Q & A June 11, 2006
Q & A 1. 2. 3.
Q&A 1.
Interviewing for an H-1B Visa Outside the U.S.
Web Lee Reader asks:
I obtained H-1B status in U.S. in 9/04 using my original name,
the same year, I went back to Taiwan and received the H1-B visa
at AIT. I am currently working in U.S.. However, I changed my name
in 2005, and filed the labor certification thru an attorney under
the new name 2 months ago. Because I am planning to go back to Taiwan,
I inquired with AIT and USCIS with the name issue. AIT indicated
that I must have the new name on I-797 before I could go back to
Taiwan applying H1-B visa; and USCIS told me to file an amended
I-129 with my new name in order for me to obtain I-797 with the
new name. I have submitted the Amended I-129 to the USCIS at this
time. My questions are:
1. If I successfully obtain the I-797 with the new name, when is
the best time to go back to Taiwan for H-1B visa?
2. Should I complete the Taiwan H-1B visa before my attorney filing
the I-140 or I-485?
3. If I go back to Taiwan for the H-1B visa after the I-140 or I-485
was filed, will I be denied visa due to the filing of immigration
status and must stay in Taiwan until the change of status is complete?
Dear reader:
1 The timing of when to travel to Taiwan to apply for an H-1B visa
will be largely up to you and your employer. If you are concerned
with waiting times, you can check the Department of State website
for the current waiting times of visas in Taipei.
2 The filing of an I-140 or I-485 has no effect upon the ability
of an H-1B holder to obtain an H-1B visa at U.S. consulates or embassies.
3 No. However, an H-1B visa may still be refused on other grounds
such as inability to show that this is a valid position, or problems
emanating from prior visa applications or an illegal status in the
States.
Q&A 2.
Options for a U.S. Citizen in Bringing the Boyfriend to the States
Chen Reader asks:
I have just received my U.S. citizenship. I want to marry my high
school boyfriend, who is a Chinese but currently in England studying.
I want him to come to the U.S. as soon as possible. My questions
are:
1. Can my boyfriend adjust stats in the U.S. if he uses B1 visa
entering the U.S. and then get married here?
2. How long will it take if I apply for him as fiancé? Do
I have to go to England visiting him? What documents do I need?
3. How long will it take if we get married either in England or
China and apply immigrant for him?
Dear reader:
1 Individuals who enter the United States under B-1 or B-2 visas
(business or pleasure) must have the right intention at the time
of obtaining the visa and at the time of entering the U.S. consistent
with the restrictions on those types of visas. If your boyfriend
is only using the B visa to enter in order that he can marry you
and adjust status in the U.S., this might be seen as some form of
visa or entry fraud by a U.S.C.I.S. examiner.
2 A better alternative is the K-1 fiancee visa if you both intend
to marry and have him adjust status in the States. Typically your
boyfriend should be able to come over from England within six months
from the date of your application at the U.S.C.I.S. service center
having jurisdiction over your place of residence. You must have
the intention to marry within 90 days of his arrival in the U.S.,
have a bonafide relationship with him at this time, and have seen
him within the past two years. You should provide documentation
of your relationship including photographs and other evidence of
your communications, and proof of your U.S. citizenship. The application
generally involves filling out the appropriate forms (I-129F and
G-325A for both of you), providing passport type photos for both,
and writing a statement detailing your entire relationship and intent
to marry.
3 If you are married before making an application, you can either
petition for your husband through a K-3 petition if you wish him
here on a nonimmigrant basis (married version of the K-1) or through
the I-130 immigrant visa process. The K-3 typically takes 2-3 months
more than a K-1, and immigrant visa processing is generally longer.
Immigrant visa processing in England would be quicker than in
China (estimate 6-8 months) because of the smaller numbers of individuals
from that country attempting to immigrate to the States. The same
processing in China usually takes between a year to a year-and-a-half
if there are no complications.
Q&A 3.
Filing I-485 Adjustment of Status Applications and Leaving the
U.S. on Advance Parole
Zheng Reader asks:
My wife and I came to the U.S. under B2 visa visiting our U.S.
citizen son in Maryland. We received 6 months stay on I-94. We have
already entered for 3 months and our son is planning to apply green
cards for us. Our questions are:
1. Should our applications send to Chicago Center or California
Service Center?
2. Due to our health problems, we need to go back to China for treatment.
Can our son apply for us while we are in the U.S. during our legal
stay period, and then we go back to China waiting for fingerprint
and interview notice? Can we fill in our China address on the application
so that the immigration can mail the notice to us directly?
3. What will be the consequences if we apply advance parole at the
time of filing but we cannot come back to the U.S. within the time
allowed?
Dear reader:
1 All family based I-485 cases are now sent to the Chicago lockbox
of U.S.C.I.S. regardless of the place of residence of petitioner
and beneficiary in the United States. The Chicago lockbox fees in
the cases and transfers them for preliminary processing to the National
Benefits Center aka Missouri Service Center in Lee's Summit, Missouri.
If sending by the Post Office, you should use the address:
U.S. Citizenship and Immigration Services,
P.O. Box 805887,
Chicago, IL. 60680-4120.
For non-U.S. post office deliveries like FedEx and other private
couriers, use the address:
U.S. Immigration and Immigration Services,
427 South LaSalle, 3rd floor,
Chicago, IL.. 60565-1098.
2 Once an adjustment of status application has been filed, leaving
the U.S. without advance parole invalidates the I-485 adjustment
filing (unless individuals hold H or L statuses). If you cannot
wait for the advance parole, your son can file for an I-130 (petition
for alien relative) on your behalf at the service center having
jurisdiction over your son's place of residence and can have the
approved petition forwarded to the American consulate in Guangzhou.
You would then present documents and interview in the American consulate
for your permanent residence.
3 U.S.C.I.S. typically gives 1 year validity on advance parole
authorizations (Form I-512). The approval allows multiple entries
during the one year. U.S.C.I.S. does not of course encourage individuals
to spend most of the time outside the U.S. while waiting for their
adjustment of status cases to be completed. Currently, however,
there is no hard and fast rule as to how long an individual can
be outside the United States during the authorized period of advance
parole. In your case, your worries about exceeding the period of
parole while waiting for your I-485 case will probably not be realized
as U.S.C.I.S. is scheduling most adjustment of status cases for
interview within six months of the date of filing if it believes
that an interview is warranted. In cases like yours (parents of
a petitioning U.S. citizen), U.S.C.I.S. may decide to waive the
interview requirement and to approve your cases without interview.
If you are outside the United States on advance parole at the time
that the approval is given, you should re-enter the U.S. in order
to be accorded the proper status.
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