Lyons, GA Immigration Law Firms & Lawyers

If you are outside of the US, you can apply for a B-1 visa at the US consulate. If you are no longer working for the previous employer, your current employer must file a completely new H1B petition. You cannot transfer the visa from one employer to another.

Generally speaking, the delays in having cases returned and USCIS looking at them again make the readjudication of K-1 petitions difficult to wait for. If you still have a good relationship with your fiancée, you may refile with all the evidence including your current communications. Getting married and filing an I-130 petition would present USCIS with another look at your case, and may show more of a level of commitment. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Generally, the 10-year bar to re-entry into the U.S. applies to someone who was unlawfully present in the U.S. for a year or longer while age 18 or older. For someone who has been unlawfully present more than 180 days but less than a year (while age 18 or older), there generally is a 3-year bar instead of a 10-year bar. Note that if someone had a student visa that was designated "duration of status" rather than having a specified expiration date, remaining beyond the time one is enrolled in school may not constitute "unlawful presence." There really is no substitute for consulting with an immigration attorney who, after learning all of the details about your fianc?e, could provide legal advice about eligibilities, options and strategies, and could offer legal representation for the application process.