World Journal Weekly Q & A - February 16, 2014
Q & A 1. 2.
Q&A 1.
Is H-1B Visa Renewal Possible at the Consulate Where Reader Will Travel Overseas in February – March and H-1B Expiration Date Is September 2014?
An H-1B reader asks:
My H-1B’s H-1B of three year is going to expire this year September (9/2011-9/2014), I plan on going back to China in February this year, and return early March and have to apply for a new H-1B visa in the consulate. Do I need to renew my H-1B now?
Dear reader,
There is no need to renew your H-1B petition at this time as it is valid until September 2014, and you are planning to return in early March after having returned to China in February. You would have to apply for the new H-1B at the consulate in China according to your question. The period of visa validity in your case would be determined by the amount of time left on your visa petition, and so the maximum that could be given would be up until September 2014. Even if you wanted to renew your H-1B petition at this time to obtain a longer period of time on the visa, you would not be allowed to do it as U.S.C.I.S. will only accept H-1B petitions within 6 months of their expiration.
Q&A 2.
Green Card Holder Spending Half the Time In The Country Wants To Apply For Wife’s Green Card – Obstacles?
Jian Reader asks:
I am 25 and came to the U.S over 3 years. I return to China and live there half year every year. I have never worked in the U.S nor filed any tax. I don’t have any tax returns. I lived in my parent’s house in New York, I married my wife this year, after I return to the U.S, I want to petition my wife with my green card, am I eligible? What documents do I need? How long does it take?
Dear reader,
As you hold permanent residence and have not abandoned your green card, you are eligible to petition for your wife. Currently for the month of February 2014, the F-2A category for spouses and children under the age of 21 and unmarried of permanent residents is current to September 13, 2013. It is difficult to say how long it will take for your wife to immigrate as that date has remained the same since October 2013. The Department of State forecast in December 2013 that there would be no forward movement in upcoming months, and that has held true so far. Documents that you will need are your green card, proof of marriage, and proof of dissolution of all prior unions. When your case moves from U.S.C.I.S. to the National Visa Center, you will have to provide an affidavit of support. In your case, you would have to seek a credible cosponsor to financially guarantee your wife’s immigration. All of the instructions are on the I-864 affidavit of support form.
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