Immigration.com

Last name in Passport and GC processing

13 years ago By Chief Editor
Question details

I am filing GC for my mother who is in US on visitor visa & her I-94 got extended for another 6 months. She never used her surname on her Indian passport? What should I mention in the last Name on I-130 & rest of the forms (I-485).Should I mention NA or not used or leave them blank?

You have several choices, including "No Last Name Used." If she wishes to use some other name, including adding a last name, now would be a good time to do it.

Concurrent H-1B

13 years ago By Chief Editor
Question details

I am currently on H-1B with a university (cap exempt), working full time (40-hrs/week). An opportunity has come to work part-time for another For-profit institution (not cap exempt), may be for 20 hours or so per week. So my questions are:
Can I apply for a concurrent H1 (For-profit; not cap exempt) whose work load will be additional to my current H1?
Is there a restriction on where the concurrent H-1 sponsor is located in the US?
Does 'Concurrent H-1B' need to go through the yearly quota since it is 'not cap-exempt' in my case?

The last time I checked into this issue, you could apply for a concurrent quota H-1 even though you are currently holding an exempt H-1. Location of the employer is not important, location of the job is.

H-1B after CPT

13 years ago By Chief Editor
Question details

I do not qualify to apply for OPT. I have used my CPT completely by working for my current employer for past 1.5 yrs. They started my H-1B process. My current job (QA Analyst) minimum requirement is Associates degree or 0+ yrs experience. Lawyer came back saying job description should be changed to minimum bachelors or equivalent. I have 16 yrs education from India + MBA from here (April 2011) + 1.5 yrs experience. My employer is not willing to change the job description. Can they ask the lawyer to continue the process with the current job description?

An H-1 can be requested for a job that requires minimally a bachelor's degree. Note that the employer MUST TRUTHFULLY require a degree. If not, you cannot process an H-1.

EB-2 experience

13 years ago By Chief Editor
Question details

I am currently on H1B and have I-140 approved on EB-3 with a PD of Oct 06. I have overall 9 years of experience, which includes 4.5 years outside current employer. However, I had resigned my current employer an year ago and worked for a different company for an year and then joined back my current employer in Aug 2010. Since I haven't been continuously employed with current employer, I am wondering if ALL years prior to Aug 2010 can be considered for EB2 qualification.

Continuous employment is not required, but you can use the experience with the same employer ONLY if the job you used to perform and the job you will perform after the green card are more than 50% different.

Memorandum Of Understanding Between DHS And DOL Concerning Enforcement Activities At Worksites

13 years ago By Editor

This revised memorandum of understanding (MOU) is entered into by the DHS and the DOL. Its purpose to set forth the ways in which the Departments will work together to ensure that their respective civil worksite enforcement activities do not conflict and to advance the mission of each Department. 

USCIS Announces That FY 2012 H-1B Cap Season Is Open

13 years ago By Editor

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

USCIS starts accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

USCIS Reminds Grant Applicants of April 1 Deadline

13 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) reminded potential applicants of the April 1 deadline to apply for funding under the fiscal year (FY) 2011 Citizenship and Integration Grants Program. Organizations must apply electronically by 11:59 p.m. EDT on April 1 using the application package and instructions available at www.grants.gov.

EB-2 Visa Number Availability Update

13 years ago By Editor

The U.S. Department of State's Immigrant Visa Control and Reporting Division, has confirmed a dramatic reduction in the use of EB-1 immigrant visa numbers and the resulting favorable effect on the EB-2 category for immigrant visas chargeable to India.

DOS advised that demand for visa numbers in the EB1 category has declined significantly. Thus, approximately 12,000 unused EB1 numbers will be available to shift downward to the EB2 category, starting in May 2011.

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