Is a transfer possible from a cap-exempt to cap H-1B?
It is possible. You will have to follow the April-October time frame, except where you apply for concurrent cap employment to run together with your cap-exempt employment.
On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States without a visa, who are in the process of seeking immigrant visas to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews. USCIS will begin accepting provisional unlawful presence waivers on March 4th, 2013.
The Cambodian government has indicated that it intends to begin accepting intercountry adoption petitions on Jan. 1, 2013. Cambodia joined the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague Adoption Convention) on Aug. 1, 2007.
Released: Jan. 2, 2013
Contact: DHS Press Office, (202) 282-8010
What degrees qualify for EB-2?
In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:
1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.
Is any action required when an I-140 sponsoring employer undergoes acquisition, merger, or restructuring?
If the I-140 petition is still pending, then USCIS needs to be notified in writing of the change. If the I-140 is already approved, then an amendment needs to be filed by the successor-in-interest petitioner. Note that the successor-in-interest petitioner must take over the rights and liabilities of the earlier petitioner, including the immigration matters.
When there are multiple I-140 approvals, how do you link the appropriate approval to the pending I-485 petition?
If an I-485 is already pending, a newly approved I-140 can be linked to it by sending a written request to the USCIS. Include all information and relevant copies to clearly explain the transfer of the I- 485 petition to a different I-140 approval.
My H-1B status will expire the last week of January 2013. I cannot file my petition for an extension until after January 1, 2013. Will that be too late to file an extension?
A petition is considered to be timely filed as long as it reaches USCIS prior to the expiration of your current H-1B status.
Can I change from J-1 to O-1 without meeting the home residency requirement or getting a waiver?
You can apply for the O-1 category and, upon receipt of the approval notice, you will be required to obtain the O-1 Visa at a U.S. consulate abroad.
USCIS releases guidance memo on EB-5 cases involving Tenant-Occupancy.
Please check the attached guidance memo for detail information.