We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

Will the new employer be able to transfer my H1-B and I-140 statuses?

My H1-B visa which was granted initially for three years plus another three-year extension expired in 2015. Since I have a valid I-140 petition with my current petitioning employer, I was able to secure an extension approval beyond the regular 6-year term. My new H1-B visa status will now expire in September 2018. I intend to move to another employer since my current employer is planning to fire many workers in the near future. This is where my question comes in. Is it possible to switch to another employer and still maintain my current H1-B visa status?

Answer: Basically, Yes. However, we advise you to get another U.S. employer who’s ready to offer you a similar or even better H-1B position before you leave your first employer. Since you’ve already secured another H-1B extension, and your current employer has not withdrawn your I-140 petition, the next step is straightforward. First, ask your soon-to-be employer to restart the “green card” application process. The application process is quite lengthy but simple. Your future sponsoring employer needs to file a brand new PERM Labor Certification and Labor Condition Application (LCA). The employer must also file Form I-140 on your behalf. The process takes up to six months to prepare so the good news is that you’ll be able to reclaim/recapture/re-use your old PERM’s earlier priority date.

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

Can my student visa be canceled during the process of securing a US Green Card through marriage?

My wife (who’s a US citizen by birth) and I got married earlier this year (I’m in the US on a F-1 type Student Visa). We submitted to immigration all the required documents for the application of the American Green Card through marriage in early July. Below are the documents I’ve received from immigration as of today:

• Receipt for payment of I-485
• Receipt for payment of I-130
• Biometrics appointment schedule for next week

My classes are set to kick off at the end of August and I thought it would be a waste of cash if I started paying for my tuition as a non-US student (as well as international student insurance) if my Green Card application will be ready within the next six months. Right now, my greatest concern is that if I fail to pay, my college will most likely cancel my current F-1 Visa.

Could this cause me any problem in my Green Card application process?

Answer: Don’t worry, as long as you’re certain of your marriage to your American wife, then there is nothing to worry about with your F-1 visa status. Indeed, the good news is that you can even start planning on the next good use for the money you’re going to save here!

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

Do any government bodies have the authority to invalidate the legally issued documents of a foreign country?

I’m a Hungarian national and a US green card holder – not a US citizen yet. I recently applied for a Hawaiian driving license though I have a valid driver’s license issued by Hungary.

I took both the written and road test and passed both but the female clerk I met at the DMV insisted they would have to invalidate my Hungarian driving license before I could be issued a Hawaiian one. Had I become a US citizen by now it would have made sense but I’m still a Hungarian citizen. Seeing as I seemed to have no choice in the matter, I allowed her to do so. I have been wondering since then: does the DMV or any other government body have the authority to invalidate the legally issued documents or any other property of a foreign country?

Answer: This scenario appears absurd to us too.

Unless the State rules in Hawaii state so, it makes no legal sense that a foreign authority would have the jurisdiction and competence to void or in any other way invalidate a legally issued driver’s license from another state or nation.

Just seek a second opinion by asking to see her Supervisor about it. If you meet them and they are also saying the same thing, you could try a different DMV and hopefully get a better and more “reasonable” response. If for some reason you can’t approach another DMV at this time, then allow them to go ahead and then “invalidate” the Hungarian driver’s license. Most likely they will do this by cutting the edges of the license and by stamping “cancelled” across it but do not throw the Hungarian driver’s license away.

Getting a US driver’s license for the state you currently reside is of paramount importance for now for obvious reasons. If at some point in the future you are back in Hungary and need to use a Hungarian driver’s license, just show them the “invalidated” old license and apart from a few laughs that would get and the chance of instant popularity, there should be little or no trouble renewing or reissuing you a new one.

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

How long should a marriage to a US citizen last before filing for a green card?

Many people who are residing in the US using some form of a visa and who have emotional relationships with US citizens realize that marriage could be their path towards citizenship. As a spouse of a citizen, the individual has the right to file for a Green card. However, at the same time, many wonder how long should the marriage last before this procedure it triggered. Should the person file right away once they get married, after a few months, or should they wait for an entire year?

Answer: The USCIS (United States Citizenship and Immigration Services) does not differentiate cases based on the previous length of the marriage up to a certain point. To the same agency, any marriage that does not involve a child born or which lasts less than two years is classified as suspicious in the exact same way. The suspicion is cleared when the authenticity of the same marriage is proven. This is achieved 50% though the documentary evidence, while the other 50% covers oral testimonies of both partners during personal interviews that take place in the USCIS. Simply put, if the marriage is shorter than two years, the USCIS perceives any duration in the same manner.

We frequently receive questions from clients that we’re happy to answer and share with you. We hope that you see this as a valuable resource. If you have more questions, please email them to info@immigratingtousa.com. 

Can I file/apply for my own green card on F1 status?

Currently, I don’t have my I-140 and I’m just 11 months away from the expiry of my 6-year H1B visa. I am on a B2 at the moment. Since I want to enroll in an MBA degree, I want to know if it’s possible to get back to an F1 in the meantime and start my own green card process. I think this will help me get my I-140 so that I’ll be able to extend my H1B by another 3 years.

Answer: Of course its possible to have your status changed to F-1 although you will have to wait up to six months for CIS to give a ruling on your application for COS. It’s advisable that you apply for your F-1 visa at your home country US consulate.

It’s not practical to consider applying for a green card yourself under either the “extraordinary ability” or “national interest waiver” standards. Its advisable to obtain your student visa first, then your employer will start the “ GC “ process while you pursue your MBA.