Frequently Asked Questions - General Green Card

  1. Green Card Without Employer's Support
  2. Employment Authorization Document (EAD)
  3. Immigrant Visa Interview - Medical Examination FAQs
  4. Process After Getting Immigrant Visa
  5. Applicant Accompanied by a Third Party for an Interview
  6. L-1 to GC
  7. Green Card Holder With No Reentry Permit
  8. Green Card Eligibility Under EB-2 Classification
  9. EB-5 Investment-Based Green Cards
  10. Priority date retrogression -- consequences and concerns
  11. Questions regarding I-485
  12. Green Card for musicians
  13. Family Unification and Green Card
  14. Green Card Stolen
  15. Out of F-1 visa status
  16. Two year temporary green card
  17. Green card for L1-B or L1-A holders
  18. Green Card for musicians
  19. Green Card Expenses
  20. Holding Company Stocks on TN Visa
  21. Green card and overstay
  22. Working outside USA
  23. Mandated poverty line
  24. AOS applicants applying for H-1 visa
  25. B1/B2
  26. Australian Musician to perform in US
  27. Green card and priority dates
  28. Co sign
  29. P1 visa to green card
  30. How to check if I-485 received
  31. Re-entry permit
  32. Outstanding researcher
  33. EB-2 Eligibility
  34. Quickest way to get a GC
  35. I have a green card, I was out of the U.S for more than a year
  36. B visa while GC pending
  37. AC21 and losing job
  38. EAD restriction for 245i
  39. How to renew green card
  40. J1 overstayed by years, married to a greencard holder
  41. Conditional green card
  42. Out of Status
  43. Importance of having continuity of employment/pay stubs
  44. From a B-2 visa to a green card
  45. Time Frame for Green Card
  46. E-3 visa dual intent - applying for green card
  47. I-140 Denied
  48. Current USCIS procedures for PD transfer and AOS
  49. My mother got her green card
  50. Green card
  51. Prevailing Wage - H-1 and GC
  52. DWI and Naturalization
  53. Sponsoring Niece and Nephew
  54. Green Card holder parents bringing to US a child born outside USA
  55. I-485 AOS Pending, Employer's Bankruptcy
  56. Obtaining H-1 Extension beyond 6 years
  57. Important questions on H-1, AP and Travel
  58. Working abroad while AOS pending
  59. Working for two companies on EAD
  60. May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?
  61. Applying for green card while on a B-1 or B-2 visa
  62. AC21 - accepting a green card
  63. Leave of absence - I-485 pending
  64. RFE after the I-140 was approved
  65. Marriage to US Citizen with EB AOS is pending
  66. Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?
  67. Should you be applying for employment-based green card in this economy?
  68. What does AOS approval mean?
  69. Following to join
  70. Employment-based out of status protection for AOS - Section 245(K)
  71. Can H-1 be extended based upon family-based green card?
  72. I-485: pre-adjudication and employment verification letter
  73. Status, authorized period of stay and unlawful presence
  74. I-485 interview-- does arrest create a problem
  75. H-1 Extension based upon spouse's 140; Child born in USA
  76. H-1 without specific job/GC continuation without H-1
  77. USCIS Finally correct 140 Premium Policy
  78. Watch out - the prioirty date cut off in March was effective immediately
  79. Criteria for Outstanding Researcher/Professor Category
  80. EB-3 "Unavailable"
  81. Watch out for this immigration fraud!!
  82. Converting from EAD back to H-1--Updated 6 April 2009
  83. Multiple I-140 filings
  84. GC future job; H-1 ext. revocation upon 140 denial, etc
  85. Employers and Employees -- H-1 or EAD?
  86. H-1 and EAD
  87. I-485 Priority Dates and Processing Dates
  88. DOL gives PERM processing dates
  89. GC approved. When should I start working on the green card job?
  90. GC Compliance for Employers
  91. Renewing Expired GC and Citizenship for autistic/disabled persons
  92. Starting business while in AOS/I-485/H-1/H-4
  93. Pointers for EB1/NIW filings
  94. Am I obliged to join my sponsoring employer after GC approval?
  95. Does chargeability change with citizenship change?
  96. How does the Stimulus Bill affect H-1b, L-1 and Green Cards
  97. Adoption from India
  98. CIS Reinstates Limited I-140 Premium Processing
  99. Can F/J holders apply for green card?
  100. Turning 21 - do I have to convert to F-1 from H-4?
  101. Checked the wrong box on Form I-90
  102. What happens when an employer is under criminal investigation/indictment?
  103. Green Cards for Physical Therapists
  104. May physicians process GC during residency?
  105. Is salary reduction possible/legal?
  106. If I-140 gets revoked/denied does my H-1 extension get canceled?
  107. DOL Comments on PERM Processing Times
  108. Expected I-140 denial
  109. Does filing for any green card permit me to stay in USA?
  110. What to do if an I-140 gets rejected?
  111. Do advanced degrees help in marriage-based green card?
  112. Consequences of DUI's on naturalization and green card
  113. Does lay-off affect natutralization?
  114. Start-up applying for H-1 and AC21 for employees
  115. AC21 Portability and Related Issues
  116. Filing EB1 while EB2 AOS is pending
  117. Further questions on AC21
  118. Promotion during the green card process through PERM
  119. B visa while GC pending or similar situation
  120. Supervisory review
  121. Green Card through Citizen brother
  122. Changing Careers after the GC
  123. Multiple Labor Certifications
  124. Can Employer Withdraw My Green card Application?
  125. How soon can I leave the employer after I get my GC
  126. PERM News July 15 2008 DOL Meeting
  127. AOS Pending, Should H-1 be Renewed
  128. Priority Date and AOS (Form I-485) Processing
  129. EAD and H-1 Conversions for Derivatives
  130. Gap in Employment during AOS
  131. PERM Through Relative Owned or Controlled Company
  132. AOS Denial – Consequences for H-1
  133. Basic Criteria for Extraordinary Ability
  134. I-485 approved while outside the USA - travel on AP or GC
  135. What if I never joined the employer who sponsored me for green card?
  136. Medical problems/diseases that can cause issues in green card
  137. Legal Rights/Benefits of Green Card Compared to H-1B
  138. Can pending immigration applications be affected by changes in the law?
  139. What Happens to Existing Green Cards?
  140. Child Born To A Lawful Permanent Resident Mother During Her Temporary Absence From The U.S
  141. Changing Back to F-1 Student Status After Filing for Green Card
  142. Birth certificate late registration and secondary evidence
  143. Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers
  144. Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
  145. Green Card Before Marriage
  146. K Visa for Spouse of Green Card Person
  147. Travel During Pendency of I-829
  148. Green Card And Re Entry Permit
  149. Green Card for Artists
Green Card Without Employer's Support

Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).

Employment Authorization Document (EAD)

What is an EAD?  

Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.  

Why does my new EAD look different than my prior one 

Immigrant Visa Interview - Medical Examination FAQs

1. Chest X-ray and blood tests are not usually required for children under the age of fifteen.

2. Applicants with mental retardation or learning disabilities must present a report of their condition and any special educational or supervision requirements.

Process After Getting Immigrant Visa

Make an infopass appointment and get her passport stamped for temporary proof of green card. She can travel with that. Normally, the physical GC takes just a few weeks. I am not concerned about SSN. That will arrive eventually. But do review my blog videos about I-131 and maintaining green card, etc.

Applicant Accompanied by a Third Party for an Interview
L-1 to GC

There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.

Green Card Holder With No Reentry Permit

Start with contacting the local U.S. Consulate. See if they can issue a returning resident permit 

Green Card Eligibility Under EB-2 Classification

A Beneficiary’s degree must be from an accredited university in order for the Beneficiary to be considered eligible for a Green Card under EB-2 classification. Evidence such as SEVIS certification or state board approval, which confirm that the university is a legitimate educational institution, is not sufficient to show accreditation for Green Card purposes.

EB-5 Investment-Based Green Cards
Priority date retrogression -- consequences and concerns

A 1. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer untile the PD becomes current again. Second, USCIS can “preadjudicate” that case. That means the case is adjudicated and then shelved for PD to become current again. I do not believe there exists a mechanism currently to determine what USCIS will do with an individual case.

Questions regarding I-485

Answer 1: EAD is usally processed within 90 days and AP within 3-6 months. You can check I-131 processing times from links on this page: http://www.immigration.com/processin...-status-checks

Answer 2: A visa stamp is NOT required. Proper status only is needed.

Green Card for musicians

A green card through work is unlikely unless either he/she has a full-time job offer in her field or is nationally/internationally recognized.

