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

Submitted by Chief Editor on Mar 6th 2009

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

Submitted by Chief Editor on Mar 3rd 2009

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

Submitted by Chief Editor on Feb 27th 2009

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?

Submitted by Chief Editor on Feb 23rd 2009

There is no law that prohibits an F-1, J-1, F-2, or J-2 visa holder from applying for a green card directly. But as a practical matter it takes a long time to obtain a green card in most cases. Therefore, even if you begin your green card process while you are on F or J status you will probably be required to convert to H-1 due to lack of time. Conversion to H-1 during green card pendency is no problem.

One more issue that you have to bear in mind is that F and J visas do not allow you to possess immigrant intent. Therefore, if you travel abroad during the pendency of the green card or if you need to obtain F or J visa stamped, you could have trouble because filing for green card you would have established immigrant intent.

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

Submitted by Chief Editor on Feb 22nd 2009

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. 

Checked the wrong box on Form I-90

Submitted by Chief Editor on Feb 22nd 2009

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.

Turning 21 - do I have to convert to F-1 from H-4?

Submitted by Chief Editor on Feb 22nd 2009

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

Green Cards for Physical Therapists

Submitted by Chief Editor on Feb 19th 2009

 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?

Submitted by Chief Editor on Feb 19th 2009

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?

Submitted by Chief Editor on Feb 19th 2009

Quote:

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

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