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Recent F1 Visa questions

My girlfriend's J-1 visa has a 2 year home stay requirement.

FOR JENNIFER: My girlfriend's J-1 visa has a 2 year home stay requirement. Is there any way for her to get out of the requirement, or switch to a F-1 visa (or some other type)? If she doesn't get the degree, does the requirement still apply?

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Jennifer Marie, Esq.

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My girlfriend is a Chinese exchange student on a J-1 visa.

My girlfriend is a Chinese exchange student on a J-1 visa. Her visa expired two days ago , but she has applied to her sponsor program for an extension. This would mark her 4th extension, but she needs 24 more credits to finish her degree here. Is there anyway that she can stay to at least get her degree?

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Jennifer Marie, Esq.

Immigration Attorney

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My son is turning 21 on November 1st 2017. He was brought

Hello,My son is turning 21 on November 1st 2017. He was brought here in 2006 on H4B visa. We are still on H1B and waiting to file I485. My priority date is EB2 India , 11th March 2011.When I first applied my I140, I got it approved in 2 months. I then changed company and again got processed labor and I140. This time I waited 5.5 years for I140 approval.I must file I485 to keep my son's H4 status intact. But, the current movement in EB2 dates giving me no hope that my priority date become current by that time. My son is going into his 3rd year computer engineering degree this year.He is attending California state university at Fullerton, CA. I'm afraid that he is going to age out.Here are my questions:1) If my priority date is not going to be current and I fail to file I485 by next October, what options my son have?2) Will CSPA helps him to protect his status?3) If I have to move him to F1 visa, when should I apply for F1 visa?4) Is there a chance that his F1 gets rejected as he is considered as “immigrant intent”?5) The college tuition is almost become double if he is on F1 visa. Can he work and accept remuneration on his F1 visa off the campus? Will it be considered towards his OPT?Thank you for your guidance and suggestionsSiva

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Jennifer Marie, Esq.

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I would like to start a business. I am an Intl. Student on

I would like to start a business. I am an Intl. Student on F1 Visa. I am on my OPT period now and I have completed my course. Any direction helps as the websites do not have specific info that I am looking for. Thanks!

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Guillermo J. Senmartin, Esq.

Attorney At Law

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I am international student in University of Arizona holding

Hi I am international student in University of Arizona holding F-1 Visa. You gave me kindly and professional answers for my previous request. I sincerely ***** ***** and want to bother you again.Last month I got pulled over and got a criminal driving ticket for driving 100 mph in 65 mph speed zone. I was not arrested. My next court day is in July 20th, and my current plan is to ask the prosecutor if he could by any chance reduce my charge to civil traffic violation. If he refuse, I plan to plea not guilty and hire a attorney.My question is : I plan to go back to China to renew my F-1 Visa next month. If I plea not guilty and makes the case pending, will it affect my F-1 Visa application? If I plea not guilty, what should I answer for the question of DS-160 form "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? "

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Expert James

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I got my H1B approval effective October 1, 2013 with

Hi - I got my H1B approval effective October 1, 2013 with expiration Oct 31, 2015 and I stayed in the US from Dec 2016 through March 2016 when I resigned and came to India. At the time of leaving the US, change of employer and extension on H1B petition was under review. USICS gave an RFE, which probably my employer did not respond as I moved out. Now,I am at a B-school in India and will graduate next year in 2017. Today my I-129 application got rejected.Q) If I have to come to the US on H1B, will the new employer need the denial notice? Will this denial affects my cap exempt status in anyway?Q) I have an option to come the US on B-school exchange program to complete a term (3-4 months), possibly on J or F visa. What happens to my H1B cap exempt status if I apply for J or F? Since I have 3-4 years left on my H1 I do not want to lose it.

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Expert James

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I would like to know all the pros and cons below mentioned

I would like to know all the pros and cons for each below mentioned options and your suggested approach for my situation. Also, please advise if you feel there is a better option than the ones I have listed below:PS: I understand this question requires detailed and long answer and I will give great reviews and reward by adding appropriate tips for a correct, detailed and satisfactory answer.Situation:- I am an Indian citizen and a permanent resident of US since Feb 2012.- I becomes eligible to become US citizen in Feb, 2017.- My spouse (Indian citizen) has a multiple entry B2 visa issued in April 2015 with validity of 10 years.- She entered USA on B2 visa on May 19, 2015.- My spouse applied for admission for MBA on July 28th, 2015 and was admitted for the graduate program.- My spouse Applied for Change of Status to F-1 on August 05, 2015- I met my spouse for the fist time in August and than we got married in November 2015 by performing a civil marriage in US.- My spouse received RFE for change of status from B-2 to F-1 visa on Nov 16, 2015- Later, change of status to F1 was approved on Feb 16, 2016.- My spouse left USA to go to India due to family emergency on Feb 21, 2016- I also went to India in March, 2016.- My wife started working in India in March 2016.- We performed a religious marriage on June 18, 2016 in India.- My spouse is currently employed in India while I am on PFA (paid family leave) in India.- My spouse still has an admission in the graduate program and next starting session for her graduate studies is in September 2016 but she needs to get F-1 visa for that.- Now my spouse wants to travel to US for tourism in September, 2016.- I want to file for her immigrant visa- We both plan to settle in India permanently after September 2018 but before that we would like to travel in US as much as possible and stay together as much as possible.Options:1. File for I-130 for my spouse visa now while I am in India (July 2016), my spouse enters US in September, 2016 for tourism using her visitor visa (if this is even possible) and update the application once I become US citizen (possibly by end of march, 2017).2. File I-130 for my spouse visa once I am in US (15th September, 2016) and my spouse enters the US in September as a tourist and update the application once I become US citizen (possibly by end of March, 2017).3. My wife enters US for tourism in September 2016 and I file I-130 and I-485 for my spouse visa once I become US citizen (possibly by end of march, 2017) and my wife leaves the US after her I-94 expiration (end of march).4. My wife enters US for tourism in September 2016, I file extension of stay for my wife for another 6 months before her I-94 expiration (end of march) than I file I-130 and I-485 for my spouse visa once I become US citizen (possibly by end of march, 2017).5. File for I-130 for my spouse visa now while I am in India (July 2016), my spouse enters US in September, 2016 for tourism (if this is even possible). I file extension of stay for my wife for another 6 months before her I-94 expiration (end of march) and update the application once I become US citizen (possibly by end of march, 2017) and file for her adjustment of status.6. Apply for her F-1 visa (which I think might be tough as she is married to PR) and she enters US as a student and later I file for her immigrant visa once I become US citizen.Your detailed and prompt response is much appreciated.Please let me know if you have any more questions.

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Jennifer Marie, Esq.

Immigration Attorney

Juris Doctor

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I have both B2 visa and F1 visa. And I'm travelling in U.S.

I have both B2 visa and F1 visa. And I'm travelling in U.S. using B2 visa now. Can I convert my status to F1 without leaving US?JA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: I don't have pending applications... I'm a tourist nowJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: No..I'm just wondering whether I can convert B visa status to F visa status without leaving U.S.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.Customer: I have both visa

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Expert James

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Iam student on a f1 visa, i had submitted an I 539 form to

hi iam student on a f1 visaJA: What is your official status? Do you have any pending applications or petitions with USCIS?Customer: i had submitted an I 539 form to the USCIS for reinstatement of student status after my i20 had expiredJA: Have you talked to a lawyer yet?Customer: and they declined the requestJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.

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Judith

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