Applied Green card (family) while on H-1B

Question details

1. I came to the US on H-1B in November 2007. My sister is a citizen of this country and she applied for a green card for me (and my dependents) in the F4 category in 2009. I also came here in 2006 for 2 months on B1. I have never overstayed on my Visa. Is this fine or will it be a problem? We also mentioned my A#, SSN etc..on the I-130.

2. During the H1b process, I missed mentioning my sisters name on DS 156 (question 37). This is a question on the form to disclose if anyone in the family is a US citizen. Will this create an issue? On the I-130 form, in the proofs, my name was not on the birth certificate (date of birth, parents name etc..all match with my sisters birth certificate).However, after filing the form I-130, we worked with the government agencies in India to get it corrected.Is there a way we can send the updated birth certificate to USCIS or should we just wait?

1. I see no issue in applying for a family based or employment based green card while on H-1.


2.  If the omission of your sister's name was unintentional, I do not see it becoming an issue. Regarding birth certificate, you may want to contact the customer service. Normally, CIS is reluctant to accept later changes. But you should be able to overcome any problems they raise.

Waiting for PR

Question details

My husband has a greencard, and I came to US after marriage on L1 visa, my I94 expires on 09/2010. My husband is waiting for his citizenship in 2011 to file for 130 and 1-485. Can I still do AOS staying here in 2011 or do I need to go for consular processing.

A green card holder's spouse has no status while waiting for their priority date to become current. You should maintain your L-1 status.

ETA's Prevailing Wage Determination Policy Guidance

The publication of the H2B regulation in December 2008 and the corresponding changes to PERM, H1B, H1B1, H1C and E3 regulations governing temporary professional, nonagricultural or registered nursing programs changed the roles of the SWAs and NPCs in the prevailing wage determination process and necessitated the issuance of policy and procedural guidance to be used by the National Prevailing Wage and Helpdesk Center (NPWHC).

USCIS Grants One-Time Accommodation for Sheepherders in H-2A Status

U.S. Citizenship and Immigration Services (USCIS) announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency’s final rule that became effective on Jan. 17, 2009.  USCIS is making the one-time accommodation in deference to the industry’s prior exemption from the 3-year limitation.  This exemption does not impact other H-2A categories.

TSA Guidance for Passengers on Heightened Security Measures in Place Following Dec. 25 Incident

On Dec. 25, 2009, an individual on board Northwest Airlines Flight 253 set off a device and was subdued by passengers and crew. TSA wishes to acknowledge the heroic efforts of those individuals.

As a result of this incident, TSA has worked with airline and law enforcement authorities, as well as federal, state, local, and international partners to put additional security measures in place to ensure aviation security remains strong. Passengers traveling domestically and internationally to U.S. destinations may notice additional screening measures.

Adoption Notice Re: Guatemala

Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.

Adoption Notice Re: Cambodia Ratifies New Adoption Law; Adoptions Pending Implementation Have Been Suspended

On December 3, 2009 new laws intended to create a thorough nationwide child welfare system and an intercountry adoption procedure in conformance with The Hague Intercountry Adoption Convention were implemented in Cambodia. However, the processing of adoption petitions for Cambodia was still suspended on December 21, 2009 due to concerns relating to fraud, lack of legal framework, and lack of safeguards in Cambodia to protect children’s best interests.  USCIS remains unable to approve any Form I-600.

State Dept. Proposes Rule on Exchange Visitor Program Secondary School Students

[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Proposed Rules]
[Page 68200-68208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de09-23]

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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice: 6853]

RIN 1400-AC56

Exchange Visitor Program--Secondary School Students

AGENCY: Department of State.

ACTION: Proposed rule with request for comment.

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