1. Can I apply for a work permit in USA while on a Visa Waiver Program?
I enter by a visa waiver program for 6 months. Can I apply for a status to work?
Mr. Lee answers,
I doubt that you can apply for a work permit if entering the US by waiver for six months. I assume that the entry was not for working purposes, and it would likely take USCIS six months plus at its current pace to process an employment authorization application even if you were eligible.
2. Can I file I 485 while I-130 is pending?
I’m under non-immediate relative (Unmarried son/daughter). I’m now in F1 status.
Mr. Lee answers,
If and when your priority date becomes current under the Department of State monthly visa bulletin, you can file for adjustment of status on form I-485. There are two monthly charts – “filing dates” and “final action dates”. USCIS determines which chart can be used during each month for filing adjustment of status applications. So for example, if the filing dates chart has reached your priority date but not the final action dates chart and USCIS decides to go with final action dates for the month, you cannot file your adjustment of status application. Also of course, you must continue to maintain your legal nonimmigrant status to file form I-485 since you are not in an immediate relative category.
3. Can I enter from Canada using B visa as my H-4 stamping is delayed in Canada?
I got my H-4 visa letter and I also have a B visa. Due to my office work I need to travel back and forth from Canada to US for family. Can I switch between B visa & H-4 during different entries? For example, I use B1/B2 first as H4 stamping is not issued, and in next visit get H-4 and use that?
Mr. Lee answers,
It seems as if the plan depends upon whether CBP believes that your entry under a B visa is for a short period of stay, and not a substitute to stay in the US for a long period of time in lieu of an H-4 visa.
4. Change of status from H-1B to B1 and after approval of I-140 change back to approved H-1B?
My PERM is just being filed, it was delayed due to the prevailing wages delayed approval. My six years H-1B max out by Sep 30, 2021, not sure if with current Covid situation it will be approved by then. I also have approved B1/B2 Visa until 2026 with the same company that filled my PERM. My question – Is it safe to change the status from H1B to B1/B2 as both are with the same company. With current timelines, I see the possibility of getting I-140 approved by Nov’ 2021 and after that they have to apply H-1B extension again with approved I-140. During this process, can I change back from H-1B to B-1/B-2 and back from B-1/B-2 to H-1B?
Mr. Lee answers,
Assuming that you have an acceptable reason to change status from H-1B to B-1 or B-2 status in the States, your plan may be possible – but note that the change of status application will likely still be pending at the time that you have the I-140 petition approved and your petitioner is putting up papers for your H-1B. At that point, USCIS will look to see whether the change of status request is approvable before deciding on whether to put you back into H-1B status without your having to leave the States.
5. A Green card holder wants to apply F-2B for son – currently an international student. How long will it take for his green card?
[1] I am a green card holder, want to file my son F2B. He is international student USA (India Citizen, 22 Age, un-married). How long it would take his GC? [2] While on Student visa (F1) if i file F2B will that restrict him getting OPT based on his Masters?
Mr. Lee answers,
Currently, the August visa bulletin “dates for filing” chart shows that there is visa availability for those who submitted petitions before 9/22/16 under the F-2B category for unmarried sons and daughters over the age of 21, and the “final action dates” chart shows availability for petitions filed before 9/22/15. So it will likely take approximately five years before an adjustment of status application can be filed as long as USCIS accepts the “dates for filing” chart when your son’s priority date becomes available. (That is assuming that visa chart progression remains approximately the same). On the question of OPT, in our experience, we have not seen students denied OPT by USCIS where they have had immigrant visa petitions pending or approved.