EB1 Green Card FAQs

Tuesday, February 20, 2024 - 03:34

FAQ: H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card

Question

I am currently on an H-1B visa. I am planning to start a business with my brother who is a US citizen and needs some guidance.

1) Until the business is operational and generating revenue, can I just be a partner in the company without doing any work visa application with it?

2) Can I have more than a 50% share in that company? If so, would that impact anyhow my H-1B with the current company?

3) In the future, if I want to file for concurrent or full-time H-1b through the new company, is it difficult to get it approved if my brother and I are the partners of the company?

4) Once I am on an H-1B visa in this new company, can the company file for my green card in the EB-1 or EB-2 category?

5) Does the company need to meet any specific conditions before sponsoring for H-1B and Employee-Based Green Card such as being E-Verified or having at least few citizens before hiring non-citizens?

Answer

Video URL

 

Monday, February 5, 2024 - 02:16

The path for an entrepreneur from STEM OPT or H-1B

Question

I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.

1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?

2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?

3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?

Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?

 

Answer

Video URL

Tuesday, January 23, 2024 - 02:07

Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

Question

I entered the US to complete my Masters on an F-1 visa in 2018, I got my H1B visa approved in Oct 2022. I was planning to go for a green card through the EB2 NIW route. I have a few questions, which are as follows:

1. Suppose that I got EB2 NIW approved and I am waiting in queue for a green card, but I went back to India and worked in India (employer may or may not be related to the US). Can I collect my GC whenever the priority date becomes current?

2. Suppose that I have already applied for an EB2 NIW visa but then I build my profile and want to apply for an EB1 visa, can I do that?

3. When can I start my business/startup during the EB2 NIW application process? or Do I need to wait until the visa is approved to start a business?

4. When can my wife start working on an H4 visa? Is it during the EB2 NIW application process? Does she need to wait until the visa is approved?

 

Answer

Video URL

Tuesday, August 1, 2023 - 23:50

Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140

Question

I have an EB3 I-140-based EAD currently. If I set up a software firm for myself, can I sponsor EB2 or EB1 I-140 for myself? The main reason why I want to sponsor myself is I would not be under the constant fear that my employer may withdraw my I-140 for one or other reason. I will be able to work for myself. Is there any rule that stops me from filing an employment-based immigration petition for myself?

 

Answer

Video URL

Wednesday, July 19, 2023 - 23:56

EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA

Question

I started working in the USA at my current company as a technical engineer, and they sponsored my GC application under the EB2 category. Recently, I was promoted to a manager position where I now oversee a team of 10 individuals. I'm wondering if I qualify to apply for a GC under the EB1 category based on my managerial role.

What are the available avenues to pursue a GC under EB1 as a manager in my current situation?

 

Answer

Video URL

Monday, January 23, 2023 - 04:31

Concerns about EB-1C Green Card Portability

Question

How does EB-1C portability work?

I also have a question about the EB1C portability of the priority date. Say, If I have I-140 approved under EB1C and have a particular priority date. For some reason, if I need to or want to change employers and I do not qualify for EB1C with other employers. My new employer can file I-140 under EB-2, or I can file EB-2 NIW myself. I have both options. The question is whether I can use the priority date of the earlier approved I-140 petition under EB1C to the new employer's EB-2 petition and file AOS.
 

Answer

Video URL

Thursday, November 3, 2022 - 05:14

Options if employment-based I-485 is denied?

Question

1. My I-485 was filed in August 2022. Priority Date: 2014. Lost a job. H-1B withdrawn and offer is canceled. Current H-1B remaining till January 2023. If I-485 is denied do I have to leave the country? Can I work for the remaining 5 months?

2. After retrogression, can I transfer H-1B?
 

Answer

Video URL

Friday, June 17, 2022 - 02:23

I-485 interfiling to use EB-2 instead of EB-3 with a new employer

Question

I'm an Indian national living in the USA.

1) Employer A filed I-140 (EB2) which got approved with a PD: AUG-2014.
2) I switched jobs from A to Employer B.
2. a) Employer B concurrently filed I-140(EB3) and I-485/765/131. This wasn't a downgrade from EB2 to EB3. This I-140 also got approved and able to port PD: AUG-2014. Also I-765/131 got approved. But I never used them.
3)I switched jobs from B to Employer C.
3. a) Employer C only filed H1B and I-485J.

Currently, with Employer C and my EB2 final action date became current(As per the June visa bulletin). Now I technically have tw
o approved 140s(One in EB2 and the other in EB3)

Questions:
1) Can employer C do a I-485 interfiling to use I-140 (EB2) instead EB3?
2) Since my PD became current in EB2, What would be the best option for me so that I get my 485 adjudicated sooner and get the GC.

Answer

Video URL

Friday, June 17, 2022 - 02:18

EB-3 to EB-2 interfiling after using Advance Parole. Reverting back to EB-3 if needed

Question

I have a question about Interfiling my GC case. My Priority Date (Aug 2014) is current in the June Visa Bulletin. I'm planning to go to India this month and return back next month. While coming back I will use my AP for POE and also My wife is already using EAD and AP.

1) Can I interfile if I use AP for entering the USA?
2) Can I go back to EB3 if the EB2 date is retrogressive?

Answer

Video URL

Friday, February 25, 2022 - 02:00

Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions

Question

I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:

1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?

2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?

 

Answer

Video URL

Thursday, December 16, 2021 - 06:44

Qualifications for EB-1 Multinational Executives and Managers in a small company

Question

I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team.  Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.

