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About futureeb2

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    Advanced Member
  1. There are no derivative visas for Immediate Relatives. No way to apply for your parents' adopted child
  2. futureeb2

    H1B approved but COS denied

    Since USCIS has made an affirmative finding that you are out-of-status, your I-20 is for all effects useless at this point. Your only hope to recover from this situation is to go to the Hyderabad consulate and apply for the H1B visa. If approved, this "cleans your slate". They may refuse the visa based on your past violations of immigration law.
  3. futureeb2

    H1B transfer from INDIA without US paystubs

    The person that incurred in the felony was the employer, not the employee. However if the employee does not denounce the fake slip, he could be considered an accomplice. The OP needs to report this if they want to have a future in the US. It's that simple. Otherwise, their name could potentially come up in an IRS, ICE or FBI investigation - you don;t want that to happen!
  4. futureeb2

    H1B transfer from INDIA without US paystubs

    If your I-129 is approved and you have a valid H-1B visa, you can seek admission to the US using that visa and the new I-797 Approval Notice without having to attend a new interview. However, if there is a formal finding that you violated your nonimmigrant status during your past H-1 admission then by law the visa "stamp" becomes invalid. (This is an often overlooked part of the law). What practical effects this may have, I do not know.
  5. futureeb2

    J1 visa for medical residency training

    If your home country will not provide a "statement of need" then you will need another visa to complete the residency program. The typical option is an H1B. Those with enough research or experience can sometimes qualify for an O-1.
  6. futureeb2

    H1-RFE was rejected in 2011 and now filing F2

    What is the question that you are trying to answer? If it is the DS-160 question on whether you have been refused a visa, the answer of course is "no" - you never applied for the H1B visa -your employer's petition was denied, so you did not have a chance to apply for the visa.
  7. futureeb2

    US Army Mavni - on F1 OPT

    Generally true, except for the MAVNI program. There are two programs, one for translators and one for healthcare workers. MAVNI is run by the US Army. There is no equivalent in any other branch. Yes, the OP will lose J1 status. OP should not leave the US until he has done the Oath of Allegiance and become a USC.This is usually done right after basic training For more on MAVNI: http://www.goarmy.com/content/dam/goarmy/downloaded_assets/mavni/mavni-amedd.pdf https://www.goarmy.com/content/dam/goarmy/downloaded_assets/mavni/mavni-language.pdf
  8. futureeb2

    J1 waiver completion

    Remember that it is USCIS that grants the waiver upon a favorable recommendation from State Dept. So the State Dept being "ok with it" doesn't help you. What USCIS will want is proof you completed three years of waiver. These do not have to be consecutive. If your plan is to get a green card in 2015, at that time you will have to show that you finished the 3 years of waiver. I really do not know what USCIS will say about the missing 11 days. When applying for AOS, USCIS often asks for a letter form the employer proving you completed the 3 years. One option is to have your H1B renewed for those 11 days. Another is to take vacation outside the US for those 11 days, which should count towards your completion date if it is paid vacation.
  9. futureeb2

    J1 waiver completion

    You need to do the three years of the waiver on H-1. Now renewing an H-1 for 11 days seems like overkill but what was your plan after that? Unless you can get a marriage-based green card, you probably will have to renew the H-1B for more than that.
  10. futureeb2

    J1 waiver completion

    The H1B can be extended for the two months you need. No need for 1 or two year extensions at all. Have everything "ready to go" so you can file the I-130 and I-485 immediately after completing your waiver. (Including the immigration medical exam, etc.)
  11. futureeb2

    J1 waiver

    IGA waivers generally apply to residency program J1s. For research J1s, generally all you need is a letter from your home country's government expressing No Objection.
  12. futureeb2

    Advise regarding Physician NIW please

    1. Without an I-140 in file (and it looks like you are not dong a PERM) then your options to finish fellowship are an O-1 visa or a J-1 visa 2. No. You have to be an oncologist before the file a PERM (naming you as a beneficiary) that lists a completed oncology fellowship as a job requirement 3. Only time spent in unsupervised practice counts towards the five year requirement - basically excluding residency and fellowship 4. Yes, you can self-petition. You will need a contract and additional evidence, please see this link http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-12632/0-0-0-14070.html#0-0-0-9951
  13. futureeb2

    Can I bring my wife on H4 dependent visa

    Yes. See the Private Bill for relief of Hotaru Nakama Ferschke
  14. futureeb2

    Can I bring my wife on H4 dependent visa

    What is possible is for your wife to come to the US as a visitor (B-2 visa) and then apply for COS to H4. See this link http://www.state.gov/documents/organization/87206.pdf Page 25 - Proxy Marriage
  15. futureeb2

    Can I bring my wife on H4 dependent visa

    This is a true story: A soldier stationed in Iraq got married over the phone. His new wife was in the US. This is a somewhat common occurrence in the US military. The soldier was killed in combat before he ahd a chance to return to the US. The only way his wife was able to obtain permanent residency was by a Private Bill passed by the US Congress naming her directly.