Immigration.com

USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

14 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) announced  that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010.  Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000.  Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.

Pending I-485 and marraige

14 years ago By Chief Editor
Question details

Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days),
Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?

If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.

File I-485 while J-1 waiver is pending

14 years ago By Chief Editor
Question details

I am currently in the US under the VWP which expires March 15. I was about to apply for a marriage-based GC but I just found out that I am subject to 2-years HRR. I applied for a waiver (no objection). A lawyer told me today that I should still file the I-485 and just leave the question "subject to" blank or check "yes" and add "waiver pending". Is that going to work? I don't want to overstay the VWP. How many days does it usually take to find out that I-485 submission got accepted and I can legally overstay the VWP?

To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.

K-1 Visa AOS

14 years ago By Chief Editor
Question details

My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?

I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.

L1B

14 years ago By Chief Editor
Question details

In your knowledge, how long does it usually take to obtain a green card (through dual intent)with an L1B visa?

The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.

USCIS Revises Filing Instructions for Form I-824, Application for Action on an Approved Application or Petition

14 years ago By Editor

 U.S. Citizenship and Immigration Services (USCIS) announced an addition to the recently posted filing instructions for the Application for Action on an Approved Application or Petition, Form I-824.   The revised instructions include a note in the “Where to File” section, to clarify that applicants who are filing Form I-824 concurrently with another form, should mail their applications according to the filing instructions on the other form.

Marriage Immigration - Impact of divorce

14 years ago By Chief Editor
Question details

I got married in November 2008 and my husband received his green card through our marriage (I am a US citizen) After a few months our marriage didn't work out and we are thinking about a divorce. Can he loose his green card if we get divorced?

The rule is, if the marriage was entered into in good faith, the condition on the green card should be removed even if the marriage fell apart.

How much more do I have to wait for my green card

14 years ago By Chief Editor
Question details

On April of 1997 my dad as a citizen put in application for my sisters and I and we were accepted the same year on July 1997 but we have not heard anything else after the last correspondense we recieved in 2001. just wondering why it has taken so long for our green card to arrive or any notice what we are to wait any longer and how much longer. Can you please let me know what we should do?

There are too many unknowns in your situation for me to be able to answer. First, you need to check and see if your priority date (the date your I-130 was filed) is current. You do that by reviewing the most recent Visa Bulletin - http://www.immigration.com/visa-bulletin. If your PD is current, then you can start checking with the govt.

F1 and OPT Expired but 60 days not up

14 years ago By Chief Editor
Question details

I have a Bachelors degree and a Masters degree from the US. My EAD from my masters degree recently expired and the 60 days is almost up. I dont want to go back to school or go back to my home country. If i do find an employer willing to file for a green card based on EB2, will have to go back to school to maintain my status while the green card is in process or will my status change once the paper work is turned in?

This is a common misunderstanding. Starting a PERM-based green card does not give you the right to stay in USA.

Subscribe to
Law Offices of Rajiv S. Khanna, PC
5225 Wilson Blvd, Arlington, VA 22205
110 W. Johnson St, Suite 213, Staunton, VA 24401

Copyright ©1993-2025, Law Offices of Rajiv S. Khanna, PC. All rights reserved.
IMMIGRATION.COM is a registered trademark of Law Offices of Rajiv S. Khanna, P.C.