from: Newsletter updated October 10, 2016

Author: Sashti Srinivasan, 

Founder, www.globalmatri.org and www.ads4matri.com

 

Table of Contents:

Visitor Visas B1-B2 page 3
Student F1 and OOPT (Optional Practical Training) visas, pages 4~5
HIB and H1B-GC Visas pages 5~13
Green Cards/Permanent Residents pages 13~14
U.S. Citizens page 14
L1 Visa pages 14~15 J1
Visa pages 15~16

 Dear Parents of Brides and Grooms the World Over!

 This weekends e-broadcast wraps up the second and final part of summation of challenges being faced by Indian Citizen Brides and Grooms living in the U.S., under F1, OPT, H1B, H1B-GC, Permanent Residents/Green Card Holders, J1, L1, G4, R1 visa holders in matrimony.

 Many parents face challenges in the matrimony of their wards here in the U.S., stuck under various visas and why their efforts are not culminating into matrimony, because many of them seem to be in dark when they come to me and seek advice, trying to connect with Parents of the other gender.

I find many Parents are ​ignorant or not knowledgeable at all on such matters and most of the times, their wards do not communicate with them enough on visa related issues! I say to these Parents "U.S. H1B and Other Visas - Thou art "A Social Evil" in the culmination of Indian Matrimony!”

 This News Bulletin analyzes every visa situation in which your ward (bride or a groom) may be living in the U.S. for whom you are seeking matrimony and if you read it and understood it, it will become very clear to you as to why you are not making headway in your efforts?! And ways and means by which you have to mend your approach to seeking and connecting, in your matrimonial efforts!!

 Many of us who live in U.S., we all have come here at one time or another on different kinds of visas; others, are children born in the U.S. and have become citizens of this great nation by virtue of their birth on U.S. soil! Hundreds of thousands have come to the U.S. in the last decade, on many non-immigrant visas, prolonging their stay in the U.S., such as Student visa, OPT, H1B, J1, L1, G4, R1 and others.

 It looks to me as though different kinds of visas issued by U.S. Citizenship and Immigration Services (USCIS)) are like "Navagrahas" starring at another, looking in different directions, not wanting to connect in matrimony! Strange as it may appear, honestly that is the truth – while many parents are saying, "we are Gujarati Leuva Patels and we want only Gujarati Leuva Patel" or some Punjabis saying "we are Punjabi Khatri and we prefer Punjabi Khatris only"! or “we are Tirunelveli or Arcot Saivappillais and we ONLY want Tirunelveli Saivappillais” or “we are Iyengar Vadakalai, and prefer only Vadakalai Iyengars” – while, others are seemingly stuck in seeking alliances of brides and grooms who are not of the same Gothra, birth star of the brides matching with that of the boy, or the girl being Manglik, many parents dont even realize this "third dimension" of "bottleneck" that the visa issue poses to the wedding prospects of their children! here in the U.S., over-riding all other considerations such as being the same Hindu sub-sect, birth star not matching, manglik or not, etc.

 Many parents and brides and grooms often ​respond to profiles in various leading matrimonial portals, without knowing whether their son or daughter in the U.S. on a particular visa is even eligible and/or qualified to seek and marry another type visa holders and respond blindly to many, with so called "expression of interests"! In many cases, they draw a blank! And they dont understand the silence from the other side!

 In order to determine whether such marriages are possible within brides and grooms holding different types of visas, living in the U.S. or outside, one has to understand what are the different kinds of visas do people hold in the U.S., or, on which they are here and what stage of the game they are in, while transiting from one visa to another.

 So let us get an understanding of people in the U.S. under different visa status and how they qualify Visa-wise to mate Others in other different visa situations:

 1.0 VISITOR VISAS (B1, as they are classified), issued for multiple entries for a 10-year period - are visas issued to those who come to the U.S. as a tourist, for pleasure and/or visiting relatives and friends. Many years ago, one could come to the U.S. as a visitor, seek admission into a college or University and change his/her status from that of a visitor to a student status with an I-20, obtained while in the U.S. Not true anymore, seeing more and more people abuse this privilege, the USCIS is now strict about change of visa status after you have entered the U.S. on a B1 type visa; they mandate that you return to your home country and seek a fresh visa under that specific status for a re-entry into the U.S. U.S. Citizenship and Immigration Services (USCIS) has become very strict about change of visa status from a Visitor (B1) category into another, after you have entered the U.S. Exception to this Rule: U.S. citizen boys and girls sponsoring their visiting parents from India on a B1 visa for a Green Card! or, U.S. citizens marrying those here on this visa seeking a re-adjustment of their status.

 I would ask others on different visa status to not even attempt to marry those who are here on a B1 visitor visa classification, as re-adjustment of B1 visitor status within the U.S., into other categories is just not easy any more.

1.1 BUSINESS VISA (B-2), issued for multiple entries for a 10-year period, as it is classified as, are those issued to Corporate Employees and to others to visit the United States for specific business purposes, such as to take a USMLE tests, or call on their customers, usually for a month, or two or three, although you can come to the U.S. as many times as you want, in that 10-year window, for business purposes. Some companies from India are deputing their employees to come and work with their clients temporarily for a period of time, under B2, usually not exceeding three months. It is a convenient visa for employers who have no long term need for an employee to be in the U.S., except for a brief stay for 1-2-3 months; employers usually resort to this visa, because it takes them long or is expensive to process their H1B visas. USCIS has now become very strict to limit B2 business visa holders stay limiting it to more than 2 weeks, from the date of arrival, unless the visitor justifies to the immigration official, upon entry, the need to be here long enough, such as seeking admission into Medical Colleges (for Residency), taking personal interviews, doing clinical rotations, etc. USCIS is now NOT permitting B2 visa holders to work at Clients sites on project work, doing the training, etc. Visitors under B2 are often finding it difficult to even visit their friends and relatives in the U.S., upon completing official business, because USCIS personnel at the airport entry points are specifying the term of the visa (strictly for 2 weeks) with an exist date (for departure from the U.S.)

