Dear Ashwin,
I am planning to apply for TN visa. I am a Canadian citizen and my new born two
weeks daughter born in Canada. My spouse is Canadian Permanent Resident. I
would like to know the procedure to apply for TD for my spouse and infant. What
documents would they need and where do we apply? I will greatly appreciate your
reply.
-Aamir
Dear Aamir,
For successful TD processing, you will need your TN approved and a
marriage/birth certificate for your spouse and child. You should obviously have
proof of Canadian citizenship, your TD dependents do not necessarily have to be
Canadian citizens. Everyone should bring a passport. It is my understanding that
you can apply at any point of entry into the US.
-Ashwin
Dear Ashwin,
My Brother is a Doctor in India, and recently completed his
Masters. He is interested to come to the USA for work. Could you please advise how he should go
about doing it? Is it a good option to come on a visitors visa and then change to a
work visa (once he finds a job) while he is in the country? I believe it is a different
process for Doctors, What is the work visa for Doctors called is it the same as
H1-B?
Please advise.
-Sonali
Dear Sonali,
Your brother could utilize either the J or the H-1B visa to work as a Doctor in the
US. As an international medical graduate (IMG), he will need to fulfill special
requirements which include steps 1-3 of the USMLE and possibly TOEFL. The H-1B
is the better option for him as there is no requirement for him to leave the US for
a 2 year period. Normally IMG's have to complete all the Medical testing
requirements and then complete a 3+ year residency (which he can work on as an
H-1B holder) at an IMG/H-1B friendly teaching hospital. Many of these hospitals
are H-1B quota exempt so he could still find a job during this H-1B blackout.
I don't recommend him coming to the US on a B visa unless he is coming to write
the requisite medical exams and then leave the US to apply from home. Often
there are intent problems if a person comes in a B visa and immediately changes
his/her status. A change of status from B to H-1B is possible, but you need to
ensure that you can establish a particular intent at the time of B visa application.
Also, the change of status should not be carried out within 60 days of entering
the US on a B visa.
-Ashwin
Dear Ashwin,
I understand that you are busy people but I would much appreciate a brief answer
regarding applying for entry of immediate family into the USA now that we are
resident. My husband's company are applying for his green card and both my older
children aged 26 and 29 would like to come and live in the USA for as long as we
reside here. My son is prepared to work at anything and my daughter is a science
teacher. Will there be obstacles or will the green card smooth the way?
-Liz Charters
Dear Liz,
This is a complex topic; you should arrange a personal consultation with an
Immigration lawyer to get your question answered fully. Your kids will likely not
be included in your husband's green card petition as dependents since they are
over 21 (and perhaps married). They will probably have to get their own
independent status in the US, otherwise it will take many years for them to get a
family based green card through their parent(s). Your daughter could perhaps
qualify for an H-1B visa if she has a 4 year degree which has a US educational
equivalency, and if she can find a sponsor in her educational specialty.
-Ashwin
Dear Ashwin,
Is it possible for persons holding non-US masters and above (e.g. from Australia,
Canada or New Zealand) to fall under the 20,000 cap exempted for US masters
holders, if it appears that the cap may not be reached?
-RD
Dear RD,
I do not believe so.
-Ashwin
Dear Ashwin,
I am on H1B visa. I recently moved to a new address. I want to send the Form
AR-11 to notify USCIS about my change in address. My wife and son are on H4
dependant visa. Do I have to send AR-11 forms for them also or only my form
would suffice?
-Asad Zaidi
Dear Asad,
I always recommend you send AR-11 forms for all members in the family as it
ensures an additional level of protection.
-Ashwin
Dear Elizabeth,
1. Yes, for a position which requires a 4 year degree but does not require a Pharm. license. You will have to examine the Occupational Outlook Handbook (do a search in Google for OOH) to determine whether such a position exists. I believe that it does.
2. Depends on the size and nature of your sponsoring company. Relevent factors include: whether it is non-profit or affiliated with an Institution of Higher Learning as defined in the Higher Education Act of 1965 and the size of the company (25 or less, or more than 25 employees). Attorney fees also vary.
3. Depends on the attorney and how motivated your company is in assisting the attorney with the supporting documentation. My firm can have the H-1B application compiled, reviewed and submitted within 2-4 days of getting everything back from the applicant and company.
4. Immediately
5. The proper term is "change" not "adjust". If you are not violating the intent requirement of the B visa, and it runs through October 1, 2006 then the answer is yes.
-Ashwin
Dear Ashwin:
My bachelor son aged 24 years has done his BS and MS( Computer Science) in USA has been working on H1B since 2004 . He intends to do his MBA in a US university. He will now have to change his visa status to F1.
We came to US in 2003 on green card as permanent residents. He could not be taken on our green card application as he was above 21 years of age. After our arrival we have filed for his green card in February 2005. It was fine as H1B visa permitted dual intention, but F1 does not.
What options can my son have to to attend school in US for his MBA and then get H1B once again. Can he study in the university on I -20 only.
Judith
Dear Judith,
Your son could change his status to F-1, however I would be cautious about exiting the country while in that status, as you correctly assume, re-entry could become a problem due to intent issues. I would recommend that he not exit the country while he is on F-1 status. When he finishes the degree, he should reapply for an H-1B.
Ashwin
Hi Ashwin,
Is travel abroad possible based on a previously stamped H-1B visa?
Bijay P.
Hi Bijay,
The
legacy INS Memorandum from Michael A. Pearson, Executive Assoc.
Comm'r, Office of Field Operations (January 29, 2001) states that an H-1B beneficiary is admissible at a port of entry even if he or she is no longer working for the original petitioner, provided that the following conditions are met:
1. The applicant is otherwise admissible;
2. The applicant, unless exempt under 8 CFR §212.1, §1212.1, is in possession of a valid, unexpired passport and visa (including a valid, unexpired visa endorsed with the name of the original petitioner);
3. The applicant establishes to the satisfaction of the inspecting officer that he or she was previously admitted as an H-1B or otherwise accorded H-1B status. If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petition's validity dates; and
4. The applicant presents evidence that the new petition was filed timely with the Service Center, in the form of a dated filing receipt, Form I-797, or other credible evidence of timely filing. In order to be a timely filing, the petition must have been filed prior to the expiration of the H-1B's previous period of admission. The burden of proof is on the applicant to show that he or she is admissible as an H-1B and eligible for visa portability provisions described in AC21. Please ensure that you collect all proper documentation prior to utilizing this process. In addition, you should obtain a letter from your current employer certifying that they are aware of your trip. If possible, consult an attorney for details concerning your specific case.
Driver's License Issuance
Dear Ashwin,
I'm interested in obtaining a driver's license, however, I believe I may be out of status. How do I find out whether I am eligible and what I need to bring to get a driver's license?
Ronaldo
Hi Ronaldo,
Click
here for more information about Driver's License Issuance.
Change of Address
Hi Ashwin,
I'm planning to change my address, I heard that I need to contact the INS and let them know?
Chandra
Hi Chandra,
All aliens changing their address must complete and file a form AR-11 and send it to one of the two addresses below:
U.S. Department of Homeland Security
USCIS
Change of Address
P.O. Box 7134
London, KY 40742-7134
For commercial overnight or fast freight services, only:
U.S. Department of Homeland Security
USCIS
Change of Address
1084-I South Laurel Road
London, KY 40744
Thanks,
Ashwin
|