Family Unification and Green Card

One of the ways could be for your daughter to apply for your green card when she turns 21. The problem is, if you were unlawfully present in USA for more than a year, you may be barred from entering USA for 10 years.

Green Card Stolen

You can easily apply for a replacement green card. Read the instructions on Form I-90. Please visit this link for more information.
http://www.immigration.com/renew-or-replace-green-card

Out of F-1 visa status

You can just apply for your green card. Do not travel outside USA until you get your green card (or travel only as advised by your lawyers).

Two year temporary green card

She cannot put a "block." There is no such provision in law.

Green card for L1-B or L1-A holders

Smaller companies can have a tough time getting an L-1A.

Green Card for musicians

Green cards in music would be available possibly for two categories of individuals: those who have a permanent job in USA in their field and those who are nationally or internationally famous.

Green Card Expenses

The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).

Holding Company Stocks on TN Visa

I see no issue with holding stock, but that will be a problem for PERM-based green card. Also, processing green card under TN can be problematic.

Green card and overstay

It is highly unlikely that he will be allowed into USA.

Working outside USA

It is possible. Look into both I-131and N-470 filing through a lawyer.

Mandated poverty line

Here are the poverty guidelines http://aspe.hhs.gov/poverty/index.shtml

Your father can co-sponsor (file an affidavit of support) along with you.

AOS applicants applying for H-1 visa

We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.

B1/B2

You should be able to get your green card. Do not travel outside USA until you do. I would suggest getting a lawyer.

Australian Musician to perform in US

A "B" visa is appropriate if the artist will not be paid in USA, other than for travel and incidental expense.

Green card and priority dates
Co sign

An affidavit of support can be co-sponsored by your friend. But green card holders cannot sponsor siblings for green cards, only US Citizens can.

P1 visa to green card

You may be able to apply for a green card if you meet the requirements of EB-1, aliens with extraordinary ability or based upon a job offer, and of course, if a family-based possibility exists

How to check if I-485 received

You can verify delivery (if sent by Fed Ex, UPS, etc.) and also check with your bank if your fees checks were encashed.

Re-entry permit

Reentry permit can be obtained only by people who have a valid green card. Your only option (other than filing for a green card again) seems to be to ask the US Consulate for a Returning Resident Permit if you can show them a genuine reason for your absence. Note that this would be a difficult application.

Outstanding researcher

I cannot think of any stage at which you cannot travel. Good luck!

EB-2 Eligibility

Impossible to predict. It all depends upon the type of degrees and the language used in the Form ETA 9089

Quickest way to get a GC

Generally speaking, where there is a choice, we always file multiple green card applications for spouses.

I have a green card, I was out of the U.S for more than a year

Generally speaking, a visit outside USA lasting more than one year terminates your green card (no matter what the card says).

B visa while GC pending

The law is uncertain. This type of entry will be left at the discretion of CBP. I have a blog entry on this subject. Please review it: http://forums.immigration.com/blog.php?u=1

AC21 and losing job

AC21 should be filed. The fact that you were out of job for 8 months is irrelevant. As long as the jobs are same or similar, you should have no issues.

EAD restriction for 245i

Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.

How to renew green card
J1 overstayed by years, married to a greencard holder

Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.

Conditional green card

Off hand, I can think of two types of conditional green cards: marriage-based and investment-based. In both instances, eventually you have to apply to get the condition removed.

Out of Status

A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'

Importance of having continuity of employment/pay stubs

Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.

In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.

For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.

From a B-2 visa to a green card

That does not sound possible. Green cards to USA are granted based upon very limited basis. But, you should have your friend speak with a lawyer to see what options may exist.

Time Frame for Green Card

The time frame for employment based green cards depends upon two things: your country of chargeability (usually the country you were born in) and the category of green card through which you apply: EB1, EB2, EB3.

E-3 visa dual intent - applying for green card

Applying for a green card should not be a problem for you or your wife. I always suggest filing two independent green cards where the option is available. This provides for a safety net if the process fails for one of the spouses.

I-140 Denied

You can refile the I-140 or file an MTR/Appeal. Both have pros and cons.

Current USCIS procedures for PD transfer and AOS

I would probably do nothing. Under current USCIS procedures, they scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD you are entitled to.