VISITOR/BUSINESS VISA - I do not recommend any kind of visa holders in the U.S. to get married to someone with this status, because of the nature of his/her visa being purely temporary! If you are on other visa which allows you to stay longer in the U.S., such as H1B, F1, etc., marriage to this category visa holder will be a hindrance, as a request for change of visa status of your spouse in the U.S. will be denied. In such an event, the spouse may have to go back to India and re-enter U.S. seeking another kind/type re-entry! Generally, these types of visa holders do not seek matrimony while in the U.S. for a business/personal reason! However, they do use it to connect with prospects in the U.S., getting to know them and explore matrimonial opportunities. Do not marry another individual if she/he is in the U.S. under this B1, B2 type visa! including U.S. citizens. Status Adjustment from within the U.S., is NOT easy any more! and may entail such visa holders to return to India and seek re-entry! However in exceptional cases U.S. citizens have been able to cross this barrier! That is exception to the rule! Other classification Visa Holders like H1B, Green Cards, should not even attempt it!

2.0 STUDENT VISAS - F-1, as they are called, (issued on the basis of an I-20 issued by an "approved" College or University in the U.S. are issued to foreign students coming to the U.S. to pursue higher education (academic studies) in the U.S. as a full-time student, with a minimum enrollment of at least 9 credit hours per semester to that specific school, as specified in I-20. About 69,000 Indian students enter the U.S. under this visa classification alone every year! It used to be that once you have been issued an I-20 and you have obtained your F1 from the American Consulate, you could almost come to any port of entry in the U.S. and go to your school; or come to the U.S. with an intent to joining one school and totally wind up in another school; yes, people used to come to the U.S. with two admissions in their pockets, and then make up their minds where to go! After the 9/11, USCIS is very strict about your joining that particular university/college where you have been granted admission and arriving at the nearest International Airport to that campus town! They do not want you to come to the U.S. more than one month to six weeks before you are scheduled to begin your orientation/classes!

 STUDENT VISA HOLDERS are permitted to bring in their spouses to the U.S., if they are already married, provided​, of course,​ they can show additional Financial Guarantees (for supporting the spouse) when a student is undergoing higher education in the U.S. You must include your spouse into your I-20 application if you are married, even though she/he may not accompany you, initially. This is important, if you wish her/him to join you later! For those brides on F1 visa status who are

 NOT MARRIED, your best bet is to seek H1B-GC visa holders, in matrimony, if you want to get settled in life in the U.S. and live happily ever after! If it is your intent to return to India for good, you can seek alliances later!

 3.0 OPTIONAL PRACTICAL TRAINING (OPT) VISAS - once the student has graduated from the college, he or she is allowed a two year "free ride" to "seek a job" any where in the U.S. and to slide into what is called "a training visa" or OPT, upon graduation. This date usually reckons from the date of official graduation of a student from the University/college, he/she has been attending, when the college finally communicates to USCIS that you have graduated and out of their system, as a “student”. This is a temporary “parking place” so to speak, where the student finds himself/herself, upon graduation, before finding a job, getting an employment offer and slides into a H1B through a lottery system through an employer sponsorship. It is a “temporary holding place” until you land the H1B visa.

 I am finding out that many boys and girls are not easily stepping up to alliances of those who are OPT Visa, since their continued stay in the U.S., is indefinite and indeterminate, until they get their H1B in their hands ~ as they may have to leave the shores of the U.S. if they do not get their H1B at least in their second attempt, by the time their OPT visa term has ended. Reason: the boys and girls are worried, “what happens if they step up to some one, in matrimony, on OPT, that he or she does not eventually gets the H1B and is obliged to return home for good?! What happens to the marriage then?!

 Because of so much over-crowding in the filings for H1B, by those on OPT, only one out of the eligible three who has applied for a H1B, ultimately gets it in the lottery! The other 2 are forced to try their luck next year, hence the over-crowding of applicants each year for H1B. Due to this uncertainty, OPT brides and grooms are less favored in matrimony.

 For more info on OPT, read on:

 On March 9, 2016, the U.S. Department of Homeland Security (DHS) released an copy of the final rule pertaining to Optional Practical Training (OPT) for certain students with degrees in science, technology, engineering, and mathematics (STEM). The new STEM OPT rule now paves the way for H-1B hopefuls to enter the H-1B April 1 Lottery for more years so STEM workers to continue to work in the U.S. The new rule will also permit employers to retain the talented international students who rely upon the F-1 non-immigrant student visas for a longer period. USCIS will begin accepting applications under this provision beginning May 10, 2016.

For more information on STEM OPT, http://visaserve.com/lawyer/2016/03/11/H-1B-Visa/NEW-STEM-OPT-EXTENSION-RULE-TO-BE-EFFECTIVE-MAY10th-2016--RULE-DELIVERS-MUCH-AWAITED-RELIEF-TO-H-1B-LOTTERY-HOPEFULS._bl23900.htm?utm_source=MoM+March+2016&utm_campaign=March+MOM+2016+Immigration+Updates.&utm_medium=email#sthash.o326dDBf.dpuf

 RELOCATION, RELOCATION AND RELOCATION, HAS BEEN THE SINGLE MOST BARRIER IN NOT ALLOWING MAJORITY OF THE MARRIAGES FROM CULMINATING!

 EMPLOYERS HAVE STRICT REGULATIONS BY USCIS TO COMPLY WITH IN NOTIFYING THEM IF THE EMPLOYEE IS RE-LOCATED TO ANOTHER LOCATION OR IF AN EMPLOYEES SERVICES ARE TERMINATED OR IF THE EMPLOYEE IS MOVED BACK TO INDIA, UPON COMPLETION OF HIS ASSIGNMENT ALL OF WHICH MAKE RELOCATION OF A BOY OR GIRL ON H1B VISAS SO DIFFICULT - THAT IS WHY THE BOYS AND GIRLS ON H1B VISAS DO NOT WISH TO LEAVE THEIR PRESENT/EXISTING JOBS AND RELOCATE IN MATRIMONY, LEST THEY COME UNDER THE RADAR SCREEN OF USCIS FOR ANY POSSIBLE VIOLATION OF IMMIGRATION LAWS!

