Guestbook Entry for Prateek Rishi, United States
Name
Prateek Rishi
Country
United States
State
NY
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Student Visa Overview
Student Visa Overview
The U.S. provides several nonimmigrant visa categories for persons wishing to study in the United States.
Profession/Occupation
EB-4 Religious Workers
Eligibility and Filing
To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States. You must have been a member of this religious denomination for at minimum two years before applying for admission to the United States. Furthermore, you must be entering the United States to work:
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As a minister or priest of the religious denomination;
Green Card
C, D Visas Processing times and status checks
Links to useful resources for Visa processing times and status checks.
Nonimmigrant Visas
B Visa Overview
The B visa category applies to citizens of foreign countries who wish to visit the United States for a temporary period. There are two types of B visas: B-1 (for business) and B-2 (for pleasure or medical treatment). A B-1 visa would be issued for an individual desiring to enter the U.S. to consult with business associates; attend a scientific, educational, professional or business convention or conference; settle an estate; or negotiate a contract. A B-2 visa would be issued for an individual wishing to enter the U.S.
Nonimmigrant Visas
EB-2 Advanced Degrees & Experience
EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability
The following persons fall under this category:
Green Card
EB-3 Bachelor's Degree, Skilled, Unskilled Workers
EB-3 Overview
EB-3 Classification is appropriate for:
Professionals with a baccalaureate degree (or foreign equivalent degree but not necessarily any experience);
Skilled Workers with at minimum two years of experience (there is no degree requirement); and
Unskilled Workers who have less than two years of training or experience.
Green Card
K Visa Overview
Introduction - K-1/K-2 Status
The K-1 Fiancé (e) Visa allows foreign nationals, potential spouses of United States Citizens to enter the United States for the sole purpose of marriage.
The marriage between the foreign national and United States citizen must take place within ninety (90) days of entry into the United States. It should be noted that the actual visa expiration is insignificant as long as a foreign national has complied with the terms of the visa.
In order to be eligible for K-1 status, a foreign national must provide proof that:
Nonimmigrant Visas
AAO Processing Times
AAO Processing Times as of March 01, 2010.
DOL Releases H-2A Briefing Materials
The Office of Foreign Labor Certification and the Wage and Hour Division have conducted 3 public briefings to advise stakeholders of the contents of the new H-2A Final Rule, which will be effective March 15, 2010. For the materials used in the briefings, click here.
Marriage Based Petition
Question details
1. I am a GC holder for a year. I got married in dec of 2008 to a foriegn national and need to know when to file the I-130 for my wife. I do not have any tax returns as yet since i did not gain employement till 2009. I need to know the best way to tackle getting my wife over. If i send the I-130 in how soon will i need to provide financial documents like tax returns and other statements of support. Or will it be ideal for me to hold on till i have at least one years tax return as i would prefer not to be the cause of any processing delays.
2.As a follow up to the question 1, as advised by you I have gone ahead and submitted forms I-130/G-325A. The check for the applications has been cashed, but I would like to know what the next step is or how best to follow up on this.
1. I think you should file ASAP. You can get a co-sponsor and show all other assets you have.
2. For basic information call the USCIS customer service. Your local Congressman can help in the follow up.
F1 and OPT Expired but 60 days not up
Question details
I have a Bachelors degree and a Masters degree from the US. My EAD from my masters degree recently expired and the 60 days is almost up. I dont want to go back to school or go back to my home country. If i do find an employer willing to file for a green card based on EB2, will have to go back to school to maintain my status while the green card is in process or will my status change once the paper work is turned in?
This is a common misunderstanding. Starting a PERM-based green card does not give you the right to stay in USA.
How much more do I have to wait for my green card
Question details
On April of 1997 my dad as a citizen put in application for my sisters and I and we were accepted the same year on July 1997 but we have not heard anything else after the last correspondense we recieved in 2001. just wondering why it has taken so long for our green card to arrive or any notice what we are to wait any longer and how much longer. Can you please let me know what we should do?
There are too many unknowns in your situation for me to be able to answer. First, you need to check and see if your priority date (the date your I-130 was filed) is current. You do that by reviewing the most recent Visa Bulletin - http://www.immigration.com/visa-bulletin. If your PD is current, then you can start checking with the govt.
Marriage Immigration - Impact of divorce
Question details
I got married in November 2008 and my husband received his green card through our marriage (I am a US citizen) After a few months our marriage didn't work out and we are thinking about a divorce. Can he loose his green card if we get divorced?
The rule is, if the marriage was entered into in good faith, the condition on the green card should be removed even if the marriage fell apart.
USCIS Revises Filing Instructions for Form I-824, Application for Action on an Approved Application or Petition
U.S. Citizenship and Immigration Services (USCIS) announced an addition to the recently posted filing instructions for the Application for Action on an Approved Application or Petition, Form I-824. The revised instructions include a note in the “Where to File” section, to clarify that applicants who are filing Form I-824 concurrently with another form, should mail their applications according to the filing instructions on the other form.
L1B
Question details
In your knowledge, how long does it usually take to obtain a green card (through dual intent)with an L1B visa?
The time taken for L-1B holder who applies through PERM is the same as for anyone else from the country you were born in. No special case here, unless yo convert to L-1A and go through EB-1.
I Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
K-1 Visa AOS
Question details
My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?
I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.
File I-485 while J-1 waiver is pending
Question details
I am currently in the US under the VWP which expires March 15. I was about to apply for a marriage-based GC but I just found out that I am subject to 2-years HRR. I applied for a waiver (no objection). A lawyer told me today that I should still file the I-485 and just leave the question "subject to" blank or check "yes" and add "waiver pending". Is that going to work? I don't want to overstay the VWP. How many days does it usually take to find out that I-485 submission got accepted and I can legally overstay the VWP?
To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.
Pending I-485 and marraige
Question details
Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days),
Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?
If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.
USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010
U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.
Leave US for job outside USA
Question details
If you leave USA for job outside USA before using 6 years of H visa and work for 1 year, does the H1B clock reset for another 6 years and what happens to unused period of H visa?
After one year abroad, you have 6 more years. The unused portion is ignored.
All Readers, I quote from my latest msg. to Mr. Rajiv Khanna's office. Please make yourself more aware on your issues by visiting his web-site (and positively contributing to it) and get advice from his office for your particular needs. All cases are NOT the same. Quote Dear Mr Khanna I barely get time to go to your web-site, though I know it is an ocean of information for all those awaiting their immigration process at some stage or the other. Today I happened to spend an hour there and learnt that your Office had done me good!! I live in an area which lacks Indian neighbors and in my Office too, I am the only Indian working in my whole division! Therefore, there is seldom any interaction with people who are at a similar stage as me in the Immigration process. When my I-140 was filed, your Legal Assistant Nimia Aranibar informed me of the CP option. Though I might have surprised her with my lack of knowledge on this process, she explained the process to me and answered my doubts. And she did as I opted for. No suggestions or implications or other discussion. She was very professional in giving me the information and in answering my questions on the issue. She even understood my concerns with the CP process and offered to clarify my doubts and suggested the recourse to this choice if I needed a recourse at a later date. After reading the chat-site on your web-site, I now realise that the lady was giving me good information at the right time. There are so many people on the web who feel have been un-informed of this process. I, on the contrary, have got the right information from your office and am very happy about this. Thank you and best regards Prateek Rishi Nimia, reading in copy, thank you very much for the time taken to explain me the two processes.