My mother got her green card

There is some error in your facts. It appears she left in March 2009 (NOT 2008). You cannot file a reentry permit while she is outside USA. If she is outside USA for more than one year, the GC is deemed abandoned. If it is out more than 6 months, but less than 1 year, she can be asked to demonstrate that her permanent home is in USA.

Green card

In my view, failing to file an I-751 in a timely manner could cause serious problems. I think you should consult with a lawyer locally where you are.

Prevailing Wage - H-1 and GC

The employer is obliged to pay you the H-1 renewal wage now and the PERM wage after you get the GC approval.

DWI and Naturalization

USCIS can question anything that has bearing upon good moral character.

Sponsoring Niece and Nephew

It depends upon how we define the term "sponsor." If you mean can you apply for their green cards, the answer is no. If you mean can you provide an affidavit of support for them to visit or study in USA, the answer is yes.

Green Card holder parents bringing to US a child born outside USA

Your child may accompany you or travel with you to the U.S if the following conditions are met:
a) the child has a separate passport;
b) has a birth certificate from the corporation, municipality or a registrar of births and deaths (please note hospital records are not adequate)
c) the child accompanies the immigrant mother or father upon her or his return to the U.S following the birth of the child
d) the child is under the age of two years
e) the immigrant mother or father has a valid Form I-551 or I-151, alien registration receipt card (in short called

I-485 AOS Pending, Employer's Bankruptcy

1. If your job remains the same and regular salary continues to be paid I see no issue for H-1 or green card.

2. An amendment should be filed, though it is debatable if it is required.

3. In my view, AC21 port is easier.

Obtaining H-1 Extension beyond 6 years

H-1 extension beyond six years can be obtained under two circumstances:

First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and

Important questions on H-1, AP and Travel

1. I think I prefer AP. Read the Cronin memo and you will understand that even if you enter using AP, you will be considered to be on valid H-1 as long as you were maintaining H-1 status before you left. Search the word "Cronin" on my blog .

2. No. See answer above.

3. It is impossible to predict times. Plan for a six-month turnaround.

4. Do not be scared of queries. We are yet to lose an H-1 case. I am not aware of any queries on AP.

5. Advance Parole and Passport.

Working abroad while AOS pending

1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.

2. As long as the permanent job continues to exist, there is no other requirement of presence.

3. I see no problem with visiting USA as often as you like.

Working for two companies on EAD

1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.

2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)

Applying for green card while on a B-1 or B-2 visa

A1. There is nothing that stops you from applying for their green card. Note also that the same answer applies to children and spouse of a US citizens. But it does NOT apply to brothers/sisters.

There is just one issue. It is INAPPROPRIATE (may be even illegal) for a person to enter USA on a tourist or other similar visa if they have the intent to apply for a green card. BUT, if they enter USA without that intent, and after a few days of entry change their mind, that is perfectly appropriate and legal.

AC21 - accepting a green card

A1) There is no formal procedure other than joining, preparing a Form I-9, being on the payroll and actually working.

A2) You can behave like you would in any other permanent job - take vacations, etc.

A3) That question has been answered on my blog. See http://forums.immigration.com/blog.php?b=36

Leave of absence - I-485 pending

a). The first issue would be whether or not you still have a "permanent job" that would qualify you for a green card. In situations of long vacation, questions could be raised whether or not the green card job is indeed permanent; if so, who will do it in your absence; what is the reason for your leave; are you terminating your relationship with your employer, etc. If you have good answers to all these questions, you are fine.

RFE after the I-140 was approved

1. There is some legal argument for saying no, but in my opinion, USCIS can do this. In fact, I think there is a 9th circuit case from last week that says they can.

2. My take is AC21 would be a better idea, although, not fool proof.

I detest this current trend of USCIS of over-scrutinizing every case and making impossible demands while operating in an environment of regulation by memorandum. I could share some horror stories with you.

Marriage to US Citizen with EB AOS is pending

NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.

A legal marriage in India is fully recognized in USA.

Nufield Memo-Are you deportable even if in valid AOS/I-485 pending?

That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.

Should you be applying for employment-based green card in this economy?

A lot of employers have been asking this question in the last few months. Is it even possible to get a labor certification with the US unemployment at a 26-year high.

What does AOS approval mean?

Approval of AOS (Form I-485) means she is now a green card holder as of the date of the approval. The only thing she needs is the proof of that fact. You can take the approval notice, make an infopass appointment and ask that her passport be stamped with evidence that her green card has been approved. That stamp is as good as a green card. She can travel using that.

