Ozone Park, NY Immigration Law Firms & Lawyers

Visa is not currency, it cannot be converted. People often think that, since they already have a visa (usually B1/B2), they have some special right to a different visa. It is not so. Immigration Service does not owe you any preferential treatment simply because you are already in the U.S. on a valid visa. In fact, changing your status in the U.S. to a new visa can be more difficult than getting the same visa in a U.S. consulate in your country. Your immigration status in the U.S. can be changed if: a) your current status is still valid; b) you apply for a different visa; c) your application is approved; and d) effective date of the new status is before the expiration of you initial status. To get an H-1B visa, you need to find an employer willing to sponsor you and file the papers on April 1. Only 65,000 of H1 visas can be issued every year. Since many more qualified applications are being filed, visas are awarded in a lottery. If you win the lottery, your H1 visa will become effective on October 1, 2014. You cannot begin to work for your sponsor until that date; and you cannot remain in the U.S. after your B1 status expires just because you have an approved H1 - you have to extend your B1/B2 status, get some other status, or leave the country and come back in the fall. If you overstay your current B visa and become a person out of status, you will lose the H1 approval. Aside from H1, there are many other visa options. Whether you qualify for any one of them, and which one is the best for you, depends on many factors, including your education, occupation, and work experience, country of origin, the organization that is willing to sponsor you for a visa, etc. Analysis of all this information and making a recommendation in your particular case is what immigration attorneys do. If your intentions are serious, get a consultation.

Nowadays, I recommend that green card holders get a reentry permit if they plan to be out of the country for more than a few months and certainly if they have regular long-term trips abroad.

There is a strong chance that if you are arrested or sentenced in custody then ICE will be notified whereby a hold is placed placing you in immigration removal proceedings. It is a good thing that you have an approved I-130 but having 3 DUI offenses causes the presumption that you have a drinking problem or don't' respect law which is not a good thing under immigration laws. Therefore, I recommend that you consult with our office for a free consultation or another immigration attorney.