 

Answer

Video URL

 

Tuesday, November 16, 2021 - 06:55

Impact of subordinate employees outside the U.S. or in third countries on L-1A and EB-1 petitions

Question

I was on L-1A and later switched to H-4 EAD 3 years back (working with the same Indian multinational company for 15+ years). I manage a large team here in the USA, and some of my reportees are in the U.K. Since the H-4 EAD extension is taking time, my company plans to move me to Canada for one year. As per the plan, I will be back to the USA on an L-1A visa, and then the company will file for my green card in the EB-1C category. I don't have any team in Canada, and I will mainly manage the same U.S. and U.K. team from Canada.

 

Answer

Video URL

 

Monday, June 14, 2021 - 06:17

Qualifying for an “Einstein” Green Card

Question

According to the criteria you have listed on in the article, I can satisfy 7 of the 10 points. So how could I apply? Where to start and where to go?
 

 

Answer

You should certainly get your resume evaluated. Note that merely qualifying for the 3 out of 10 categories does not automatically qualify you. That is just the preliminary step. There is also an overall review of your qualifications to ensure that you indeed are one of the top few members of your profession.

 

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-all-you-need-to-know-about-the-current-situation-for-f-1-and-j-1-visas/articleshow/83171279.cms

Friday, June 4, 2021 - 06:46

Einstein Visa (EB1-A category)

Question

I am currently a postdoctoral scholar in the USA. However, I thought one needed a permanent tenure-track position to qualify for the EB-1 visa category. Is that not so?

Answer

The Einstein visa (EB1-A category) is different from the outstanding researcher or professor (EB-1B)
category. A job offer is not necessary for an EB1-A petition.

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-all-you-need-to-know-about-the-current-situation-for-f-1-and-j-1-visas/articleshow/83171279.cms

Friday, June 4, 2021 - 06:43

Einstein Visa Category

Question

I read your article on the Einstein visa category. I am a foreign-trained Medical Doctor. I have an article that was published in a scientific magazine. Do you think l will qualify for this visa category?
 

Answer

Publishing a single article is unlikely to be even close to qualifying, unless the article has been published in an extremely high impact journal.

 

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-all-you-need-to-know-about-the-current-situation-for-f-1-and-j-1-visas/articleshow/83171279.cms

Friday, June 4, 2021 - 06:31

Einstein Visa

Question

How can I apply for the Einstein visa?

Answer

We would highly recommend that you have your resume evaluated by a competent lawyer. That would be the natural first step towards the process.

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-all-you-need-to-know-about-the-current-situation-for-f-1-and-j-1-visas/articleshow/83171279.cms

 

Wednesday, August 26, 2020 - 08:26

Going to school while I-485 is pending

Question

My I 485 priority date is Feb 2018 (EB1B) and I am expecting as per current trend to receive my green card by December. I have greencard EAD valid until June 2021.

However, I have enrolled for Fall 2020 semester in MIT to pursue a one year MS degree in System Design and Management. I am sponsored by my employer and I will be paid as a fulltime employee during this period. I will be writing a research thesis on a topic related to my company.

On receiving green card, Do I need to discontinue my degree in between and immediately return to my previous position as a fulltime researcher in the company for which my greencard was filed?
I

Answer

Watch the Video on this FAQ:

Going to school while I-485 is pending

Video Transcript:

In my view, there are no repercussions because there is a reason you are not joining immediately. As this is a very special circumstance, I would suggest you talk to your lawyer. FAQ in detail...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Wednesday, July 29, 2020 - 10:48

How can I qualify for EB-1C/International Managers or Executives

Question

I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july.<br>

1.What is my success rate of getting L1A<br>
2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA<br>
3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.

Answer

Watch the Video on this FAQ:

How can I qualify for EB-1C/International Managers or Executives

 

Video Transcript

1. Please discuss your job description that is intended in the foreign country outside USA with your lawyers. Make sure you plan for it from day one because if you try to plan for it a year down the line you won't succeed.

2. You can apply an EB-1C and then transfer the priority date from another case. No problem EB-2 and EB-3 can be transferred over. You can come on L-1A. You should definitely at least get your EB-1C started as quickly as possible that my opinion.

3. There is no visa ban in starting the application.

FAQ in detail...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Tuesday, April 21, 2020 - 01:39

Effect of take over on L-1

Question

I am a Manager of a resourcing company in India working for more than 2 years in the same company. Recently, a US company acquired us. Can the US company apply a L1A visa for me and subsequently a green card in EB1-C category?

Answer

Watch the Video on this FAQ: Effect of take over on L-1


Video Transcript:

The answer is Yes. Remember that the relationship between the companies acquired, acquiring branch and parent does not have to be one year old, only your work for a member of  that group of companies must be one year outside the USA. FAQ in detail...




Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Thursday, March 12, 2020 - 01:39

Time of stay and definition of a manager/executive employee for L-1A and EB-1C

Question

I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?

Answer

Video URL

 

Wednesday, July 10, 2019 - 07:54

Downgrading from EB-2 to EB-3

Question

My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.

Answer

Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

Video Transcript

I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Tuesday, November 20, 2018 - 04:13

How Can I Downgrade from EB-2 to EB-3 and Consequences

Question

I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?

Answer

Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences

Video Transcript

If we have an EB-2 approved I-140 we apply for an EB-3 approval on the same form or you can file EB-3 I-140 and I-485 concurrently if the dates are current. If you file a I-485 that is prematurely filed when the priority date of EB-2 is not current, if EB-3 is denied on which basis you had filed the I-485 then the I-485 will also be denied. I would want your lawyers to review your case very carefully. Make sure that you don't have any other issues. If the second EB-3 filing gets denied it should not have any impact on the already approved I-140 unless the second filing reveals some problem with the case that was not addressed earlier. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Wednesday, October 3, 2018 - 10:26

Porting Priority Date from EB-2 to EB-1

Question

My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?

