the other company before the H-1B status was approved, and later if the petition was denied then the employee either has to go back to the previous employer or should leave the United States, otherwise he will be out of status.

Employees on valid H-1 B status should also have a valid passport, along with this should have an unexpired I-94. If in case of changing address then the employee needs to notify USCIS the change of address within 10 days.

If the H-1 B status employee is on the bench and he is no paid then the H-1B status will become invalid. Any absence should be carefully documented and there should be proof of enough document to support this.

If the H-1 B status expires and the employee continues to stay in the United States it will be an unlawful stay and there are possibilities that the employee will be barred to enter the United States for 3 years or sometimes even 10 years, and later there are possibilities that he may not be able to enjoy any immigration benefits. Its is important the employee should leave the United States 10 days from the date of employment which is mentioned in the visa or the I-797 Notice of Action.

Also if the employee  is planning to apply for adjustment of status then one has to be very careful. They should maintain a valid work authorization. If the employee works illegally there are possibilities for the green card to be denied again losing the immigration benefits.

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