Following to join

I am assuming the situation is that the husband's AOS is pending and he is using AC21 portability. That said, she is entitled to follow to join because she was (is) married to him before his green card got approved. There is NO requirement that a spouse must on a derivative visa (like H-4) in order to follow to join. She can follow to join even if she is outside USA, OR on F-1, H-1, L-1 or any independent visa. She will have to stay outside USA if her H-1 is denied, unless he revives his H-1 and brings her back on H-4.

Employment-based out of status protection for AOS - Section 245(K)

Pursuant to section 245k of INA, an employment-based applicant and their family can file for an AOS (I-485) if they have been out of status or have worked without authorization for less than 180 days. The protection period is counted since the date of your most recent entry into USA. So if before filing I-485, you leave USA and reenter, you should have no issues. There are other ways to fix this also, but this is the most direct.
See attached USCIS Neufield Memo of 14 July 2008.

Can H-1 be extended based upon family-based green card?

You cannot. This extension is available only to employment-based applicants.

I-485: pre-adjudication and employment verification letter

1. EVL can be asked for at any stage of AOS/I-485 process. It is REQUIRED when you submit the 485, but thereafter it is discretionary.

2. The main reasons are that USCIS has to make sure you still have a job and the job is "same or similar" to what was described in the labor cert (or I-140 for EB1).

3. This means your application has been reviewed and adjudicated to be approvable. So, USCIS is just waiting for the visa numbers to be current.

 

 

Status, authorized period of stay and unlawful presence

Status, authorized period of stay and unlawful presence are three VERY important concepts in US immigration laws with far reaching implications. The nuances in these concepts are so intricate that they can trip up even my fellow-lawyers. I see issues in this all the time.

Here is a brief primier to enable you to understand the basics. This is by no means an exhaustive analysis.

Status

I-485 interview-- does arrest create a problem

Quote: I just got a letter from USCIS that I need to appear for a I-485 interview. I had applied my green card under the EB-XX. To update you i had an arrest record in 2005 for a domestic violence battery case, which was later dismissed in court. Also you might be aware my wife is currently in india, and we are under separation. She will join me on (XXX date) if she agrees for marriage counseling. Under these circumstances I had some questions which I wanted answers for: Please let me know your response.
 

H-1 Extension based upon spouse's 140; Child born in USA

Quote: 1. Hello Rajiv, my wife and I have been working on H1B for different employers. My employer applied for my GC in 07. I have my I-140 approved, my wife and I have our EAD cards and AP. Thanks to your team! Now my wife's H1B term (6 years) ends on Jan 2010. Does this mean that if she wishes to continue her employment with the same employer after Jan 2010, she "HAS" to use her EAD ?

Ans. Yes. Under the current USCIS policy, they will not extend her H-1, based upon your I-140. They used to do that a few years ago, but not any more, as far as I know.
 

H-1 without specific job/GC continuation without H-1


1. I don't have a work order or client letter to support my H1B extension which is expiring on 2nd June. Is it legally not allowed to file for H1B extension without this or to avoid RFE one need to support extension with this.

USCIS Finally correct 140 Premium Policy

Back in June 2008, we, on behalf of clients and community, had sent a letter to USCIS pointing out their defective policy. After 8 months, they have finally (partly) corrected the problem. Read the letter and the details here:
http://forums.immigration.com/blog.php?b=15

The second memo from USCIS is attached.

 

Watch out - the prioirty date cut off in March was effective immediately

The April 2009 Visa Bulletin was issued on March 9th. The VB said the visa numbers for EB3 were unavailable with immediate effect (Philippines retrogressed to 2003).

This is highly unusual. The visa bulletin is a forecast for the month ahead and does not take effect immediately. But State Department says that this one was of immediate effect.

What does this mean?

Criteria for Outstanding Researcher/Professor Category

Preliminary requirement: The applicants must be able to document at least three years of experience in teaching and/or research in the specified academic field and that they are "recognized internationally."

Generally speaking, experience in teaching or research while working on an advanced degree will not satisfy the three year requirement.

EB-3 "Unavailable"

Correct. "Unavailable" means that it is the ESTIMATE of the State Department that visa numbers for India are exhausted for this fiscal year which ends on September 30. But the estimate may not always be accurate. DOS may go back and reopen this category if they need to (unlikely, but not impossible). Your green card can go on in your absence. That is no problem as long as we have answers to these questions: 1. Is the job really permanent? 2. Why is the employer accommodating you? 3. Who is performing the job in your absence?