Answer

 

Video URL

 

Tuesday, March 27, 2018 - 12:05

EB-1C for Functional Managers - Overseas Team Inclusion

Question

I had few questions on EB1C filing;
- I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India.
- I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project.<br>
1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members<br>
2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc.<br>
3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?

Answer

Watch the Video on this FAQ: EB-1C for functional managers - overseas team inclusion

Video Transcript

There are two kinds of managers or executives - somebody who manages a function an essential and critical function of the corporation even though they don't manage any staff they would be considered a manager. No corporation can survive without a good pricing structure. It is a critical function of an organisation in the services business. There is another kind of manager which is a people manager, so if you are managing a team of twenty five software engineers they have to be professional employees. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Monday, March 5, 2018 - 10:15

EB1-A

Question

I'm on H1B visa for very long time working for Company A. I have founded a start-up company B while in H1B, and invested in it to launch 4 free Apps in the market. My spouse is having H4 EAD, and I hired her as Director to oversee the business, bank account etc. These Apps are very innovative and globally received lot of recognition. Now I have plenty of Media reports based on my Apps. I also wrote Innovative Articles that are accepted by Science and Engineering Journals about these inventions. I have 4+ qualifying criterias for EB1-A. So far I can confirm that I never made a $ out of these Apps or from my investment.<br>

Am I eligible for EB1-A, as I would like to make more more innovative and problem solving Apps, that would create jobs in the market.

Answer

EB-1A category requires a two-step analysis: quantitative and qualitative. In the quantitative analysis you must meet 3/10 requirements, or equipment. In the qualitative analysis, which is performed after that, your resume, in an overview, should look like that of a person who is one of the top people in your profession. 

Thursday, December 14, 2017 - 02:55

Filing EB-1C, International Managers or Executives Green Card

Question

I entered the US in 2014 on L1A, then changed employer mid-2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?

Answer

Watch the Video on this FAQ: Filing EB-1C, International Managers or Executives green card

Video Transcript

No, because EB-1C category depends upon the relationship between the companies the one that you used to work for outside the USA and the one that you are that is applying for you in the United States. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Thursday, October 12, 2017 - 08:31

Current Immigration/Visa Options for Entrepreneurs

Question

What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?

Answer

Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

Video Transcript

A few options for Entrepreneurial Visas:

You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. More ...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Tuesday, September 19, 2017 - 01:21

Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians

Question

We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. <br>

1) Is this true?<br>

2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?

Answer

True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Green card through EB-5 category continues to be an option for a specific category of investors,  who have the money ($500,000 pr $1M) to invest. Under the US Constitution, the government cannot make laws that change vested rights retroactively. Therefore, if you have already invested and filed your EB-5 papers, I don't see why you need to worry about subsequent changes in the law.

Everyone with a running business outside the United States should seriously consider first the EB-1C category, which is considerably more attractive than EB-5 for several reasons. EB- 1C does not require a specific amount of investment, it requires instead only a business in the United States that is a subsidiary, branch, parent or affiliate of a foreign corporation transferring an executive or a managerial level employee to the United States. The managerial or executive employee receives an L-1A visa within a few weeks and can get a green card within a few months.

Thursday, July 27, 2017 - 05:27

Can a Green Card be Started on F-1 Status?

Question

I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?

Answer

Watch Video on this FAQ: Can a green card be started on F-1 status?

Video Transcript

For people who are born in backed up countries where the priority dates are extremely backed up like India, China, Philippines, Mexico its dangerous to start a green card because F-1 status does not allow you to have immigrant intent whereas statuses like H-1, H-4, L-1, L-2, O-1 etc... allow you to have a dual intent. TN doesn't allow one to have a dual intent, so when you are in these kind of statuses where the dual intent is not permitted and you file a green card you run the risk of having trouble in getting any kinds of extensions, visa stamping or reentry into the U.S. But if you are born in a country like Saudi Arabia, Pakistan or Nepal or anywhere in Europe where these dates are not backed up then sometimes it is possible to get the whole green card wrapped in EB-1, EB-2 or EB-3 category within a year. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Sunday, May 21, 2017 - 23:00

Filing green card through multiple categories or employers and/or family simultaneously

Question

1. Can we file multiple green cards together? If yes what will be the side effect? <br>
2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card?<br>
3. Should job description match in EB-1 and EB-2?<br>
4. What may all possible issues occur?

Answer

Watch the Video on this FAQ: Filing green card through multiple categories or employers and/or family simultaneously

Video Transcript

1. The answer is yes. You can file green cards through as many categories as you want to. Both employment as well as a mixture of employment and family or investment. Any number of green cards can be filed as long as they are being filed honestly.

2. I don't see why not. 

3. It doesn't have to.

4. It all depends on the facts of each case but at least theoretically it is possible. More...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

 

Tuesday, March 14, 2017 - 05:21

F-1 Student Directly Filing for a Green Card

Question

I am currently working as a research fellow on F-1 OPT and my employer is considering filing for EB-1. My question is, can the transition be done from F-1 OPT to EB-1 and in case my application does not go through can I come back to renew my F-1 status to continue a Ph.D. in the future?

Answer

There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.

Monday, August 15, 2016 - 06:41

EB-1C Green Card For International Manager Or Executive

Question

I am with one of the Indian MNC and I am working as Program Manager for last 4 years (L1-A). I would like to apply EB-1 GC through a future employer.
What is the timeline and chances to approve ?

Answer

EB-1C green card can be applied only through an employer that is a member of your the group of companies that you are currently working for on L-1A. To apply through an unrelated company, you will need to go through EB-2 or EB-3 categories.

