B-2 Visa

I-485 Rejected and B-2 Expiring

My wife's I-485 got rejected because of priority date not current. My application was delivered early by FedEx(Sep 29). Her priority date is Sep 2014 so as per Oct 2015 guidelines I believe she has the eligibility to apply. Can I re-apply same documents, and also do I need to apply for her Visa extension too because it will expire in 1 week from now. Will she be considered in status with her I-485 receipt number and in process of re submission?

An untimely filing based denial does not invalidate the documents, and, a pending 485 keeps her in authorized period of stay. Nevertheless, I advise people to keep their status (like H-1, H-4) current, anyway. By the way, a B-2 to AOS application is FULL of potential problems. Make sure you consult a lawyer.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years. I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -
1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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No Requirement of Possessing Fund for Visitor's Visa

I am an Indian studying in New Zealand. I have finished my first semester. During my 3 month semester break, from New Zealand I would like to apply for a B-2 visa(visit for pleasure) to the US to attend my best friends wedding as I am her bridesmaid. My query about the funds that I need to show
1. How much do I have to show
2. How old should the funds be

For visitors visa, there is no requirement of possessing funds. The consulates can require, if they so choose, that you demonstrate your ability to support yourself during the visit, but there is no hard and fast rule on this. Your most likely hurdle will be the need to prove that you will come back and not stay in the US illegally. 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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How to Enter The USA to Start A Business And Then Continue

I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.

There are several issues that should be examined before you can make an informed decision.

1.  B visa or ESTA does not allow you to “work:”

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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