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Forum: US Immigration, Citizenship and Visas

Oct 8th 2004, 11:18 pm

Replies: 10

H-4 question

Views: 553

Posted By jgeiger42

Re: H-4 question

USCIS doesn't mind if H-4 dependents work as volunteers, so long as the volunteer work isn't used as a method to skirt the immigration laws. An example of a "bad" volunteer situation: H-4 dependent...

Forum: US Immigration, Citizenship and Visas

Oct 8th 2004, 10:17 pm

Replies: 3

H-1B FY2005 Cap Reached Oct. 1

Views: 414

Posted By jgeiger42

H-1B FY2005 Cap Reached Oct. 1

On October 1, USCIS announced that it has received enough H-1B petitions to meet the cap for Fiscal Year 2005 (Oct 1, 2004 - Sept 30, 2005). USCIS will process cap-subject petitions received by the...

Forum: US Immigration, Citizenship and Visas

Oct 8th 2004, 9:57 pm

Replies: 8

H1B or H1B1

Views: 3,825

Posted By jgeiger42

Re: H1B or H1B1

In previous years, INS made a distinction between H-1B1 (Specialty Occupation) and H-1B2 (Fashion Model). These days they've dropped the distinction-- specialty occupation workers and fashion models...

Forum: US Immigration, Citizenship and Visas

Sep 18th 2004, 6:21 am

Replies: 24

N-400 Citizenship process time?

Views: 1,464

Posted By jgeiger42

Re: N-400 Citizenship process time?

If it may help put your mind at ease at all, fingerprint checks are currently moving very slowly for everyone. The hold-up seems to have started around March of this year. Up until then, the checks...

Forum: US Immigration, Citizenship and Visas

Sep 15th 2004, 5:34 pm

Replies: 3

Apply 2 H1B visas

Views: 441

Posted By jgeiger42

Re: Apply 2 H1B visas

USCIS (the former INS) will not pay any attention to the first H-1B when reviewing the second H-1B petition. It is entirely permissible for two employers to petition for the same worker. Once you...

Forum: US Immigration, Citizenship and Visas

Sep 15th 2004, 5:12 pm

Replies: 2

H1B Transfer Rules

Views: 739

Posted By jgeiger42

Re: H1B Transfer Rules

All of the time spent with your current H-1B employer counts against your six year limit on H-1B time. For example, if you spend two years working for employer A, you have four years of H-1B time...

Forum: US Immigration, Citizenship and Visas

Sep 10th 2004, 2:17 pm

Replies: 6

New H1B not subject to cap because of recently held H1B

Views: 633

Posted By jgeiger42

Re: New H1B not subject to cap because of recently held H1B

Whoops! I guess that's why I'm called a "Junior Member." :)

Forum: US Immigration, Citizenship and Visas

Sep 9th 2004, 7:42 pm

Replies: 6

New H1B not subject to cap because of recently held H1B

Views: 633

Posted By jgeiger42

Re: New H1B not subject to cap because of recently held H1B

Ingo is exactly right. Someone who has held an H-1B previously and has not been physically present outside the US for 12 consecutive is not subject to the cap. What USCIS is looking for is whether...

Forum: US Immigration, Citizenship and Visas

Sep 9th 2004, 7:33 pm

Replies: 12

H1B outside of the CAP

Views: 724

Posted By jgeiger42

Re: H1B outside of the CAP

It's true, the H-1B cap for FY 2005 (Oct 2004 to Sept 2005) is almost, if not already, used up. Once the numbers are gone, the only H-1Bs available will be exempt employers, i.e. institutions of...

Forum: US Immigration, Citizenship and Visas

Sep 9th 2004, 6:24 pm

Replies: 1

L-1A interview

Views: 359

Posted By jgeiger42

Re: L-1A interview

The various U.S. consulates around the world vary alot in what they'll ask at an L-1A interview. The more lenient ones may ask very little at all, that is, just the usual questions before issuing a...

Forum: Marriage Based Visas

Sep 9th 2004, 6:03 pm

Replies: 33

Asylum

Views: 1,197

Posted By jgeiger42

Re: Asylum

People who enter on B visas can apply for asylum, but these days its pretty tough to get an application approved. The standard is that one must have a well-founded fear of persecution in one's own...

Forum: US Immigration, Citizenship and Visas

Sep 9th 2004, 5:47 pm

Replies: 24

N-400 Citizenship process time?

Views: 1,464

Posted By jgeiger42

Re: N-400 Citizenship process time?

The Los Angeles District Office's most recent processing times report (June 2004) says it is currently taking 240 -300 days from application filing to swearing in. That's not a precise predictor of...

Forum: US Immigration, Citizenship and Visas

Aug 20th 2004, 9:40 pm

Replies: 24

E-2 Visas and teenagers reaching 21 years old

Views: 1,298

Posted By jgeiger42

Re: E-2 Visas and teenagers reaching 21 years old

Unfortunately, dependents of E-2 visa holders have to find their own U.S. visa status once they reach 21. One option is the F-1 student visa, which can lead to an H-1B visa after graduation from...

Forum: US Immigration, Citizenship and Visas

Feb 26th 2004, 5:47 pm

Replies: 5

Step-children and I-130 process

Views: 1,150

Posted By jgeiger42

You do definitely have to submit separate I-130s...

You do definitely have to submit separate I-130s for each of the children. They are not covered in your spouse's I-130. (By the way, an officer at San Francisco District Office told me the same...

Forum: US Immigration, Citizenship and Visas

Jan 27th 2004, 11:40 pm

Replies: 10

I choose to become an illegal alien

Views: 687

Posted By jgeiger42

Re: I choose to become an illegal alien

Dear E.O.,

I wish I could offer more than just my sympathy. I'm a U.S. immigration lawyer, and I find it incredible that our law does not provide some permanent resident status for...

Forum: US Immigration, Citizenship and Visas

Jan 27th 2004, 11:40 pm

Replies: 10

I choose to become an illegal alien

Views: 677

Posted By jgeiger42

Re: I choose to become an illegal alien

Dear E.O.,

I wish I could offer more than just my sympathy. I'm a U.S. immigration lawyer, and I find it incredible that our law does not provide some permanent resident status for...

Forum: US Immigration, Citizenship and Visas

Sep 16th 2003, 11:33 pm

Replies: 16

Student... tourist waiver visa

Views: 926

Posted By jgeiger42

In order to get your passport back from the...

In order to get your passport back from the embassy, you will have to withdraw your F-1 visa application. All processing on it will stop, and when you apply again later, it will be like starting an...

Forum: US Immigration, Citizenship and Visas

Sep 15th 2003, 4:10 pm

Replies: 16

Student... tourist waiver visa

Views: 926

Posted By jgeiger42

Re: wel....

Best of luck-- be confident and you should do fine!

Forum: US Immigration, Citizenship and Visas

Sep 12th 2003, 10:31 pm

Replies: 16

Student... tourist waiver visa

Views: 926

Posted By jgeiger42

Re: very frustrating I know ....

Hi,

Technically and by law, you are are eligible for entry into the U.S. on visa waiver. However, you should remember that by that time you'll have an F-1 visa in your passport. (I don't think...

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