Watch out for this immigration fraud!!

I have received inquiries on this type of email floating around. This is fraudulent. US govt. does NOT issue green cards based upon random email lottery. Please circulate this to all concerned.

--------------------------email---------------

U.S. Department of State

Bureau of Consular Affairs, National Visa Center

32 Rochester Ave. Portsmouth NH 03801-2909

Attention: Winner.

Converting from EAD back to H-1--Updated 6 April 2009

 

Quote: I am currently on H1b status valid till may-2011 and have a valid EAD card, My I-485 is pending for over 180 days. My company has cut my position and may revoke my H1b. If I transfer my H1b to another company and then work on EAD. Will my H1b remain in the dormant status?

Ans. Yes.

Quote: If yes, can i switch back to my H1b if i wish to? and what would be the process?( go out of country to get stamped?)

Multiple I-140 filings

As to possible issues, I can probably write a book. Generally speaking, you can have as many I-140's as you like as long each is motivated by a genuine desire to accept a job before or upon approval of the green card. As to your specific situation, consult your lawyers if they feel there is any problem. I hope this helps you sleep better.

GC future job; H-1 ext. revocation upon 140 denial, etc

Ans. Yes. As long as the employer has the intention of keeping the job open for you and you have the intention to join them, the green card process can continue.

Quote: If by any chance they say that I can do it, does it involve just an amendment to my H1b or will it be a fresh H1b? My job responsibilities will change and $8000 change in salary only.( from Research Associate to resident). If yes, can I join residency before the amendment is approved? I heard that INS should receive the petition before the join date and I am fine.

Employers and Employees -- H-1 or EAD?

 There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.

Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.

H-1 and EAD

Qo. I plan to be on EAD after my 6th year of H1-B expires on September 23, 2008. If I decide to be back on H1-B then is there any time limit within we have to file for H1B extension after its expiration on September 23, 2008 while I am working on EAD?
Ans. Generally speaking there is no time limit as long as you are entitled to the extension.

Qo. For example, will we have to file within 6 months or 1 year after September 23, 2008 while I-185 is still pending?

I-485 Priority Dates and Processing Dates

In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.

DOL gives PERM processing dates
GC approved. When should I start working on the green card job?

Yes, now that the GC is approved, your employer should "permanently" give you the job described (including the title, salary and job duties) in the Labor Certification. This change should take place within a "reasonable time" after the GC approval.

Keep in mind, "permanent" does not mean forever. This term describes a job that has no pre-decided termination date. We see no violation of the law, If the employer, due to economic or other circumstances, can no longer support the job after having offered it to you in good faith.

GC Compliance for Employers

Quote: (1) If we revoke their H-1, are we still required to pay full wages if our clients say they do not currently have a project for our employees?

Ans. You are not required to pay "bench salaries" for employees whose H-1 are revoked (remember you must inform CIS and offer employee a one-way ticket home). But we then have exposure to the questions, "do you still have a "permanent" job for them?" If the answer is no, then their GC processing can be interrupted unless they use AC21 portability.

Renewing Expired GC and Citizenship for autistic/disabled persons

Quote:  A member of our family was issued a Green Card in November 1980. The green card did not have any renewal date (see enclosed). I assume Green Cards at that time did not have a renewal date. Does this need to be renewed?

Ans: Replace the green card. See:
http://www.uscis.gov/files/form/i-90instr.pdf

Starting business while in AOS/I-485/H-1/H-4

1. She can NOT do this on H-4. Once you folks file 485 and get EAD, things will be different.

You can then be a passive investor (performing no work type activity for the company) even while on H-1. You can also be an active investor if you wish to move to EAD as long as you maintain your intention to work full time for the GC sponsoring employer. Your wife can work for the company, own it, be partners, etc. as long as she has the EAD.

Pointers for EB1/NIW filings

The following pointers have emerged from recent cases and comments from USCIS:

1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.

2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.

3. Emphasize/document the "international" nature of your accomplishments.

Am I obliged to join my sponsoring employer after GC approval?