 H1Bs

 4.0 ​WORK PERMIT VISAS - The statute provides for an annual quota of 65,000 (for beneficiaries holding a U.S. Bachelors degree or its U.S. equivalent) H1B visas that can be issued in any given fiscal year, which runs from October 1, to September 30. However, all H1B non-immigrant visas are not subject to this annual cap. Up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program designed specifically for the Nationals of Chile and Singapore. Unused numbers in the H-1B1 pool are made available for H1B use for the next fiscal year. Thus, in effect, only 58,200 H1B visas are granted each year under the General Category plus the additional 20,000 H1B visas which are reserved for individuals who have received a masters degrees or higher degrees from an “approved” U.S. college or university. Thus, there is a total of 78,200 H1B non-immigrant visas which are subject to the annual cap, (or H1B as they are classified), are visas that permit foreign (Indian) students under F1 into OPT, to slide into this visa category after their graduation​, during their OPT training visa period, when he or she gets a job offer from their employers or those being sponsored by their employers (from India) to work in the U.S., under this visa which is classified as H1B. This is an employer sponsored visa and one should obtain a letter of offer from their employers to be able to apply for a H1B under this classification. In good old times when President Bill Clinton sponsored foreign workers to come to the U.S. to work, the visa application fees used to be about US$500; it is now at staggering $2,500 +, sometimes paid for by employers, most times, paid for by the applicants themselves. Work Permits or H1B visas can also be applied by employers in India wanting to send their employees to work in the U.S. for their offices and clients.

  Under the above Statute, on April 1 of each year, ​ USCIS offer​s​ about 58,2000 ​H1B visas under the General Category (undergrads/Masters, from other countries) and another 20,000 H1B visas under a Special Category, to those who have completed their Masters and PhD degrees from the U.S. These 78,200 visas are easily taken as soon as they become available on a "lottery system" which was devised to select the "lucky winners" because the number of seekers of this visa grew three-fold than the available quota; in the last few years, this visa quota is filled-up on the day it opens, April 1 of each year, or within a couple of days, soon thereafter!

 Only one out of the eligible three who has applied for a H1B visa ultimately gets it each year! The other 2 are forced to try their luck in the lottery next year, hence the over-crowding of applicants each year for H1B, with many (1 out of 3) returning to India for good, if not successful within the final validity of their OPT expiration, during which time, they would have at least made two attempted filings for H1B.

 H1B visas have become the most sought after in the U.S. particularly by the Indian students, with about 70,000 of them graduating from colleges and universities each year, sliding into OPT visa category. Each year, USCIS has been receiving approximately 240,000 applications under this category, and allotting them under a “lottery system” to select beneficiaries, so much so, only one out three applicant receives the H1B from the allotted quota. The largest end-user of this visa now are students who come to the U.S. for higher education and who have graduated with Masters Degrees from the U.S. and who want to transition into Work Permit (H1B) from their OPT.

 4.1 DURATIOIN - WORK PERMIT VISAS, H1Bs, are granted initially for a period of 3 years, extendable to another 3 year term, by visiting the Indian Consulate, at the end of their first term and seeking a re-stamping” of their H1B, for a second 3 year term; at the end of their second 3-year term H1B visa holders should return to their home (or foreign) country for a period of 1 year, before seeking to re-entry into the U.S. on another H1B visa OR, they should have been sliding into a "Green Card" situation, sponsored by their employers ~ H1B~GC. Strangely, however, I have also seen some boys and girls seeking graduate admissions for a second F1 while in the U.S., to earn a Second M.S./M.B.A. Degree, about the time their first H1B is about to elapse and have maneuvered to go back to a second OPT, upon graduating with a second Masters and then, re-emerging with a second H1B! out-smarting USCIS!!

 Why most boys who on a straight H1B visa status remain unmarried? If the boys are on straight H1B visa, and into their second 3-year term on H1B (NOT SPONSORED FOR A GREEN CARD, BY THEIR EMPLOYER), girls shy away from such alliances, because their question is "what will I do with the boy if has to leave the U.S. when his current H1B status ends?!" "Where will he go?!" "What will he do?!" and most importantly, "What will I do with the marriage?!" and "if I should have a child(ren) by virtue of this marriage?!", are all big questions daunting these brides! because of uncertainty of the boys future that they face, in matrimony! High paying IT industry jobs in India are "gone for good"! wages have fallen off the "cliff"! Unemployment of Engineering graduates in India is at an all time high! So the H1B brides in the U.S. are constantly seeking U.S. citizen/Green Card Holder boys in hopes of getting married to one! As most brides would like to permanently settle down in the U.S. in matrimony.4.2 ~ H4 Visas ~ SPOUSES OF WORK PERMIT (H1B) VISA HOLDERS, joining them from India after matrimony, or those in the U.S. under H1B, transferring themselves into a H4 status (because their H1Bs were expiring), by virtue of matrimony, are classified as "H1B dependent", into a sub-classification called H4. Until a few months ago, these H4 classification visa holders were not legally permitted to seek gainful employment in the U.S., however, President Obama has issued an Executive Order, late in 2014, which empowers certain H4 via holders to seek gainful employment, as follows:

 4.3 February 24, 2015 - U.S. Citizenship and Immigration Services (USCIS) announced today that effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B non-immigrants who are seeking employment-based Lawful Permanent Resident (LPR) status. The DHS has since amended the regulations to allow these H-4 dependent spouses to accept employment in the United States and to work legally in the U.S. with an Employment Authorization Document (EAD) Status.

 Eligible individuals include certain H-4 dependent spouses of H-1B non-immigrants who:

 are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker with an H1B transitioning into a GC, of either spouse; or

 (2) those who have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B non-immigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status, when their two (2) 3-year H1B status has ended, transitioning from H1B~GC status.