Tuesday, July 26, 2016 - 06:51

EB-1A Directly from India and Green Card

Question

I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members.
One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition).<br>
My questions are:<br>
1. Is there a category of Visa as EB1-A?<br>
2. If so, is there a possibility for self - petition? i.e. without an employer?<br>
3. If I file EB1-A, what is the waiting period? Approximate is adequate.<br>
4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card?<br>
5. If I apply for Green card on an EB1 A, how long generally with it take?<br>

Answer

1.  Yes.  See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-

2.  Yes, self petition is possible under EB-1A.

3.  Usually, it takes appx a year for the whole process.

4.  EB-1A IS a green card category.  Nothing else is needed.

5.  See 3 and 4.

Monday, January 11, 2016 - 07:23

The Proposed I-140 EAD Rule - FAQ's

Question

Answer

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Answer: Your observation about EAD/AP is correct- no easier. I will be surprised if USCIS changes these proposed rules in any significant manner when they finalize.

Question 3: If I have consumed my 6 years of H-1B and I have approved I-140. If I go to India and of some reason I got stuck in India. After a while I want some other employer to file my H-1B petition other then with approved I-140 employer. Do the new employer can apply for my new H1b cap exempt petition based on approved i-140 from my old employer. OR New H-1B petition from the new employer comes under H-1 cap count?

Answer: You have raised two separate issues. One, the I-140 can be used to extend your H-1 through ANY employer, if it is not withdrawn within 180 days of approval. Two, you are exempt from H-1 cap if your H-1 was approved any time within the last 6 years.

Question 4: Is there any provision for promotions internally within a company that filed the petition and the I-140 is approved more than 180 days previously?

Answer: These regs will only clarify (I am not sure they really do that) what "same or similar" jobs are. That concept is crucial when your I-140 has been approved and I-485 has been pending 180 days. At that time, you can accept a same or similar job anywhere, including within the same company, and NOT have to start your green card all over again. That comes under the topic of AC21 portability.

Question 5: Is direct portability of I-140 across multiple employers, ever possible. because I-140 is a property of the Employer and not the Employee (unlike 1-485) ?.Can we suggest any other creative options, of working around this legal hurdle. a. Can PERM be made portable across multiple employers. So employees donot have to go through the hassle of the PERM filing, repeatedly. This will save, almost 4 months of pre PERM filing effort and another 8-10 months of PERM processing window.

b. Or, can the I 140 be made an Employee’s property after 180 days it is approved. If that can be done then portability of the same may be legally possible across different Employers

Answer: The Priority date IS the "property" of the employee, NOT of the employer. So, an employee can port it to any job, anywhere, any number of times. But, I do not think they are excusing us from having to refile the PERM.

Question 6: Does the 60 day grace period is accepted in this case; H-1 Ext filed before expiry of I-94, then Current H-1 and I-94 expired, then H-1 Ext denied. Can we use 60 day grace period for filing new H-1 with new employer? In what cases does this 10 day validity before and after petition dates is used. The 60-day grace period appears to apply only in those cases where an approved H-1 employment abruptly comes to an end. The proposed regs say, upto 60 days may be given: "on the basis of the cessation of the employment on which the alien’s classification was based".

Answer: The 10 days allow you enter (but, not work) upto 10 days before the date your "validity period" (approval of petition) begins, and another 10 days to leave the USA (but, not work), after that period ends.

Question 7: Emp A - I-140 Approved and Moved to Emp B. Got i-140 with Emp B and priority date retained. submitted Emp A Experience letter while fling PERM. Now I want to move to Emp C. Do I still need to get experience letter from Emp B? If I am not able to get experience letter from Emp B, Can Emp C file PERM. if so and filed new PERM and I-140 with Emp C, Can I still retain priority date even though if its not same or similar job?

Answer: There are two fundamental principles that you need to apply to your case:

1. Priority date transfer does NOT require that your jobs must be same or similar.

2. Experience letters are NOT required for priority date transfer or retention. 

Question 8: Now that it is clear that there is almost nothing much in the so called reform, how can the immigrant community represent themselves forcefully, while the public comment period is in place? I understand that each one of us can go and put our comments, but is your firm, or someone else, planning to represent us? For lack of proper words, these so called reforms are a piece of trash, and only done to pretend as if reforms are taking place. It could not be worse actually. 

Answer: There is a limit on what USCIS can do without action from the Congress. You can certainly write your comments and several organizations will place their comments on the record as well. NORMALLY, USCIS does not change the rules much once they have been proposed. I think US immigration policy in "skilled" immigration is distressingly short-sighted. Our adopted country does not recognize the value brought in by us.

Question 9: My I-140 already withdrawn/revoked after 180 days of initial approval date. Now after implements new rule, will it apply for my case to extend my H-1 beyond 6 years?

Answer: I cannot say for sure whether USCIS intends to apply these rules retroactively. I hope they do. 

Question 10: Can you comment on what date will this become effective ? Is it after the comment period is over?

Answer: The effective date is unpredictable. Usually, it is a few months after the comments are over. 

Question 11: I need to clarify regarding the I-140 EAD for H-4. If the principal applicant has I-140 approved but the priority date for that category and country in the visa bulletin is more than 10 years back, Can the dependents, such as H-4, apply for I-140 EAD without the documentation for compelling evidence? If no, what are the examples of compelling evidence?I think the regulation does very little incremental for the EB categories. As mentioned, it provides clarification rather than provide more flexibility to the household or family of EB categories. I am disappointed with the revisions that have been made.Also, the compelling evidence was not required till now. What happens to those H-4 EADs which were issued since USCIS started applications from May 27, 2015? How would those H-4 EADs which are approved on the basis of I-140 approval of principal applicant be dissolved?Also, if the spouse moves from H-4 to H-4 EAD. Can he/she move from H-4 EAD to H-1B or any other non-immigrant category? Does the form I-539 allows movement among all categories?