Quote: 1) Do I need to inform company ‘B’ and be in their payroll with immediate effect?
2) If company ‘B’ cannot provide me a job in my location and offer the salary I demand, is it a valid reason for me not to join ‘B’?
3) How should I inform company ‘A’ about my green card and what is the best reason to justify my case to continue work with company ‘A’?
or Should I inform company ‘A’ only when I fill the I-9 form next year Jan 2010.

Does chargeability change with citizenship change?

Still, India. Your chargeability follows the place of birth, not your citizenship.

How does the Stimulus Bill affect H-1b, L-1 and Green Cards

There is a lot of confusion out there as is obvious from a gazillion emails I have received. So, I braved the lion’s den and tried to figure out this thing. Here is how I see it.

1. If an employer receives TARP funding they can hire NEW H-1B workers only if they comply with certain requirements. Note that existing H-1 workers are not affected. Note also that there is no effect on existing or future green card applications of such employers.

Adoption from India

I am sharing with you a response to a frequently asked question about adopting a child from India. Our inquirer also wanted to know if she could adopt her niece. Here is the info:

CIS Reinstates Limited I-140 Premium Processing

The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html

Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and

Can F/J holders apply for green card?
Turning 21 - do I have to convert to F-1 from H-4?

 I do not see any way around filing an F-1.

Checked the wrong box on Form I-90

You should certainly point this out at the biometrics appt. You should also call the CIS customer service number and explain the problem. In addition, you should contact your Congressman. Let them contact CIS and help you correct this issue.

What happens when an employer is under criminal investigation/indictment?

That depends upon whether or not the conspiracy was in fact in relation to the pending cases. For example, if the fraud/conspiracy involved non-payment of H-1 employees, that should have no affect on pending green card cases. 

Green Cards for Physical Therapists

 PT's and RN's are both exempt from filing labor cert, but the time for their green card processing is still tied to the time it takes for people from the country of their birth. An India-born PT will wait the same time in EB-3 category as any other India-born EB-3 applicant.

May physicians process GC during residency?

The essence of a green card application is that it is meant to be for a job in the future. 

Is salary reduction possible/legal?

Quote:

1. If an employee is on a H1 they cannot have a 10% pay cut unless their H1 was amended and refiled.

If I-140 gets revoked/denied does my H-1 extension get canceled?

Quote:

If we apply for a H1b extension for another year ( I believe we can apply 6 months before the expiry of the current 7th year H1b ) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?

Ans. Yes. You are safe. Under current practice, CIS does not take away extensions already given.

Quote:

DOL Comments on PERM Processing Times

In a recent meeting, USDOL has stated:

Quote:

Expected I-140 denial

 You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.

Does filing for any green card permit me to stay in USA?

So, the questions is does filing for any green card permit me to stay in USA?

The answer is no.

Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.

That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.

What to do if an I-140 gets rejected?

Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.

Do advanced degrees help in marriage-based green card?

 1. Advanced degrees do not help in a family-based green card.

Consequences of DUI's on naturalization and green card

Let us look at the law for green cards and removal (deportation) first.

Remember the following GENERAL elements of the law (there is more to it).

Does lay-off affect natutralization?

 I see no reason to worry here. Neither the civil cases nor the fact that you have left and taken a PT job should have any bearing on your naturalization.

Start-up applying for H-1 and AC21 for employees
AC21 Portability and Related Issues

Quote:

Both me & my wife have EAD and have our full time job. My question is , it is possible for us to start a new LLC ??

Filing EB1 while EB2 AOS is pending

I am thinking about applying for green card under EB-1A or EB-1B. Currently I have an approved I-140 (2005, EB2). I have a few questions:
Q.a) Is the EB1A or EB1-B I-140 premium processed?

Q.b) Do I need to submit another set of I-485 with the EB-1 application even though the EB-2 I-485 are pending with USCIS?

Q.c) Which option would be better for me - EB-1A or EB-1B? I am currently an associate professor at XXX University.
 

Further questions on AC21

Quote:

 I would like to be on my H1B even with the new employer. To my knowledge we should file a new H1B within a month but due to the market situation if I have to get on to EAD then can I get back to H1B? If yes then with in how many days should I apply for H1B?

Promotion during the green card process through PERM

Quote: Can I receive a promotion, extraordinary increase in salary or change in job location during the pendency of a labor certification based green card?

B visa while GC pending or similar situation

This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.