 Under the above rules, eligible H-4 dependent spouses must file Form I-765, Application seeking Employment Authorization, with supporting evidence (meaning employment offer and other pertinent documents) and the required $380 fee in order to obtain employment authorization from USCIS and receive a Form I-766, Employment Authorization Document (EAD). USCIS began accepting applications beginning May 26, 2015 for H4 conversions into H1B of H1B-GC beneficiaries, as described in foregoing rules. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD from USCIS, ONLY THEN, he or she may begin working in the United States, NOT until then!

 Why are H1B-GC visa holders so much sought after these days?

 First, brides and grooms under the above two categories (a) and (b) visa status can remain in the U.S. until they get their green cards, however, long it takes; second, their spouses under H4 or F1 or H1B (from the U.S) or those from India, can get married to those under the above two categories in the U.S. and can be included as a beneficiary with their pending H1B-GC applications for Green Cards, so eventually both of them get their green cards together; this way, the bride does not face the prospect of having to return to India, when her/his current H1B visa status expires. Thirdly, brides and grooms can now relocate in matrimony, to where the bridegroom or the bride is living under the above (a) and (b) visa status, and still continue to seek gainful employment under H1B, until they get their Green Cards.

 With the announcement of USCIS guidelines re: H4 spouses of qualifying H1B visa holders, the stock value of brides and grooms transitioning from H1B~GC has shot-up by ten fold, at least in our matrimonial world! As it facilitates easy culmination of matrimony! It is as good as seeking and getting married to a Green Card Holder, because you have resolved the problem of NOT HAVING TO RETURN TO INDIA FOR GOOD! by marrying such individuals.

 The good news though is that those on H1B-GC can get married, spouse can seek work under H1B, and the couple can live happily and legally in the U.S. until they get their green cards in their hands. They can buy a home, plan a family, and have children and do all that like other Permanent Residents in the U.S.

 Brides on straight H1B, F1 visa status (or those from India or other countries) getting married to Boys with H1B-GC status (under the above two Rules) can be included into the boy s Petition for Green Card, eventually they both get the Green Cards at the same time, whenever that happens and can continue to live and work in the U.S. indefinitely, until they receive their green cards on hand. That is why, the USCIS amendment allowing H4 spouses to seek employment, under the above two rules, would greatly accelerate the culmination of so many weddings! Because of this rule change, many prospective brides from India are willing to come to the U.S. in matrimony, because they do not have to “sit on bench” by marrying those on H1B-GC status (under the above two rules) and can begin to convert their status from H4 to H1B, besides sliding into a “green card situation” of their spouses! Another thing it does is to facilitate relocation of the bride and/or the groom in matrimony, and still seek work under the newly announced rules by USCIS for H4 spouses.

 For those seeking matrimony, who are on either F1, OPT and H1B visas, your best bet is to seek other H1B~GC visa holders in matrimony, living in the U.S. or finding a spouse from India or other countries, if you can convince her to come ​to the U.S. in matrimony​. The advantage here is that​​ ​you can continue to live in the U.S. and "happily live ever after" until you both get your green cards - you do not have to return to India for good.​ And the girls love you for that!

4.4 TRANSITIONING FROM WORK PERMIT INTO GREEN CARD STATUS: (H1B-GC), HOW THE SYSTEM HAS EVOLVED OVER THE YEARS! Once a H1B visa holder has found an employer willing to engage his services and has agreed to sponsor his Petition for a Green Card,then those under "Work Permit" or H1B visa holders transition into a Green Card Status, if sponsored by his/her employer for such GC; this filing is a multi-step process, and is deeply involved! first step being to file for an ETA-750 for "Labor Certification", followed by a Petition to the USCIS to become an immigrant, by filing Form I-140 and eventually seeking an adjustment of Status by filing form I-485. In this series of process, first the Department of Labor has to certify that since the employer cannot find someone equivalent to him or her in the U.S., (whose petition has been filed by the employer) ~ process called "Labor Certification"; this procedure by Labor Department Certification used to take up to a year, then grew into two years, but it has been taking much longer lately because of huge build-up of Labor Certification filings from the employers on behalf of their employees; also the employers came under very intense scrutiny and questioning by the Labor Department on the credentials of the applicants coming in for Certification, because it found lots of similar skilled U.S. citizens were available to do these jobs, so the Labor Department began to slow down the process of issuance of Certifications. After the Labor Department Certification, the employee was ready to be processed into a Green Card Status with other steps (described above), which took another two or three years. Very soon the employers also came under more intense scrutiny and surveillance of USCIS re: their filings for Green Cards on behalf of their employees, along with various other visa applications such as H1B, J1, L1 B1, etc., many of them circumventing USCIS policies and procedures. And then USCIS began probing at all of the filings of different visas by various corporations, subjecting the employers into more intense paper work filings for all of their employees on work permit visas on their payroll in the U.S., where they were posted , working, whether L1s were working at client sites, whether the employer had someone with a B1 visa on their payroll, working, etc. etc. Realizing that such filings could expose them into more possible violations of USCIS visa rules, more and more employers have stopped sponsoring their employees for Green Cards; in the meantime, the backlog of Labor Certifications grew at the Labor Department and soon the employers learned that they did not benefit at all by quickening the pace of awarding Green Cards to their employees under H1B because they were leaving them lock, stock and barrel as soon as they got their GCs. So, more and more companies are making it very clear to their employees at the time of job offer, that they are making the job offer ONLY, that they will not commit to sponsoring them for a Green Card step, and the employee should not broach the subject of Green Card sponsorship after accepting the job offer and coming on board to work for them. For businesses, the ploy to retain highly skilled labor, under a H1B, very loyal and very dependable, serving them for many, many years, without interruption, at very competitive wages and delivering quality work, slugging for 65 ~ 72 hours a week has worked out well! Why would any employer want to change this scenario?! 

