Frequently Asked Questions About U.S. Immigration

Do I Need Someone To Sponsor Me If I’m Applying For An Employment-Based Adjustment Of Status And I Have A Lot Of Money In The Bank?

Having a lot of money in the bank doesn’t mean you don’t need a sponsor. An Adjustment of Status requires you to have a US citizen or lawful permanent resident sponsor who can assure the government that you will not apply for public benefits or need free medical care within the next ten years.

I Entered The US On A B-2 Visitor’s Visa, But I Have Overstayed My Visa For Over A Year. What Should I Do Next?

If you overstay your visitor’s Visa, you can no longer get an Adjustment of Status based on an employment Visa. If you decide to return to your country, you will have a ten-year bar. Also, to return to the United States, you must have an approved petition and a waiver of that bar.

However, if you remain in the United States and have an immediate relative petition approved, you can adjust your status from there.

My Employer Filed For An Employment-Based Immigration Petition, And It Was Approved. I’m Ready To File For My Adjustment. Do I Have To Continue Working For This Particular Employer?

If you’re filing for an Adjustment of Status based on employment with a specific employer, you must renew with that employer until your Adjustment of Status is approved. Once you become a resident, you will no longer be required to work for that employer.

I Originally Was A H1B Status, But I Just Recently Filed For An Adjustment Of Status. So, What Status Am I Right Now?

If your Adjustment of Status has yet to be approved, you’re still an H1B.

I Was An H1B Status, But I Recently Filed For An Adjustment Of Status. Will I Have To Renew My H1B If I’m Still Waiting For Adjustment To Get Approved?

You will have to renew your current Visa status while waiting for the USCIS to process your Adjustment of Status.

I Received An Employment Authorization When I Recently Filed For My Adjustment Of Status. Am I Allowed To Work For A Different Employer?

If your Adjustment of Status is based on an employment application, you cannot work for a different employer while waiting for an approval. However, you can switch employers if it’s based on a family petition.

How Many Times Can I Extend My B1 Or B2 Visa?

You can extend your B1 or B2 Visa as often as immigration approves the extensions. Our firm has never seen a Visa extension approved more than two or three times, but the USCIS can theoretically extend it further than this if they want.

How Can I Change My B1 Visa To An H1B Or F1 Visa?

Changing your B1 Visa to an H1B or an F1 Visa is called a Change of Status. B1 and B2 are visitor’s Visas. If you want to apply for an F1, that’s a student Visa.

First, you must be accepted by a school for a program to change your status from a B1 to an F1. Then, the school issues an I-20 form. The I-20 is a form for obtaining a student Visa that the school provides that says you’ve been accepted to an approved program.

Changing from a B1 Visa to an H1B Visa is more complicated because you have to be offered an H1B.

An H1B Visa is an employment Visa for people with higher skills. Generally, the employer must already have an approved labor certification or PERM application. Then, once they give you employment, they can apply for you.

You could then file a Change of Status from B1 to an H1, but it’s complicated. You must have an offer of employment from an employer who’s already been approved to sponsor someone in H1B status.

For more information on Frequently Asked Questions On Immigration, an initial consultation is your next step. Get the information and legal answers you seek by calling today at (305) 907-6151.