H1B Processing

Question details

I have applied for EOS H1B at the end of june but my case still shows as pending processing on USCIS website. However, it looks like several cases filed in July have already been approved. What can I do about this?

Contact customer service of USCIS or convert your case to premium.

DWI and Naturalization

Question details

I was stopped by a police once and received a traffic ticket.I paid the ticket in time but I was not aware that my license was suspended,since the suspension notice was sent to my old address which was never frwded back to me.I was stopped again few months later by police officer and he told me my license was suspended.I appeared in the court.I pleaded guilty,since I was driving w/out insurance.They dropped the "driving without a valid license" charge and fined me $100 for driving without insurance.BMV then suspended my license for 2nd time for 1 yr.Is this a problem filing N-40?

USCIS can question anything that has bearing upon good moral character.

Filling out a DS 160 Non-immigrant visa Form by mistake ...

Question details

My wife needs to transit through a US airport for not more than 5 hours in February 2010 in order to go back to her birth country. However, she filled out by mistake a DS-160 Non-immigrant visa to submit to the US consulate in Vancouver (Canada) because at the US consulate in Vancouver they require DS-160 Forms to be submitted to them. However, she decided to fill out a second form called DS-156 in order to apply to another US consulate in Canada (in Calgary) for the same US transit visa to get an earlier appointment there. What does she has to do now to correct this situation ?

Contact the consulate. If they have not already done so, they will correct the situation upon request.

Occupational Therapist and EB2

Question details

My wife has a Post Professsional degree in OT from a reputed school. However, we are not sure if she qualifies for EB2 processing similar to Physical Therapists. I think she has to file like any other profession and doesnot get special consideration that PTs get. Can you please clarify?

OT's have no special category unlike physical therapists. But EB-2 may be possible. Discuss with her lawyers.

Considering EB-1 application (research)

Question details

I have been working as part of a research group in a bank over the last 4 years. I am a ranked research analyst on wall street and My work has been quoted in popular media, our research has been uploaded to government organisation webpages and have been referenced by government officials. I have also published 50+ articles over the last 2 yrs. The catch is that I may be moving from a research role to a trading role (my primary function will not be research). What do you think my changes are for EB-1 (b) and would this change totally eliminate me from applying?

There are two ways to approach this: Extraordinary ability alien (where the position need not be connected with research) and Outstanding Researcher, if you intend to go back to research upon approval of your green card.

B Visa renewal

Question details

I came back from states in 2003. I had mulitiple b1/b2 visa that was expired in 2006. Now, if I apply again so what are the chances? Can I get multiple visa again?

I see no reason why not.

H1 6th Yr - Labor Approved - NO I-140

Question details

My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?

Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).

Extending H-1B After Staying Outside USA for 365 Days

Question details

If I stay outside the US for 365 days and return back on the same L1/H1B,will it reset the 5/6 year limit for the visa? Let’s say i max-out on L1B in Aug 2009 and have a valid H1B petition from Jan 2010-Dec 2010. If I go out of the US in Aug'09 and return in Sep 2010,when I re-enter and apply for H1B extension, will I get 6 more years on the same H1?(since technically,at that point,i would have already stayed outside US for 365 days and my H1B clock would start over fresh). If No,should I apply for a NEW H1B?If yes,will this new H1 be subject to the 65k cap?

Once you have been outside USA for one year, there are two options. One, be subject to the quota and get 6 years of H-1. Two, if there was any H-1 period left, take the remainder and not be subject to the quota.

F1 Visa Expired on OPT

Question details

I got a 2 year visa for my Masters and my Visa was expired on May 31st 2009, I converted to OPT from June 1st, 2009. I am on OPT and I do have a job now. I got an emergency now to go to India. Is it possible for me to reenter United States.

You will need to get the visa stamping done again.