​4.5 ​Within the above process (H1B~GC) are three categories (i) EAB-1 for very Advanced Persons with exceptional qualifications, such as a Nobel Laureate, this category remains Current at all times; USCIS has the power to hand out EAB1 visas to anyone with these highest qualifications, without waiting; (ii) EAB-2 Special Category - persons who have a PhD degree, whose Green Cards are issued under an "expedited" "express process" scheme ~ which takes about 6~9 moths ~ based on proof of demonstrated work on their PhD thesis and papers being published and accepted by leading journals in their own fields, obtaining Patents for their inventions, and meeting a very strict, six-point criteria established by USICS! Also PhDs from the U.S., do not need an employer sponsorship to file for their Green Cards; they can do it on their own! Often times, those who have a PhD wait on their H1B status, until after they are married, to apply for the GC under this category, as the PhDs can include their spouses for a GC as well, at the time of applying, which is granted under the rules ~ so they get "two for the price of one"! I cannot over-emphasize the fact that those PhDs seeking to file for their own Green Cards must engage a very seasoned and qualified Immigration Attorney who has had a good track record of getting Green Cards for PhDs - as I understand that USCIS is very strict about the applicants meeting all of their six-point criteria established for grant of a GC under this this Program, before it is approved. Claimants of GCs under EAB-2 with PhD Degrees from the U.S. are significantly very low in number every year; so PhDs have an advantage in this area, to get it quickly, if they meet the six-point criteria laid out by USCIS; (ii) under EAB-2, also come those professionals who have a Masters Degree from the U.S. that fall into this category! Most of the 5,000-6,000 GCs allotted annually, each year, go to this group; persons holding Masters Degrees from the U.S., come under the purview of EAB-2 category, however, they do not receive the privilege of Express Expedited Green Cards, afforded to PhD Graduates from the U.S., nor can they do a self-sponsored filing of a GC on their own; (iii) EAB-3 are professionals who have just an undergraduate degree from the U.S. or B.E., M.C.A., Masters degree from India -~ this category of applicants get the least preference for the number of slots allotted in the total number of about 5,000-6000 GCs per year, so their waiting time for getting a GC for them, could take much, much longer!

4.6 - Brides coming to the U.S. from India, in matrimony to those ​who are on a straight H1B visa (not transitioning to a Green Card situation as explained under 4.3 above), can still come to the U.S. under a H4, however, they will NOT be legally permitted to work in the U.S., and may have to "sit on the bench" so to speak!

 

​But if brides from India know the situation that you are going to get into and come fully prepared for it, with a pre-requisite to go to college for higher education, such as a GRE, GMAT and TOEFL and other prep tests taken, they can enroll themselves in a college to do a Masters or PhD. By virtue of the fact that their husbands are "deemed residents" in most states where they are employed, (because they are paying State taxes), they do not have to pay exorbitant "out of state tuition" for enrolling as a full-time student, (from H4~F1), immediately upon arrival, with full 9 credit hours! as do International students on F1 visas, coming from India! "To be forewarned is to be forearmed" or so goes the saying, so "try to make lemonade out of lemon"! Come fully prepared! And in a few years, you would have graduated with a Masters degree on F1 status, ready to launch yourselves onto an OPT and thence to a H1B, and there will be plenty of job opportunities around for you!

 4.7 ​Brides who are on H1Bs are also churning off bridegrooms who are into their second 3-year term of H1B, (and not transitioning into GC), facing a dead end in the U.S., and looking at options to go to other countries like Canada or to return to India for good! For such Bridegrooms facing a return prospect to India or to another country when their second 3-year terms expires, there are brides in Canada inwww.globalmatri.org, ready to embrace such well-educated and highly qualified grooms from the U.S. So plan ahead! It so happens naturally all the time, that the 3-4 year age difference between the bride and the groom (which the brides are seeking in matrimony), puts the brides into their first 3-year term of H1B and the grooms into their second 3-year term of H1B, when the boys tenure under H1B is coming to an end and they are ready to exit the United States.

​4.8 ​ U.S. citizen brides and bridegrooms do not wish to court H1B brides and grooms for reasons of incompatibility in their manners and customs in upbringing! Their (U.S. citizen brides main concern is that these boys in the U.S. on H1B visas, are like a “cat on the wall” ready to jump to the other side and go back to India (or other countries) for good, when their H1B visa term expires. U.S. citizen brides cannot relocate to India for good, with these boys; moreover, there is also a fear in the girls minds that thy are being courted by H1B boys, for just getting a Green Card, hence, for U.S. citizen brides. H1B boys are a taboo!

 ​4.9 ​Unmarried brides in the U.S. with just with a B. E. in Engineering or MCA degrees from India are seeking more qualified bridegrooms, than themselves, with Masters and PhDs and brides who have Masters from the U.S. are seeking PhD, M.S. MBAs, and so on. And many PhDs Brides are seeking Ph​D​ Grooms and there are NOT enough bridegrooms to go around! for all of the brides! Or, vice versa. And the various visas in which they are on, at different points in their lives in the U.S. are often times a limiting factor, not helping the situation either!

​4.10 ​ One source estimates that the backlog of filing by Indian passport holding Boys and Girls in "eligible for marriage" group between the ages of (24 ~ 38) and living in the U.S. under H1B and transitioning into a "Green Card status" through employer sponsored GC Petitions has swollen to well over 300,000 petitions; this number is just not for South Indian Brahmin boys or girls, but of all boys and girls of Indian origin alone, who are now positioned themselves into that "transitioning into Green Card" status.

 The number of filings has swollen significantly since the beginning of 2008 to cross that 300,000 barrier. The USCIS is NOW handing out ONLY about 5,000-6,000 green cards each year under this category to persons of Indian origin on H1Bs transitioning into GC - so you do not have to be a mathematical genius to figure out when your wards will be getting their green cards, particularly those of you who have begun the H1B-GC process within the last 2 - 3 years! It is my understanding that those of you whose petition filing dates were confirmed for November 22, 2008, (according to the State Department Visa Bulletin dated May, 2016), USCIS is ONLY NOW beginning to process their green cards, with Finger Printing, another process to go through! So it is easy to figure out when you will get your GCs! For some recent filers, it could take as many as 15 years, if not longer!