Answer: H-4 EAD does NOT require compelling evidence. That is a different rule: http://www.immigration.com/blogs/form-i-140-form-i-765/h-4-ead-rule-cont...

I-594 does allow movement between all categories. H-4 to H-1 is definitely no problem. I agree; I am not too thrilled with the regs. But there is a limit to what Pres. Obama can do, folks. 

Monday, June 29, 2015 - 09:03

Green card through a future job

Question

I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?

Answer

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

https://youtu.be/PreNUXXW9KU

FAQ Transcript:

There are only two things.

1. “I” the employee has the good faith intention in taking that job. You may never have to join that job but you should have the good faith intention to take up that job when the green card comes through. You may never have to do it but you should have the intention.

2. The employer must have the same good faith intention of hiring you sometime in the future. What is that time within a commercially reasonable period after you get your green card or any time before that?

 Let’s say you get your green card approval today the future employer should hire you within 3,4 5 months. That is the commercial reasonable period. 

So applying for a green card through a future job - can it be done and the answer is "yes" it is allowed. The employer should have ability to pay wages and that is an important thing. Other than that all that is needed is good faith intention on part of the employer and employee to give and take the job.

Monday, March 30, 2015 - 00:12

Considerations for AC21 job portability

Question

My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -<br>
(1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?<br>
(2) Do you advise to change using EAD or transferring H-1B? <br>
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

Answer

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

https://youtu.be/GtOqgqgEG6I?t=242

FAQ Transcript

Very important issue is Job portability. Today the way it works is an AC 21 portability was basically enacted by Congress back in October 2000 under a law called American Competitiveness in the 21st Century Act, the kind of abbreviation or acronym for AC21. What does it mean? If you’re I-140 is approved and your I-485 is pending whether it was filed with the I-140 or after I-140 approval. If it has been pending 180 days, you may change employers to any same or similar job anywhere in the United States and you will not have to do your Green Card again. So basically you can port your job over as long as it is same or similar. Tricky problem, what is same or similar? No one knows. If you are a software engineer and you remain as software engineer in the next job then same or similar. If you are a software engineer and you become IT manager in next job then not sure same or similar job.

This is where Obama steps in and he says look I will make it clear for the record that natural progression in a job does not take away from being a job same or similar that's the first thing President Obama wants to do and hopefully they will implement really quickly. So, natural progression is considered to be same or similar. Second thing President Obama wants to do is to let you file I-485 without the priority date becoming current. So that means you will earn a right for AC-21 almost a year- year and half, two years into your Green Card process which is very good. Right now if you are India born or China born you could have to wait minimum years to earn that right. So that's in a nut shell what AC-21 is.

Further down somebody was asking a question today: Do we have to inform USCIS?

Interesting thing is that there really is no formal process for implementing in AC-21 transfer over, job portability. Basically, you are not required to file a letter but we usually have employees, people, individual in that situation, file a letter and inform USCIS. Because USCIS is prone to making mistakes, sometimes if the old employer revokes your I-140, if you are an AC-21 eligible individual it does not make any difference if the employer revokes the I-140 as long as you cross the 180 days deadline. Even if they revoke you are entitled to AC-21. But the problem is USCIS sometimes is not aware of the new laws especially the less trained officers. They could revoke your I-485 and send you notice. Next thing is you are running around and trying to solve this problem and if the AC-21 is revoked you are immediately unlawfully present, you cannot work and work is debatable. Let’s just say you are unlawfully present, it’s just a whole lot of mess that should be avoided and that's why I also advice people to keep their H-1 active. So AC-21 letter should be sent.

Another question asked is should I hire a lawyer?

Please do not do this yourself, many things I OK with people doing by themselves you may be ok and you may be get through it. But this is not worth taking chance as downside is too terrible so get a lawyer don't do it by yourself.

Now the question before me

My I-485 (based on EB-1B) is pending more than 180 days. If I decide to change jobs under AC 21 rule -

1. Does the new job description be same as by definition of Eb-1B or should it match my current job description based on which I applied for GC in EB-1B?

Answer:  Current job description. If you are trying to take advantage of EB-1 portability or AC-21 portability your job description should be same or similar in relation to job description is already being filed.

2. Do you advise to change using EAD or transferring H1-B?

Answer:  I told you H-1 is better; keep your H-1B alive.

3. Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

Answer:  Yes if you have good opportunity. We have done thousands of AC-21 in last few years and we never had an issue as long as job is same or similar you should be fine.

 

 

 

Thursday, January 15, 2015 - 15:59

Changing Jobs During Green Card

Question

I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?

Answer

 

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

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

In this scenario we have employment based people who are good workers, very skilled people and they have a lot of trouble changing jobs or advancing in their careers because technically while the green card is going on even if you take up a promotion you could end up losing your current green card and have to start all over again - at least part of the process. So this is not a good thing. 

Keeping in view with the current law what Obama had said on November 21st about his plan and finally what this bill (Immigration Innovation Act) says. 

First of all under the current law if you change your employers before your I-140 approval is obtained you will lose everything. You have to start all over again. That means if you are a EB-1 based candidate your I-140 must be approved. If you are an EB-2 or EB-3 based upon the labor certification your perm application must be approved and then you’re I-140 must be approved. Remember I-140 can be filed by premium processing. So you got to get your I-140 approved very quickly. Generally speaking if you move before I-140 is approved you get nothing. If you move after I-140 is approved but before I- 485 is filed you keep your priority date and you keep the right to extend H-1 beyond six years as long as the I-140 is not revoked. This is an important concept to remember. You keep your priority date - that means when you go to the next employer you will have to start the green card all over again but your priority date will be the date the first case was filed which again is a very big advantage. The priority date is capped but here is an additional provision. if your priority dates are current and you have filed I-485 with the old employer, after 180 days of the I-485 pendency and the I-140 approval you can take any job anywhere with any employer and be able to carry the same green card forward without having to redo any work. so before I-140 you get nothing, after I-140 and before I-485 you get your priority date and the right to extend your H-1 beyond 6 years and after I-140 approval plus I-485 filing 180 days thereafter you get the right to keep your green card even if you take a slight promotion with another employer or move to an entirely different employer as long as the jobs are same or similar. 

