The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.
Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?
In a welcome move, US government is showing some understanding of the economic benefits of business and employment-based immigration.
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas have outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.
There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue
This week, we have received an Oustanding Researcher approval in one day. I hope and wish we could see more of this lacrity in USCIS adjudications. Details of the case are here:
http://www.immigration.com/sample-ca...proved-one-day
The following FAQ should cover the issues.
Q. I am a US Citizen. My parents (or spouse/spouse-to-be) are in USA on visitors visa. Can I apply for their green card? How does it all work?
I had my interview back in November, at the Buffalo (NY) DO. It was so quick we were in and out of the office within 10- 15 mins. We had a very nice woman officer.
She asked us to swear the oath, she asked us 3 questions and wanted to see our utility bills.
Once she had photocopied them, she came back in the room and said my GC had been approved. She said i should recieve it within 2 weeks, which i did.
Hope everyone's GC interview could be so quick and easy.
Category: IR5 (parents)
Interview Date: Feb 2009
Consulate: Chennai, India
Jan 28, 2009: Called panel doctor Vijayalakshmi and fixed an appointment for Jan 31st, 11 AM.
30th Jan 2009:
Reached Lister Labs at 6:30 AM and no one was there. Security opened the gate and gave us the first token. We were out by 8:30 AM. Collected Sealed envelope at 4:30 PM. X-Ray, blood test cost: Rs 810.
31st Jan 2009:
We had our interview today and our case was APPROVED! It was fairly easy and straight forward interview.
We checked in at 8:45 AM for our 9:15 AM appointment. We were called in couple of minutes before 9:15 AM, pretty good!
Just wanted to update everyone and say we had our interview this morning, scheduled for 8 AM in Atlanta. We got there at 7.55, checked in at 7.59 and were called at 8.02. Interview was all done in 10 minutes and we were out of the building at 8.15.
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
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I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. 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/comprehensive-immigration-reform
COMMENTS FROM IMMIGRATION.COM
Q. Now that I received my GC through employment, does my employer need to change my position to the one filed in the Labor Certification?
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.
Regards to all. Rajiv.