Supervisory review

Pretty much anything can be within the context of a case. Supervisory review means just that - a review by a senior level adjudicator. Usually, that means there is some unusual procedural or legal issue involved. The good news is that, means your case is being reviewed, the bad, we don't know for what. You can try to go through a Congressman's office to find out more if you like.

Green Card through Citizen brother

This is usually not a feasible option. To see how long it would take, look at the Visa Bulletin: 

http://www.immigration.com/newsletter/vbarchive.html

You will note that it will take more than a decade to get a green card through family-based category 4. You are not permitted to stay in the USA just because this application is pending.

Changing Careers after the GC

 A1. I see no problem with this nor do I see any red flags.

A2. Sure. Why not. Permanent does not mean forever.

A3. Not at all.

A4. Nothing else I can think of.

Multiple Labor Certifications

In my opinion, most definitely, yes. As long as both companies are acting in good faith (honestly) and you have the intention to take whichever green card happens to be more convenient or quicker for you, you can file 2 or more labor certs (PERM) through different employers.

Can Employer Withdraw My Green card Application?

Ans1. They can withdraw the 140. That is their petition, but they cannot withdraw the I-485. That is your petition. If they withdraw the I-140 you can still take recourse to AC21 and not suffer any negative consequences.

Ans2. If you are covered by AC21, you should be fine.

Ans3. File AC21 letter as soon as possible.

Ans4. Sure .

Ans5. See this link: http://www.immigrationportal.com/blog.php?b=25

How soon can I leave the employer after I get my GC

A1. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits.

PERM News July 15 2008 DOL Meeting

The attached PDF document contains information from DOL on PERM backlogs, program future and other pertinent matters. Enjoy. Regards to all. Rajiv.

AOS Pending, Should H-1 be Renewed

Bottomline - I think H-1 should be renewed.

A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:

One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.

Priority Date and AOS (Form I-485) Processing

As of July 2008, this is how the system works.

First, let me provide a little background. Priority Date is the date your PERM is filed (in Case of EB-1 or NIW – the date your I-140 is filed; in case of Family-based petitions – the date your I-130 is filed.).

EAD and H-1 Conversions for Derivatives

Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.

Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.

 

Gap in Employment during AOS

Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.

Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.

PERM Through Relative Owned or Controlled Company

The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.

AOS Denial – Consequences for H-1

Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.

Basic Criteria for Extraordinary Ability

This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.

I-485 approved while outside the USA - travel on AP or GC
What if I never joined the employer who sponsored me for green card?

Watch the Video on this FAQ: What if I never joined the employer who sponsored me for green card?


Medical problems/diseases that can cause issues in green card
Legal Rights/Benefits of Green Card Compared to H-1B

Watch the Video on this FAQ: Legal rights/benefits of Green Card compared to H-1B

Video Transcript:

It is easier to define the rights of a GC holder in comparison to the rights of a U.S. citizen. You can pretty much do everything that the US citizen can do.

Can pending immigration applications be affected by changes in the law?
What Happens to Existing Green Cards?

Nothing. The process continues.  Changes in laws are not retroactive.

Child Born To A Lawful Permanent Resident Mother During Her Temporary Absence From The U.S

Children born during the temporary visit abroad of a lawful permanent resident (LPR) mother are classified as NA3.

     · A child who meets the requirements of the NA3 classification is exempt both the passport and immigrant visa requirement when arriving in the U.S. for the first time.

     · The child must apply for admission to the United States within two years of birth.

Changing Back to F-1 Student Status After Filing for Green Card
Birth certificate late registration and secondary evidence

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

https://youtu.be/1QbgUmUUJvc?t=1405

Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers
Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status

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

https://youtu.be/H_VV9kV_lOg?t=65 

Green Card Before Marriage

It is difficult for me to plan your course, but the law is relatively simple. If you get married BEFORE green card approval, your spouse is entitled to "follow to join." That process tends to be quicker than if you get married after you get the green card approval.

K Visa for Spouse of Green Card Person

V visa no longer exists. There is no K visa option for green card holders. Sorry. 

Travel During Pendency of I-829

When the I-829 fees receipt is issued, it should state that your green card is extended for one year and travel and work during this time is permitted.

Green Card And Re Entry Permit

You lose your green card status. Reapplying or trying to get a returning resident permit would be the only two options that I can think of.

Green Card for Artists

Basically two ways: through a job offer in your field OR through your own qualifications, but only if you are nationally or internationally famous.