President Obama said normally applicant can only file the last step - the I-485 if the priority date is current. He said he would change that by allowing the applicant to file I-485 along with the I-140 no matter where the priority dates are. This is a big advantage. That means technically just roughly speaking once you start your green card process through PERM in a year and half you could be free to join any employer – proximately or two years at the most as long as you  maintain the job category you are in. President Obama also said he is going to make it clear that advancement in career is considered to be same or similar job so that your green card will not be disturbed. And that idea has been very welcomed. Combine that with the Immigration Innovation Act you could be getting your green card much earlier than 3, 4, 5....10 years that you are waiting for right now. So all these things combined are very good signs for people in a situation such as the query above. If you have not yet got your I-140 approved and you are far from that stage it’s ok as long as you don’t have H-1 problems. If you are about to get the I-140 approved then get it approved. If you have H-1 issues beyond six years make sure the second H-1 is approved before you change employers. Once the H-1 is approved for 3 more years even if the old employer revokes the I-140 they cannot take your right to the H-1 you already got. You can start another green card and protect yourself.

Wednesday, October 22, 2014 - 04:58

EB-1C (Multinational Manager) Eligibility and Clarifications

Question

I joined an IT company B abroad and worked for 1 year (Dec' 10 - Dec' 11). I came to US on H-1B (Dec' 11) and am still working with company A (it is the parent company of company B). In both cases I played the role of a manager.<br>

1) Am I eligible for EB-1C (Multinational manager)?<br>
2) In my case since I'm still with the parent company, does the 3 yrs start from the first time I came to US (Dec' 11) or will be from the current time (Oct' 14)?
3) Do software engineers (graduated in engineering) reporting to me qualify as professionals (EB-1C qualifying criteria for managerial role)? If not, what qualifies my role in the IT company as managerial and eligible for EB-1C?<br>
4) What evidences are required from me / the employer to confirm my qualification for EB-1C and also makes it a strong case?
<br>

Answer

Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply. Engineers qualify as professionals. As to the last point about good evidence, let your lawyers worry about it. I cannot write a meaningful answer. 

Thursday, May 22, 2014 - 05:39

Do I Qualify for EB-1

Question

I got my Ph.D. (biochemistry and molecular biology) and I have 3+ years of post-doctoral experience. I have 4 publications (3 lead author) in human pathogenic research. Could you please comment on my eligibility for EB-1 or NIW.

Answer

My best GUESS is probably not. While NIW/EB-1 should not be a numbers game: how many publications, how many citations..., but it often ends up like that. Given that if you had one publication in a premier journal like Science, that would could count a lot more than 5 or 10 publications in a lower impact factor journal.

Wednesday, March 5, 2014 - 09:30

GC in L1-A Visa

Question

I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me. <br>
My Questions:<br>
1. How long I need to wait to initiate the GC process?<br>
2. Do I have a choice of selecting the type - EB-1 vs EB-2?<br>
3. I don't have bachelors or masters degree. Will that be a barrier for applying GC?<br>
4. Should I apply ONLY through my employer or can I apply myself

Answer

1. You can apply for green card without any wait.
2. Yes, but EB-1 is a gazillion times faster for Indian-born people.
3. Degree is not a requirement for international managers/execs.
4. Your employer needs to apply. 

Wednesday, August 14, 2013 - 10:31

Employment Based Self Application

Question

1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow.

2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.

Answer

1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

Do note, if a set of new immigration laws gets passed, all this could change. To keep track of developments in the pending immigration law reform, follow this link: http://www.immigration.com/comprehen...on-reform-2013

Review these links:
EB-1A: http://www.immigration.com/greencard...international-

National INterest Waiver: http://www.immigration.com/greencard...terest-waivers

EB-5 Investment: http://www.immigration.com/greencard...ent-green-card

Wednesday, April 17, 2013 - 03:55

Contacting USCIS when EB-3 is Changed to EB-2

Question

How do I contact the USCIS Service Centers to inform that a priority date is current, that an EB case has been upgraded from EB-3 to EB-2, or that dependents have been separated from the principal applicant’s petition?

Answer

Send an email to the Nebraska Service Center at NCSCfollowup.NSC@dhs.gov or the Texas Service Center at TSC.NCSCfollowup@uscis.dhs.gov.  Make sure to include the Case Number and A# of the beneficiary(s).  If applicable, attached scans of any notices for the USCIS to reference.

Tuesday, March 5, 2013 - 01:11

L-1A to EB-1

Question

I am on L-1A (been about 4 years) from company A and in closing stages of getting a very good offer from company B. Both A & B are global corporations. For company A, I oversee business across continents (Both North America & Latin America). Company B is very keen on having me on board.
1. What are all the possible options on visa front so that I can join company B?

2. What is the quickest option that can help me get on to company B?

3. If I want GC, can company B file for it when am still on payroll of company A - if so, can it be EB-1?

Answer

Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).

Wednesday, February 27, 2013 - 02:19

L-1A Visa and Green Card Application

Question

What is the chance for a L-1A visa holder of 9 years experience (2 years in USA) to qualify for a EB-1 category. Catch here is the original company which provided the L-1A visa will not apply for GC. Can I apply for GC myself in EB-1 category?

