When to file for 7th year extension (Timing)?
My 6th year is expiring in Oct2010 and my employer is planning to file PERM in Feb 2010. My questions is
1.Will I be able to file for the 7th yr extension before my 6th yr expires, say in Sep/Oct 2010 (even if my Labor is pending and it hasn't been 365 days yet)?Meaning,can they just go ahead & file for the extension but request for the 7th year to start from Feb 2011 (i.e. 365 day point from the PERMfiling)?Or do I have to actually wait until Feb 2011 to even file for the 7th year extension?
2.If I have to wait til Feb 2011,what start date can my employer request? Oct2010-11 or Feb2010-11?
They can file 6 months ahead of the contemplated start date - as long as one year of PERM filing is over by that date. But you might have some gap where you cannot live or work in USA.
Green Card through marriage
My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.
You could look into a fiancee visa (K-1). It can take a few months.
I-130 for visiting parents
I'm a US Citizen & would like to sponsor GC for my parents who have 2.5 weeks of tourist visa validity. Is it possible in such a short time since you mentioned that they need to have visa validity until the I-130 is approved. Can they apply leave the country and get back?
You will need to file 130 and adjustment of status papers together.
GC for wife - marriage annulled
I applied for GC in February 2005. I was married in October 2007 in India. I got my GC in July 2008 on EB2 category. I never added my wife to GC application after marriage because we had conflicts. She left to India in November 2007. I have got the marriage annulled in USA in December 2007. However did not proceed in Indian court. Now we have reconciled and want to get back together. Since there was no divorce in Indian court can I get a family based GC for her? According to Indian law she is my wife since October 2007. What options do I have to bring her to USA?
As far as I can tell, you are out of luck till you get remarried and naturalized. A legal annullment strikes out the marriage. Whether done here or in India should be irrelevant. But you are so close to natz., this should be no problem.
F-4 Family Category
After completion of the case by NYC, interview date of my sister and family has been scheduled at the US
Embassy at Johannesburg . Can you please let me know as to what type of questions are asked during interview.
will they get visa same day, if everything goes well.
The questions in family-based cases tend to be basic and nothing to prepare for. Usually, the immigrant visa package could take a few days, but I am not certain as to the exact time frame. The consulates are good about responding to emails. Write to them.
H1B-H4-H1B
Recently (2009), I changed my status from H1B to H4. My Employer cancelled the H1B after I changed the status to H4 Visa. I have H1B petition document(I-797) with me.
1)Now Can I use existing H1B with the new employer?
2)Do I fall under quota or I need to file new H1B in this Year quota?
You will be exempt from the quota (assuming your previous employer was a private employer - NOT exempt from quota). The new employer will need to apply for an H-1 again.
Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti
Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti
Introduction
On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens in the process of adopting a child from Haiti.
Travel and citation dates on N-400
I've taken about 60 trips outside of the US since I received my green card in 1988 - while I have exit and entry dates for most of them, for some of them I no longer have the exit dates, only the US entry stamps, and it is possible that I don't have all US entry stamps... same goes for dates of various traffic citations over the decades, minor things like parking, speeding, unsafe stopping, seatbelts - how do you suggest I enter this information on the N-400 form?
The burden of proof is placed on you. USCIS can deny an application where proof is insufficient. For entry/exit, I would recommend an affidavit from you giving the best possible approximation. The tickets - go back into your driving record at the DMV and see what you can pull from there.
I-130 approved,can k3 be filed?
My father(us citizen)petitioned for my mother march09,case approved june09,since then nothing,can he file (k3) for her.
From what I recall, K-3 can be approved at the consulate only until they do not receive official notification of the approval from USCIS. I think it may be too late for your mother. She will probably need to wait for her green card now. That is likely to be quicker than a K-3 at this point, anyway.