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If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

 

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My company filed my H1B on 1st June with premium processing.  It’s been one month now, but I have not received any decision yet. Can you tell me what would be probable cause of delay?

 

I cannot say why there has been a delay. It does happen from time to time, but I would first investigate. Did you get a receipt? If so, you can go online at www.uscis.gov and see what's happening. If the case was properly logged in and nothing happened within 15 days, you can request a refund of the premium-processing fee. You can also email the Premium Processing Unit with the email address on your receipt to inquire. They will usually respond within a day.

 

 

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Do you know how long it takes to process a travel document? I applied for advanced parole in June for travel on 8/17/2004.

 

Depends on where you filed the paperwork. You can look up I-131 processing times at the USCIS web site at www.uscis.gov. I can tell you that you have not allowed a lot of time to get the travel document.

 

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An employer is considering me for H1B visa sponsorship.  They have never done it before and are concerned that if they sponsor me for the  initial 3 year H1B visa that (i) they have to give me a 3 year contract (they usually contract for 1 year periods) and (ii) if it doesn't work out that they will have to pay out the 3 year contract.

 

Neither assumption is correct. You do not need to sign a contract even if your employer sponsors for multiple years. And the only financial liability your employer incurs is an agreement to pay you the prevailing wage while you are employed and an agreement to pay for a plane ticket home if they terminate you early.

 

 

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I am currently working as Research and Development Associate in Computer Science Department at a university. I am a H1B visa holder and since I am working in University, it does not come under the cap.

 

I plan to go to India and get my H1B stamped. I completed Masters in Information Technology and being paid $20,000.00 per year. Can my H1B stamping be rejected as I have low salary or working for University with a low salary is not a problem for H1b stamping? Also when I filed for my H1B the job offer letter said that my salary is $30,000.00 just for the sake of playing safe. I am really unsure whether to take the risk of going to India to get my visa stamped.

 

You're going to need to document that you are working according to the terms of your H-1B visa approval and you'll want to bring recent pay stubs documenting this. I think you are taking a risk here. Furthermore, you need to discuss this salary problem with your university as they are at risk of losing their ability to hire H-1B workers if they are not paying you what they promised the government.

 

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I am an F-1 visa holder and my husband is applying for visa F-2. Is it possible for him to come and go back to my country Nigeria on F-2 as he doesn’t want to be based permanently in the US? He wants to come visit me and go back. I hope to hear from you soonest so that I will know what next to do.

 

If he has a valid F-2 visa in his passport and a valid I-20 and if you're continuing to maintain status, the answer is yes.

 

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Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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