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Applying for green card while on a B-1 or B-2 visa

15 years ago By Chief Editor

Question details

1) 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?

2) My parents' I-130 application is currently pending. They are currently living in their home country, India. Can they visit me during the pendency of the green card application?

3) Is it better to apply for adjustment of status or consular processing for the last step of their green card?

4) Updated FAQ - My parent came to US with B1 visa and they are still here. But the visa were expired several years ago. Now I am a citizen, I wonder if I can still apply for green card for them. Could I apply by myself or need to consult with a lawyer?

A1. There is nothing that stops you from applying for their green card. Note also that the same answer applies to children and spouse of a US citizens. But it does NOT apply to brothers/sisters.

There is just one issue. It is INAPPROPRIATE (may be even illegal) for a person to enter USA on a tourist or other similar visa if they have the intent to apply for a green card. BUT, if they enter USA without that intent, and after a few days of entry change their mind, that is perfectly appropriate and legal.

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AC21 - accepting a green card

15 years ago By Chief Editor

Question details

1) After getting the GC through a sponsoring employer, is there any procedure to indicate that the future job is accepted by the employee. I mean switching from H1B to GC status is just based on letting the employer know about the status or is there any paperwork needed to be sent to USCIS?

2) Also, based on getting a green card, is there a stringent requirement of payroll checks? This is based on the fact that H1B employees have to maintain the payroll constantly (based on my knowledge). I am asking this in case I want to take a vacation for some time in case I get my GC?

3) After joining the sponsoring employer, if on GC, more opportunities come by, is it allright to consider those opportunities? What is the timeframe for USCIS to consider that the employee did have the right intent to join the sponsoring employer?

A1) There is no formal procedure other than joining, preparing a Form I-9, being on the payroll and actually working.

A2) You can behave like you would in any other permanent job - take vacations, etc.

A3) That question has been answered on my blog. See http://forums.immigration.com/blog.php?b=36

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Special Mailing Addresses for Form I-907 (Request for Premium Processing Service)

15 years ago By Editor

Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice for the primary form.

When E-Filing Form I-907, Request for Premium Processing Service, by itself or concurrently with any other form, please send the associated Supporting Documentation to the appropriate address.

For address please check attachment:

USCIS Updates H-1B and H-2B Quota Count for Fiscal Year 2010

15 years ago By Editor

As of August 14, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

USCIS has received 8,974 H-2B petitions for the first half of FY 2010. It has approved 8,183 and 791 are pending.

DHS proposes Safe-Harbor Procedures for Employers Who Receive a No-Match Letter

15 years ago By Editor

[Federal Register: August 19, 2009 (Volume 74, Number 159)]
[Proposed Rules]
[Page 41801-41805]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au09-9]

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Proposed Rules

Federal Register

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ICE Comment Request Regarding Updates to General Counsel Electronic Management System

15 years ago By Editor

[Federal Register: August 19, 2009 (Volume 74, Number 159)]
[Notices]
[Page 41919-41924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au09-75]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0102]

Privacy Act of 1974; U.S. Immigration and Customs Enforcement-003 General Counsel Electronic Management System, System of Records

AGENCY: Privacy Office, DHS.

Occupational Information Network (O*NET) and Job Zone Updates - 08/19/09

15 years ago By Chief Editor

Procedures for O*NET Job Zone Assignment - The Job Zone classification provides O*NET users a guide to the vocational preparation levels (e.g., education, training, and work experience) of O*NET-SOC occupations. For more information on this please visit this link.
http://www.onetcenter.org/reports/JobZoneProcedure.html

USCIS Service Center Processing Times

15 years ago By Editor

This page provides you with the most recent processing times for petitions and applications submitted to the U.S. Citizenship and Immigration Service (USCIS).

USCIS Reminds Eligible Applicants under Ruiz-Diaz to File Adjustment of Status Application before End of August

15 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) reminds special immigrant religious workers, who have a pending or approved Petition for Amerasian, Widow(er), or Special Immigrant, (Form I-360), to file their Application to Register Permanent Residence or Adjust Status, (Form I-485), on or before Aug. 31, 2009. Special immigrant religious workers who wish to file a Form I-360 petition with an I-485 application should also file on or before Aug. 31, 2009.

NBC Updates - 08/17/09

15 years ago By Chief Editor

Procedures at NBC for I-485 applications that require an interview - NBC works as a pre-interview processing center for I-485 applications that require an interview. The center (NBC) also performs an “Initial Evidence Review’ for basic required documents like the birth certificate, I-693, I-864, proof of legal entry and for other documents. A case is “interview ready” once the application is placed under the scheduling queue as soon as NBC completes its pre interview processing steps and verifies the case.

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