Published on the World Journal Weekly on August 9, 2015


Q&A 1. 2. 3. 4.

How to Get B-2 Visa for Daughter Who Wants to See U. S. Before Immigrating to See its Suitability?

A mother asks:

I am a U.S. citizen and filed immigrant papers for my daughter several years ago.  My daughter has a 10 years old daughter and she is a single mother.  Her priority date will be current in 4/2015.  My daughter has not yet decided if she wanted to immigrate.  She wants to come over to the U.S. to take a look first.  Unfortunately, she filed B-2 visas twice and both were denied.  Do I need to cancel my application for her in order for her B-2 visa be granted?  Will it be easier for her to get a B-2 visa if she and her daughter both apply B-2 together?

Mr. Lee answers:

Probably the best solution is for your daughter to try one more time for the B-2 visa when her priority date has cleared, and if still refused, immigrate to the U. S. and then give up her residence status if she does not like the country. I do note that the 3rd try for B-2 visa comes under the wish category as there is a strong possibility that she will continue to be denied. If she is already been denied twice for B-2 visas, it will not be easier for her to obtain B-2 visas if she and her daughter both apply together. Your other thought of canceling your application in order for her B-2 visa to be granted is problematical in the sense that a consular officer may still deny the B-2 visa despite the immigrant visa application being canceled.

Q&A 2.

Am I Subject to the H-1B Cap or Not?

A potential employee asks:

I came to the U. S. in 2008 and changed my status to H-1B in 2010 and stayed in that status until 2012 when I went home to China. Now I have an employer who is interested in sponsoring me for employment in the U. S. Do I have to wait for the H-1B lottery to be run again in April 2016 or am I able to avoid that because I had the H-1B before and did not use up all 6 years?

Mr. Lee answers:

Under the situation that you describe, you are cap-exempt if you apply for a new H-1B. Of course, the time that you were recognized as being in H-1B status in the past is deducted from the six-year limit that you are allowed under that status.


Q&A 3.

Can We Take the Earliest Priority Date From Daughter’s Brother’s Petition Instead of Parent's to Allow Daughter to Immigrate Faster Under Parent's Petition?

Mr. Sun asks:

My U.S. citizen son applied immigrant visa for my unmarried adult daughter in 2010 in Rhode Island under F-4.  In 2013, I, as a green card holder, applied for her in New York under F-2B.
I understand my son’s application for her can take 12 years and mine can take 7 years.  My application for her was 3 years after my son’s application.  Can the waiting period for my daughter’s two applications be combined?

Mr. Lee answers:

Although everyone would like for this to be a possible situation to combine cases in order to pick out the early as priority date, that is unfortunately not the law at this time. To the U. S. government, each case is separate and runs on its own track. The 2 tracks do not merge.

Q&A 4.

I Lost Immigration Receipt Number – How do I Check the Case Now?

A reader asks:

I lost my receipt notice due to moving.  Without the receipt number, I cannot check my case status.  What do I do to retrieve my receipt number?

Mr. Lee answers:

You should speak with an officer at U.S.C.I.S. is National Customer Service Center at 1-800-375-5283. If your English is not good, you should have a friend with you at the time that you telephone who can speak English. You should have all the data ready to tell the officer including name, date of birth, country of birth, type of application, when it was submitted, etc. With such information, an enterprising officer may be able to locate your receipt number and inform you of the present status of the case.


Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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