 Application Final Action Dates for Employment-based preference as per Department of State

​Annual Visa Bulletin dated October​, 2016 stood as follows: 

Second Preference (EAB-2) for India stood at:

​February 22, 2005​

 Filing Date for EAB-2 for India stood at July 1, 2009.

 Third Preference (EAB-3) for India stood at:

​February 15, 2005​

 Filing Date for EAB-3 for India stood at July 1, 2005.

 What are Final Action Dates? (introduced by USCIS as a new step in the filing procedure in May, 2015)

 Your Priority Date is generally the date when your employer properly filed the immigrant visa (GC) petition on your behalf with USCIS. If Labor Certification was required to be filed with your immigrant visa petition, the priority date would be the date when the labor certification application was accepted for processing by the Department of Labor. So, if you have a Petition that was already filed and approved on your behalf after the above (CURRENT) filing dates, you may have to wait for an available visa number under your category, before which you become eligible to file your Form I-485, your Application to Register for Permanent Residence or seeking a filing for Adjusting your Status. Let us say, if your Priority Date is December 31, 2010, you may have to wait for quite some time to file for your I-485 Status Adjustment, until the above Filing Date crosses (pass) your Priority Date and reaches Jan 1, 2011 to be announced by the Department of State at a later date.​ Meeting the Final Action Date requirement presents yet another dimension to the problem - in that, those with "an approved Labor Certification", later than the Filing Date, cannot file for Status adjustment immediately but have to wait until after the visa availability date has slid past their approved Petition dates.

​5.0 ​GREEN CARDS are Immigrant visas that are granted to many eligible dependents of U.S. citizens under various preferences, their children besides those who filed for H1B visa holders transitioning into Green Card, usually sponsored by their employers. These Green Card Holders are also called Permanent Residents. Availability Green Cards is limited on the "Quota" of Green Cards granted to each country every year, so the prospect of one getting a Green Card as a dependent of U.S. citizens (other than Parents of U.S. citizens) stretches out to almost 15-20 years now. Since the total number of Green Cards is limited in numbers by quota to every country, every year, different for different countries, and since everyone from India is lumped into that pool of "quota for GC for India", sometimes the availability of the visa numbers extends the time as to how soon one can get them; often, H1B visa holders transitioning into the Green Card category are limited by visa availability number under Green Card category, which I understand is about 5,000-6,000 or so per year!

 GREEN CARD HOLDERS cannot be away from the U.S. for an extended period of time, beyond 6 months, without obtaining a parole ~ otherwise their re-entry is becoming altogether difficult with a different procedure to reapply and seek re-entry. It is an inconvenience that Parents of children who have become Green Card holders go through, because they have to be back in the U.S. every six months to keep their GC "alive"! Moreover, Permanent Residents must file U.S. Income Tax returns every year, exposing them to include their Indian income and Properties and capital gains taxes, if they should occur later, when properties are sold in India, and so on!

 For you the brides from India and other countries, seeking bridegrooms who are Green Card Holders or Permanent Residents, from the U.S., our advice would be to shy away from Green Card Holders, as it is going to take 4 to 5 years, before you can join your spouses in the U.S .

Application Final Action Dates for Family sponsored preference as per Department of State Visa Bulletin dated

​October​, 2016 stood as follows: (2FA is a classification for dependents of Permanent Residents/Green Card Holders in the U.S., (spouses and children included. Living in India or abroad).

 Application for Final Action date for F2A for India stood at November 15​, 2014, with a Filing Date of November​ 22​, 2015.

 One year and a half backlog in pending applications translates roughly to 4-5 years in waiting time before your spouse can join you from India (or abroad). So Permanent Residents/Green Card Holders should seek their spouses from within the U.S.A. in matrimony.

 What is a Final Action Date? (introduced by USCIS in May 2015, as a new step in (Final Action date is the actual date for which USCIS is currently processing

(hand out of) the Green Cards for those who have already filed their​

(I-485s).

 In other words, someone with a Green Card in the U.S., has to first get married to a bride of his choice, and then he has​to file a I-140 in her behalf as soon as his marriage to her, with necessary accompanying documents (in this case a Marriage Certificate or a Marriage License). He will then get an acknowledgment of her I-140 which is "deemed to be" her Approval date for Filing. In order for the Green Card holder​ to file a I-485 on her behalf, the Filing Date (to be) announced by the Department of State, in the future, has to cross her “deemed approval” Filing Date. Until that time, he cannot file her I-485 form. If that does not happen before her H1B validity

expires, she will have to leave the shores of the United States, and wait for her Green Card number to come up (obviously from India, eventually),​ receive the same in India and then enter the United States with a Green Card. She cannot extend her stay in the U.S. beyond her H1B expiration date, on the strength of a​ filing an I-140 for her, by her spouse,​ otherwise USCIS will deem that she has violated the visa rules, by over-staying in the U.S., and could refuse her a Green Card.

So those Permanent Residents (on Green Cards) in the U.S. seeking matrimony to those on H1B visa Status in the U.S. BEWARE, you have to be extremely, extremely careful to assure that your spouse has enough longevity on her H1B to get married to a Permanent Resident and stay in the U.S. until she could receive her Green Card in her hands.

 H1Bs, OPTs, F1s living in the U.S. can court Permanent Residents and get married to them, seeking an Adjustment of their status, as long as their eligibility to stay in the U.S., is be valid for quite some time, to go through the filing process and obtaining approvals from USCIS, (as explained in the preceding paragraph) during which time​ the other spouse can legally remain in the U.S. Talk to your Immigration Attorney about this process. Brides from India have to be extremely careful to accept matrimonial proposals from U.S. Permanent Residents (Green Card Holders). One year and 10 months of backlog in pending applications (from the current final action date of November 22​, 2014) could translate roughly to 4-5 years in waiting time before the spouse can join Green Card Holders from India (or abroad). This is because of limited number of immigrant visas available for issuance to this category of applicants under F2A under "country India" Quota, each year. So Permanent Residents/Green Card Holders should be very careful in seeking their spouses from within the U.S.A. or India, in matrimony!

