Question & Answer* (Answer is on top of the Question)

Attorney said: September 13th, 2008 5:32 pm
Karthick, you need to obtain an entry L-1B visa from the local consulate or embassy in Switzerland, assuming, among others, that you are not a U.S. citizen or permanent resident and that you do not have an multiple entry visa that is still effective. It is important to keep in mind that before people usually try to secure a return visa by visiting Canada or Mexico first and then get a visa back and then use that visa to travel abroad. This is no longer advisable to do because in case a visa is not given in Canada or Mexico, you can not return back to U.S. with a valid I-94.

Karthick said: September 13th, 2008 5:25 pm
I have L1 B.I would like to make a trip to Switzerland[Tourist Visa]. I have all the approval from my employer for this trip. If this is possible , do I need to physically present in the consulate office.Please advice

Attorney said: September 13th, 2008 5:20 pm
Christian, Adoption for immigration purposes must be finalized by the time then the adopted child turns 16 years of age. Each country has its own adoption organization responsible for this matter. Therefore, you need to make contact with the relevant agency or administration in the home country of the child. The adopted child must be an orphan in the legal sense. You at least should have an attorney to represent you to petition for the immigrant visa for the adopted child when the adoption is finalized. If the adoption occurs after the adopted child turns 16, then generally the adopted child is not eligible, but there are circumstances that the child may be eligible.

christian brinkerhoff said: September 7th, 2008 8:36 am
my wife and i would like to adopt her niece from the philippines, im a citizen my wife is a legal resident and we have been married 7 years. do i need an attorney for this, what is involved in this process/

Attorney said: August 30th, 2008 1:18 pm
There is only one unlikely scenario where you can leave now and retain the priority date of your labor certification. That is your current employer must still keep sponsoring your petition with the understanding that you will come back to work for them and there should be a position available for you. If this is not the case, then you should wait till your I-140 is approved and then leave for another company. Then you will retain the priority date of your first I-140.

Ravi said: August 29th, 2008 4:17 pm
I am currently on a H-1B visa and have filed labor certification. Can I change my job before it is approved and still retain the priority date of my labor certification when one day I adjust status in the U.S.?

Attorney said: August 29th, 2008 5:45 am
You want to time your marriage prior to the date when your adjustment of status application is approved. Failure to do so will subject you to unwanted separation for years. Remember, except for some expired exceptions, there is no immediately available non-immigrant visa available for spouses of green card holders. It does not matter whether your fiance is present or not in the U.S. You must marry her in China or in US before your adjustment of status is approved. She can follow to join after you I-485 is approved or file her own I-485 while your I-485 is pending. In order to bring her over before your I-485 is approved, you must maintain certain non-immigrant status so that she can apply for non-immigrant spouse status to enter U.S.

Shang Yin said: August 29th, 2008 5:20 am
I have filed I-140 immigration petition and I have a pending I-485 adjustment of status application. My fiance is in China. What is the best procedure for me to get married and bring my fiance over to join me?

Attorney said: August 28th, 2008 8:28 pm
This is one of the grey areas of immigration law. However, nothing prevents you from being a shareholder, or an owner, in any public traded U.S. corporation. For some non-immigrant visa holders, you already become owners of some of these corporations by buying stocks online. The same logic applies to private companies. Anyone can become owners of their own company incorporated in any jurisdictions of the United States. Nevertheless, as an owner, you can not be employed by the company you own without satisfying immigration laws. You can not work for your own company for salaries as an employee without proper legal status to do so. Even though you can not receive salaries as an employee, you are entitled to receiving dividends as a shareholder. Recent regulation allows full-time self-employment for students on post-completion OPT status.

Sophia said: August 28th, 2008 8:23 pm
Can I have my own business while being on a non-immigrant visa?

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