Answer

You or any company not a part of the L-1A employer cannot apply for green card based upon your international manager/executive status.

Friday, December 21, 2012 - 02:12

Premium Processing not available to multi-national executives and managers

Question

Why is Premium Processing not available to multi-national executives and managers? To exclude this group of aliens seems arbitrary and counter-intuitive.

Answer

USCIS has not yet finalized the system and has not announced when it will begin.

Wednesday, December 5, 2012 - 01:42

Premium Processing for EB-1-3

Question

Has USCIS provided an update on premium processing for EB-1-3 multinational managers and executives. At the AILA conference in Nashville, it was reported that it would be available by the end of the fiscal year.

Answer

USCIS does not anticipate expanding Premium Processing Service to include EB-1-3 multinational executives and managers for the foreseeable future.

Friday, March 23, 2012 - 04:14

L-1 A to Greencard

Question

I work for company A for the last 7 years. I have been a manager with the same company for 5+ years. I am now in US for past 1 year on L-1 A Blanket visa. My current employer is not agreeing to file my GC. Some one told me that the scenario listed below is possible.
Scenario: Identify a new employer who is ready to sponsor my GC. Since GC is about future permanent employment, that employer can directly file my EB1. I can join the new employer once my EAD comes through. Is this possible?

Answer

Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.

Monday, June 13, 2011 - 06:57

L-1A holders trying for EB-1

Question

I have 6 years experience with the same company with 4 years experience in US itself. I am on L1A visa and I have only a 4 year Bachelor Computer Science engineering degree. What GC category will I fall under?

Answer

L-1A holders should try under EB1. You could be done in a year.

Monday, May 30, 2011 - 23:30

Green card for L1-B or L1-A holders

Question

I currently have a L1-B visa and I'd like to know if the company where I work(a Brazilian company where I did work for 2 years, one of them in a managerial position before coming to the U.S in 2009) could apply to change my status from L1-B to L1-A at the same time as filing my GC application.
The company is a giant in Brazil with 600 employees but we are still starting the operations in the U.S and I'm the only employee here.

Answer

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

Friday, May 27, 2011 - 10:33

EB-1: 1 year in 3 years preceding the petition

Question

I have been with the same company for 4 years as a manager (overall industry experience 11 years today). I joined the company in India, stayed there for 1.5 years, moved to US 2.5 years back. I read that "1 year employment outside the USA should be in the 3 years preceding the petition". All of my 12 months does not fall into the last 3 years. What are my chances of qualifying for EB-1?

Answer

There may be an exemption if you continued working with a related company ever since you came to USA.

Wednesday, February 2, 2011 - 03:10

EB-1 for a visual artist

Question

I am a visual artist and have the master degree in art. I exhibited in several countries including US , Canada , Greece etc..33 Years old..Worked as an assistant professor in Germany duration 1 year. Can I apply for EB-1?

Answer

That by itself may not be enough. You need to have evidence of sustained national/international acclaim.

Thursday, September 2, 2010 - 02:20

EB1 - stay requirements

Question

Is there any rule that necessitates an EB1 Green Card holder to stay for a certain number of days in the USA every year? I travel frequently to various parts of the world for concerts or professional business. Will this impact on my Green Card status in anyway? I still file my taxes in the USA though.

Answer

All green card holders are required to make USA their permanent home. Otherwise, their green card can be taken away. Look into the option of reentry permit.

Thursday, September 2, 2010 - 02:18

EB 1 approvals

Question

I am Physician turned Business man in Pharmaceutical business feild with outstanding acheivements and almost 8 international and national awards in recognition of my contributions in the feild of business. I live outside of USA and got my EB1 approved in 21days time in Dec 09. I am looking forward to Consular process now. However, it is taking so long and I applied for I-824 now requesting USCIS to forward the copy of EB1 Approvals to NVC for consular processing. I would like to know how long it might take for me to obtain my Green Card and start living in the United States.

Answer

Typically, anywhere from 5-6 months to a year.

Thursday, June 24, 2010 - 00:02

L1A to EB1 from outside USA

Question

I have completed 6.5 yrs in L1A in managerial role. Now the same employer wants me to stay outside of USA for few months.
1)Can we apply EB1 while being outside USA?
2)Do we have to apply for L1 A extn for remaining 6 months of 7 yrs while applying for EB1?
3)Can a new employer sponsor L1A and apply for EB1 while entering the country?

Answer

EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.

Wednesday, June 16, 2010 - 03:48

Chances of L1A to EB1

Question

What is the chance for a L1A visa holder of 7 years to qualify for a EB1 category. Catch here is the original company which provided the L1A visa will not apply for GC. If the person moves to another company on H1 Visa can the new company file for GC under EB1 based on the previous 7 years of L1A status .

Answer

No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.

Monday, April 5, 2010 - 08:28

EB-1 Visa Processing for medical doctors

Question

I am working towards filing under EB-1 green card, currently on H-1B. Is there a certain number of publications in peer reviewed journals, presentations at international meetings that would make the application more likely to go through than not?

Answer

Number of publications, impact factor of journals and number of citations - that is what they look at these days.

Wednesday, March 24, 2010 - 04:27

Outstanding researcher

Question

I'm a researcher at a university and I will probably try to apply for EB1, Outstanding Researcher. I'm currently on an H-1 (since Oct. 2007). Are there certain stages in the process in which I won't be able to travel outside the US?

