Reentry Permit and N-470

Any lawful permanent resident (LPR) or a conditional resident (CR) must present an admission document like special immigrant visa (obtained at consulate abroad), green card or reentry permit upon entry to the U.S. after their temporary trip abroad. In the absence of such document he/she is considered inadmissible. If the LPR or CR seeks admission to the U.S. after more than one year since her departure from USA, the green card may not be sufficient to allow them back into the United States.

Green Card

Immigration Law

Citizenship and Naturalization

National Interest Waiver (NIW) Filing When Priority Date is Not Current

Question details

I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job.
1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously?
2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?
3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?

Video URL
FAQ Transcript

1. No because the dates are not current. If your country of birth is India you cannot file them together.

2. No because you can't get I-485 filed.

3. Remember NIW is not bound to a particular job except for physicians. Doctors are different, but NIW for non physician employment is not tied to a particular position you can change jobs as many times as you like as long as you are still working in the area of 'intrinsic merit'  which is the basis of your filing. 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Effect of Salary Variations During L-1A Visa

Question details

I came here on L1A. At the time of petition, my offer letter from my employer had a salary of $120K annually. This is $10,000 monthly. I want to know if running my payroll for less money will affect my GC process which I am planning to apply next year. Considering following situations, Will it affect my GC process which I am planning to apply after 1 year from my arrival date? 1) If my payroll is run for lesser salary e.g. in the range of $6000 to $8000? 2) If my payroll is run with (salary + bonus) to make it a total of $10,000/month (120K annually). For example salary = $6000/month and bonus = $4000/month

Video URL
FAQ Transcript

Video Transcript

Ideally, you should be paid what is indicated on the L-1 paperwork, but there's certainly no law that I can point to that mandates that result. It is just a general sense of uneasiness because it could go into eligibility. Also, if your payroll is run with salary plus bonus I think then you should be ok although I haven't researched this issue. Have your lawyers look into it.

​​​​​​​Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

When Does One Become H-1B Cap Exempt?

Question details

I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?

Video URL
FAQ Transcript

The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.

If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the quota.

 

EB-5 Investment Green Card Services and Fees

The fee schedule for EB-5 Direct Investment (fees are payable by personal or corporate checks) is as follows:

1. Legal Fees (for our Office):

$15,000 payable as follows for preparing I-526 Immigrant Petition: $10,000 at the commencement and the second installment of $5000 on the 1st  day of the following month.
For preparing I-485 Adjustment of Status: $3000 for main applicant and $1200 for each dependent.

Green Card

EB-4 Religious Workers Services and Fees

The fee schedule for EB-4 (fees are payable by personal or corporate checks)is as follows:

 1. Legal Fees (for our Office):

$5,800 ($4,600 at the commencement of the case and
$1,200 at the time of the preparation of I-485)

 2.

Filing Fees (to the USCIS): Single Applicant

Forms I-360, I-485, See USCIS Fee Calculator

3.

Federal Express Expenses: approximately $300 -$400

Green Card

EB-3 (Schedule A) Physical Therapists Services and Fees

The fee schedule for EB-3 (Schedule A) Physical Therapists (fees are payable by personal or corporate checks) is as follows:

 1. Legal Fees (for our Office):

$5,800 ($4,600 at the commencement of the case and
$1,200 at the time of the preparation of I-485).

2.

Filing Fees (to the USCIS): Single Applicant

Profession/Occupation