Category Archives: Visa Info

Information about all types of US Visas and the best ways to obtain one

H1B Visa Extension while waiting for your Green Card

Green Card & Citizenship, Guest Posts, Visa Info, , , , , ,

Even if you have an employment authorization document (EAD) for work purposes and an advance parole document (AP) for travel purposes, extending your H-1B visa while your green card application is pending might be worthwhile depending upon your circumstances. Here are three reasons why an H-1B extension could make sense for you:

Safety – if your I-485 application is denied for any reason (even government mistakes), you will have no legal status and can be deported unless you have have nonimmigrant status like H-1B. Also, if you have H-1B status, you may be eligible to re-file your I-485 application. Without it, you might not.

Automatic Extension – even if you file your H-1B extension request the day before your H-1B expires, you will remain in H-1B status and continue to work without interruption while your extension request is pending. This is not true with the EAD. If your EAD renewal is not approved before your current EAD expires, you are not authorized to work until your EAD renewal is approved. Also, you have a small window of time to file the EAD renewal. To be safe, you must file 90 to 120 days before your EAD expires (you cannot file earlier than 120 days before expiration).

Family – if your spouse or child did not file or cannot file for adjustment yet, then maintaining H-1B status may be necessary to maintain status for your dependent spouse or child. Also, if you marry or plan to marry someone who needs a visa, the H-4 visa based upon your H-1B status is the fastest way for him or her to join you in the U.S.

There are many factors to consider in determining the best immigration status for you while your green card application is pending. Even if you decide not to extend your H-1B status or you travel using AP rather than an H-1B visa, you may still have an option of reinstating your H-1B status if necessary. Always consult with an immigration attorney when considering any changes to your immigration status.


Guest Author

Ann Massey Badmus

J1 Visa – 2 Year Residency Rule Waiver

Guest Posts, Visa Info, , , , , , ,

The J1 visa is issued to the foreign exchange students who have traveled to the United States for the reason of getting some training or some sort of education. As per the clause of the J1 visa (Professional Career Training Program) the people traveling to the United States on the J1 visa would be required to stay in the home country for the next two years post the completion of the training in the U.S for which the visa was issued in the first place.

The basic reason for this requirement defined by the US government, is that the person who has acquired the advanced skills and knowledge from the U.S by the virtue of the exchange visitor program, he or she should go back to the home country and spread the knowledge to people there. But there could be a lot of reasons and requirements because of which the visitor might not be able to travel back. Under such situations there is a provision of waiver of such clause at the discretion of the United States government.

This J1 visa waiver is suitable for the people, who falls in any of the under mentioned categories.

  1. Like medical graduates who had originally entered in to the United States and now post the completion of the education they would like to stay back in the United States.
  2. People who are foreign nationals and had come to the US. For the purpose of participating in any of the government funded programs, the same would also apply to the programs those are funded by other countries in the United States or by other international organizations.
  3. The people who are foreign nationals, who had attended the exchange program and are now required to go back to their home country but there the knowledge would be of little or no importance due to the lack of the resources there.
  4. If the J1 visa holder is able to obtain a NOC or a no objection certificate from the government in his home country.
  5. If the project the J1 visa holder is working on is of importance to the federal government or any of its agencies, in that case the federal government might choose to waive off the clause.
  6. If by the compliance of the J1 visa clause would be subjecting the spouse and the children of the person to a lot of hardship and problem then again the case could be reviewed for a waiver. But under such a situation the children and the spouse of the person has to be a citizen or atleast a permanent resident of the United States.


Guest Author

Tushar Mathur