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Ask Visalaw.com

Q - Can I travel while waiting on my green card? I was petitioned by my US citizen husband.  

A - In most cases, you can get an "advance parole" document that allows for travel. A few notes of caution, however -  

1. the document can take a few months to get so apply for it early 2. in some cases, travel is not okay such as certain cases where there have been previous status violations 3. don't leave the country until you have the document in hand 4. the document is only valid for a year and it is very important to return before it expires 5. make sure that you don't miss your interview and make sure you monitor your mail for correspondence from USCIS.  

*****  

Q - My friend is here on a visitors visa (B-1/B-2). He decided that he might want to attend school here (graduate) and he applied and got in. Does he have to go back to Egypt or can get it changed to an F1 here? Which would be better?  

A - It is almost always easier to process in one's home country. USCIS usually assumes that a person who requests a change from a B to an F visa never really had intentions to be a visitor. So these cases are usually denied. An exception exists if a person is coming to the US for the purpose of selecting a school and that intention is expressed at the time of visa issuance or entry. A consular or port of entry officer would note this on the I-94 or visa.  

The fact that a person left the US in a timely manner will make a difference with a consular officer when the F-1 visa application is requested.  

*****  

Q - I would like to know how long it will take for my mother to get a green card if I file for her. I’m a legal resident and my mother is already in the United States .  

A - Note that there is no green card category for parents of permanent residents. Only citizens can sponsor parents for green cards.  

*****  

Q - I'm a US citizen, live in New Jersey and planning to move back to India . Meanwhile, I'm thinking to petition for my parents to get green cards. I heard it takes around one year to process. Once they get the notification, is there any limitation of where my parents have to be landed? Because we have friends in Oregon , can they land in Oregon ?  

A -  You can sponsor your parents, but you need to make sure you have a residence in the US when it comes time for them to get their green cards. The process varies in terms of processing time and I usually tell clients to check processing times online and then assume it could take six months to a year longer. As for where your parents need to go in the US , they can go anywhere they like.  

*****  

Q - I am currently working for Company A on F-1 Optional Practical Training & the same Company has filed for my H1B that will start on 1 Oct 2006 (if approved).mIf I want to change employers after 1 Oct, do I need any pay stub from Co. A after 1 Oct to do H1B transfer to Co. B?

If yes, how many pay stubs (I get paid twice a month) ?  

A - You generally need to be prepared you were working for the first employer when you switch H-1B employers via a change of status in the US . USCIS may let you get away with not presenting a paystub, but they will often request this.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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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