 ​6.0 ​U.S. CITIZENS - This class of people are U.S. born children of those who migrated to the U.S. in the sixties or seventies or eighties or early nineties, born and raised in the U.S., seeking matrimony.

 They consider themselves a special "breed" and I find them generally not interested in marrying Indian Students, H1B Visa holders and recent Green Card Holders. I would highly discourage other visa holders from even attempting to lure this group of people, unless you H1Bs and Permanent Residents get "an expression of interest" from the U.S. citizens. Please do not send an "expression of interest" in wedding portals to U.S. citizens ~ as you will not get any replies! Those mails are considered as “junk mail” in the U.S. If U.S. citizens are looking for non-citizens or brides from India or those living in the U.S. under H1B status, for a reason, they know how to get hold of you!

 Others (U.S. citizens are those) who came to the U.S. as a student, progressed into H1B and became a GC holder and eventually, became naturalized citizens, over the years! Alternatively, after one has been in the U.S. for a period of five years continuously, as a Permanent Resident or a Green Card Holder, one can apply to become "A Naturalized Citizen", for those that are not born in the U.S. This procedure can take about 9 months to a year from the date of filing before you are "Sworn-in" as a Naturalized Citizen, after one has spent a period of five years from the date of getting the Green Card.

 One could apply 6 months prior to completing the prescribed 5-year period when one becomes eligible to apply for Naturalized Citizenship.

​7.0 ​L-1 VISA ~ initially granted for a 3-year term – is employer moved (relocated) visa from one country to another ~ For instance in Chennai or Bangalore offices in India that allows him or her to come and work in the U.S. for the Home Office or Parent of that Company in the U.S ~ L1 is a non-immigrant visa ~ unless of course the employer sponsors the employee for a GC within a year from the date of your arrival into this country! If not, the filing time may have expired. And in these days, employers are NOT filing Petitions for Green Cards to their L1s, as the U.S. Consul in Chennai, is keeping a "tight watch" over grant of L1s. All processing of L1s are now centralized at the U.S. Consulate in Chennai. This visa is non-transferable to other categories described above while in the U.S., (except that ONLY an employer may, under special circumstances, agree to sponsor the employee for a Green Card); the L1 visa terminates once your employer ceases to employ you or transfers you back to where one came from or to another affiliate in a third country; or the visa expires at the end of the first 3-year term, for which is usually granted; it is somewhat unpredictable as to when your job in the U.S. will terminate and/or when you will be transferred/re-assigned back to your home country or to another third country, at employers will and choice! (L-2 is a classification for the dependents of L-1, such as spouse, children). U. S. Consulate in Chennai where all Petitions for L1 are now centralized and reviewed has become very tough in approving L1 Petitions. because many Indian body shops were abusing this visa privilege, by sending their employees to work at clients sites, some thing not permitted under this visa classification! Moreover, many leading Indian software body shops are under a probe by the Justice Department for violating the visa rules under this category, so these companies are becoming concerned in even applying for a L1 visa for their employees. L1 visa holders cannot seek to adjust their visa status while in the U.S., such as to a H1B, marry a H1B and seek to convert into a H4 or H1B, or F1 and/or seek other employment while in the U.S from other employers, and/or seek to switch their employment. Their ONLY option is to resign their current job with their existing employer, return to India and seek another re-entry visa to enter into the U.S., with another visa. a long-drawn and tedious procedure

 H1Bs do not wish to marry a L1 because usually they find it difficult to get a switch from their L1 to H1B status, neither can they convert themselves into a H4 ~ moreover, if an L1 were to be transferred in his/her job to another country after the assignment or in the middle of the assignment, the other spouse may not be able to leave the country (U.S.), particularly if he or she is on a H1B transitioning into a GC ~ hence the H1Bs usually shun L1. If, of course, the L1 employer has sponsored for a GC, then that is a different matter altogether! Even then it poses an uncertainty, until you get the GC in your hands, because if your job is terminated by the employer (forcing you to leave the country) prior to your getting the GC in hand, you may not get the GC ~ as if the L1 does not have the "employer sponsored" job any more, so he has to leave the country!

 For the above reasons, L1 grooms find it very difficult to court and attract brides from the U.S. An ideal option appears to be for L1s is to seek a bride from India. Neither are they able to attract brides from India, because brides seeking matrimony to boys in the U.S., want to come here to settle down permanently, they do not want to face the exit option of returning to India with their husbands, in the future. In matrimony to L1s, they face that definite possibility. For brides on L1 seeking matrimony, the option would be to seek a H1B, settle the marriage, go back to India, surrender the L1 and return to the

 U.S. as H4 but then boys are not deeply interested in such an approach, because they do not know what can or will happen, to her "re-entry visa" once she returns to India!

 8.0 ​J-1 VISA which is also called EXCHANGE VISITOR VISA is usually given to M.B.B.S. doctors by certain State Hospitals where they are accepted for Residency and/or other PhDs (from foreign countries seeking an entry) into the U.S. to seek higher education and training, such as Residency and Fellowship​. Under this type visa, usually granted for 3 years, one has to return to his/her home country or another foreign country for a 2-year period, before one can seek re-entry into the United States on another visa, although Medical Doctors can obtain waivers for this "two​-year limitation" by working for a rural hospital within the U.S. and also getting a No Objection Certificate to Return to India from the Government India (through various Ministries), still is a tedious and long-drawn process to go through! Called "Conrad 30 Program"​:

 This program, was originally created in 1994, allows certain physicians who are​ trained in the United States on J-1 visas to obtain a waiver of the two-year home residence requirement. In exchange for the waiver, the physician must work for at least three years treating medically under-served populations in the United States. There is a bipartisan Bill in the Senate that would make the program permanent with some changes.