Answer

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

Friday, November 6, 2009 - 01:11

EB1 Extraordinary ability

Question

I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Answer

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

Wednesday, October 28, 2009 - 07:49

Considering EB-1 application (research)

Question

I have been working as part of a research group in a bank over the last 4 years. I am a ranked research analyst on wall street and My work has been quoted in popular media, our research has been uploaded to government organisation webpages and have been referenced by government officials. I have also published 50+ articles over the last 2 yrs. The catch is that I may be moving from a research role to a trading role (my primary function will not be research). What do you think my changes are for EB-1 (b) and would this change totally eliminate me from applying?

Answer

There are two ways to approach this: Extraordinary ability alien (where the position need not be connected with research) and Outstanding Researcher, if you intend to go back to research upon approval of your green card.

Wednesday, October 28, 2009 - 03:23

If my company applies EB1

Question

If my company applies EB1 this month (Aug, 09), and everything goes well, by when should I expect my green card? What are the disadvantages of applying under EB1?

Answer

Too many variables. IF the priority dates remain current AND IF USCIS follows its average processing times and IF you file I-140 premium processing concurrently with your I-485, you MAY get green card approval within one year. I see no disadvantage.

Thursday, October 15, 2009 - 03:41

I was married 9 years ago, getting divorced - EB1

Question

I was married 9 years ago and am now getting divorced. My wife’s green card was granted on the basis of my EB1 filing. To ensure that her GC remains valid, is there a period of time that we need to wait after the GC approval date before filing for divorce? If there’s no such requirement, is it okay to state that we separated over a year ago (prior to the GC approval) on the divorce papers?

Answer

First rule of all immigration filings is to state the truth. As to how they will view separation, I do not know if there is any specific law on this out there. My GUESS is, separation is NOT divorce. There can always be reconciliation. Hence, she should be permitted to keep her green card.

Wednesday, October 14, 2009 - 07:44

EB-1 derivative green card delayed

Question

My company filed an EB1 in 2005 for me; my wife was part of the same filing. I received my Green Card in April 06 but my wife’s application is still pending. We contact the USCIS every 6 month and each time they send a standard letter telling us to check back in 6 months. Actually, one time the letter said check back in 3 months but the last letter went back to the normal 6 months. She went for fingerprinting in 2006 and 2007 but we have not received any requests since then. Is there anything that we can do?

Answer

Contact your Congressman. See the suggestions on this page: http://www.immigration.com/issues-relating-delays-various-immigration-ma...

Friday, October 9, 2009 - 04:20

L-1B applying for green card

Question

My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months

Answer

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Friday, October 9, 2009 - 04:08

Is employment required for EB1 extraordinary ability applicants?

Question

Does a person with EB1 Extraordinary Ability category I 140 approved , require employment letter during I-485 filing ?

Answer

The short answer is no, but it helps. An offer of employment helps to show that you will continue to work in your own field and that you can support yourself and your dependents (if any).

Wednesday, October 7, 2009 - 07:48

Investment based green cards

Question

I want to know whether our federal bank (reserve bank of India) is allowing this US $500,000.00 for investment in U.S.A. Then I will ask some more questions like whether it is easiest way to get green card and whether our money is safe in investment (in the regional projects) and the total expenses upto green card release level (apart from us$500,000.00)

Answer

We practice US laws so I have no idea about RBI permissions. Safety of money is not guaranteed in any of the trusts that I know of. After all, this is an investment, not a fixed deposit or a CD in a bank. For businessmen with established businesses, L-1A and then EB1 is usually the better option.

Tuesday, September 1, 2009 - 04:56

Obtaining H-1 Extension beyond 6 years

Question

My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.

Answer

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
- for PERM cases - the date it is received by the DOL; and

-EB-1 and National Interest Waiver cases; when the I-140 is officially filed with CIS.

Second, if your I-140 has been approved but you cannot file I-485 because your priority date has retrogressed, you can get H-1 extensions (most probably) in chunks of three years each time.

You are permitted to apply for an extension 6 months ahead of time, as long a you meet one of the above two criteria on the requested start date of H-1.

Thursday, May 21, 2009 - 06:58

L-1B applying for green card

Question

My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months

Answer

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Monday, April 13, 2009 - 01:00

Criteria for Outstanding Researcher/Professor Category

Question

Answer

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.
We can seek an exception if the applicant has acquired the degree, and if the teaching duties included full responsibilities for the courses taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. 8 CFR
204.5(I)(3)(ii).

8 CFR 204.5(I)(3)(I) requires that the applicant must demonstrate that they are recognized internationally in their academic
field by presenting evidence that meets at least two of the following six documentation categories:

1. Receipt of major prizes or awards for outstanding achievement in the academic field;
2. Membership in associations in the academic field for which the classification is sought which require outstanding achievement
of their members;
3. Published material in professional publications written by others about the alien's work in the academic field;
4. Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or
an allied academic field;
5. Evidence of the individual's original scientific or scholarly research contributions to the academic field; and
6. Evidence of the alien's authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

Note that professors who qualify for this category through job offers for tenure-track positions will not lose their green card if they fail to reach tenure

Wednesday, March 11, 2009 - 01:00

Pointers for EB1/NIW filings

Question

Answer

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.

Note: These comments have no application to physicians filing NIW through under served areas.

Tuesday, November 18, 2008 - 01:00

Filing EB1 while EB2 AOS is pending

Question

Answer

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.
 

Ans.a) Currently, there is no premium processing for this type of cases.

Ans.b) No. We should be able to use the same 485.

Ans.c) The answer to that depends upon two main factors: whether or not you have a "permanent" job and whether or not we have a strong enough resume for the higher category. Generally speaking, if we have a permanent job, I shoot for the lower category where the approval is more likely. Just send an email to Leslie for us to talk more about this issue. Email her your resume also.

 

Tuesday, June 17, 2008 - 01:00

Basic Criteria for Extraordinary Ability

Question

What is the basic criteria for extraordinary ability?

Answer

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.