 Often times, one does not recognize that this type of J1 "Exchange Visitor" visas as they are called, come with lot of "strings attached"! Limiting ones stay in the country (U.S.) for a period of time, does not allow one to change ones employer (sponsor), you have to leave the country to go back to your home (foreign) country for a period of two years, before you can re-apply to seek entry into the U.S. once again; even transfer of a J1 visa to dependent H4 of a H1B (in the event of marriage to a H1B) often seems most strenuous and imposing! Some times, you have to seek a waiver from ones home country (India) such as a getting a No Objection to Return to India from the Government India, but often times, this is most time consuming procedure to get the waiver from GOI, with the Indian Government red tape shuffling the paper work from one Ministry to another and often times, you dont get it as quickly as you just need, just before the expiration of the validity of your J1 and J2.

 In my opinion, J1 visa holders are facing even more of a serious challenge in their matrimony to other type of visa holders in the U.S. such as H1B, Green Card and to even U.S. Citizens. No wonder some H1Bs, Green Card Holders and U.S. citizens do not want to get married to J1s. Parents of children holding J1 visas go through a most challenging period in their old age to get them married. because of uncertain situations their children face in the U.S. with J1s, in matrimony!

 As in every situation, there may be or can be an exception to every rule (above cited) in some specific individual cases but most U.S. Forums that I visited on J1s FAQs left the questionnaires lingering with no sound advice or answers! My advice to prospective Medical Doctor entrants to the U.S. is try to come to the U.S. on H1B visas by securing employment offers from private hospitals, rather than coming on a J1, with a State Hospital sponsorship. However, please realize that it is not doable in all cases - it is your employer if it is a State Hospital, and the U.S. Consulate that determines the type of visa you are going to be issued, based on your employer. Or if you are here on a J1, try job seeking and matrimony to someone in Canada, well ahead, to go away for that two year period, away from the U.S., exploring re-entry options later!

 Please find below a link to a site that answers "Most Frequently Asked Questions?" that will probably explain some answers to questions that your children holding J1 visas face in the U.S

 http://www.hooyou.com/j-1/j1_j2_visa_faq.html

 9.00 O-1 VISAS FOR EXTRAORDINARY ABILITY OR ACHIEVEMENT CANDIDATES.

 There are two types of O-1 visas. Unlike the H1B visas, O-1 visas are not subject an annual cap. The O-1 visa category is primarily divided into two categories: O-1A and O-1B. O-1A is for foreign nationals having "extraordinary ability" in the field of the arts, sciences, education, business or athletics. If in motion picture or TV production or an artist, the person may qualify for O-1B visa provided she/he has demonstrated a record of "extraordinary achievement." Sometimes, for artists, all that is required is a showing of "distinction". Thus, there are different standards under the O-1 visa.

 It is important to know that O-1 visas are not limited to the above-mentioned categories. USCIS interprets the statute to encompass "any field of endeavor" including craftsmen and lecturers. Further, the term "arts" includes not only the principal creators and performers, but also essential personnel such as directors, set designers, choreographers, orchestrators, coaches, arrangers, costume designers, producers, make-up artists, stage technicians and animal trainers.

 See more at: http://visaserve.com/lawyer/2016/03/29/H-1B-Visa/ANOTHER-H-1B-NONIMMIGRANT-VISA-LOTTERY-IS-LOOMING-NOW-IS-THE-TIME-TO-START-TO-THINK-ABOUT-YOUR-H-1B-BACK-UP-PLAN_bl24317.htm?utm_source=EoM+Visaserve+Vol.+149&utm_campaign=March+EOM+2016+Immigration+Updates.&utm_medium=email#sthash.EWmTllnq.J8qS44kr.dpuf

 10.0 G4 Visas ~ are again "non-immigrant" visas issued to foreign "diplomatic mission" employees stationed in the U.S., such as Indian Embassy, and those serving organizations like World Bank, IMF, WHO and United Nations! These are again "limited edition visas" in that once you are transferred back or re-assigned to your home country for the Government Agency you are working, or your job has terminated with them, you will have to return to that country for good! G4 visas are not easily transferable to other visas like H1B, and hence those in the U.S., under G4 often find it difficult to connect with suitable alliances, because like L1s, they face the prospect of return to their home country, when their assignment gets completed and they are re-assigned back to their home country!

 11.0 FIANCE VISA ~ or a "privilege visa" for U.S. citizens is intended for those U.S. citizens who have met their girl friends overseas and would like to bring him/her into the U.S. under this visa classification; this procedure takes about a 6~9 months for the Fiancé to come to the U.S., after a Petition has been filed in her/his behalf! Under this visa, once the prospective spouse comes to the United States, he or she is given a 90 day window to get married to the sponsor of the visa or to go back to his/her country (where they came from), if not married, within that time frame.

 U.S. citizens generally sponsoring such Fiancé petitions usually have made up their minds about the impending marriage, by previously visiting and dating one in their home country and that they definitely want to marry him/her, before this petition is filed!

 FIANCE VISA - I do not find lot Indians using this kind of visa but if you are marrying a U.S. citizen, the time taken to process this visa and for one to join a U.S. citizen (after matrimony) are about one and the same! Parents, check with a professional attorney if you really want to send (give) your daughters to prospective grooms in the U.S. under this visa; or if she is going there any way, she has checked out the rules and regulations!

 

12.0 RELIGIOUS VISA (or R-1 as it is classified as) is a type of visa under which most Indian temples are sponsoring their Priests or "Gurukkals" for services in temples across the U.S. Like the H1B, it is granted initially for 2 years, extendable to another two or 3 -years or so.

 12.0 ARTISTS VISA (or P-1) as it is classified is granted to artists, visiting Carnatic musicians, athletes, cine and movie performers, etc.

 DISCLAIMER: In the U.S. only a practicing Immigration Attorney can give legal advice on immigration matters; I am not a qualified and practicing Immigration attorney, thus cannot give specific advice on immigration matters! What has been discussed above, by way of sharing immigration information, is based on broad general guidelines obtaining (only) and may not apply to specific individual cases unique to them ~ exceptions to every immigration rule always apply but those are ONLY exceptions to specific individual cases and are not general, applicable to all, so you should contact an Immigration Attorney on your specifics.

 Wishing early matrimony to your ward ~

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