I did my BSc (3 years) in Computer Science From St Xaviers Mumbai. Then I did my MCA ( 3 years ) from REC Trichy. I have 7 years of work experience and all those years have been in IT industry.My company is going to file my GC for me. Am I eligible for EB2 category?
Yes, you are eligible for EB-2.
I am married to a U.S. born citizen we just got married, is there a problem if I apply for the visa right after marriage? Do I have to leave the U.S? How long will it take to receive the visa?
I see no reason to wait. Bear in mind, if consulate receives your I-130 approval, they will not issue a K-3. They will ask you to wait for your green card.
If you are from El Salvador, Honduras or Nicaragua and have successfully re-registered for TPS, you should be aware that new Employment Authorization Documents (EADs) may not be issued until early November 2010.
While awaiting your new EAD, you may provide your existing EAD as proof of employment authorization. You may also provide your employer with a copy of your country’s most recent Federal Register notice announcing the TPS 18-month extension and the 6-month auto-extension of EADs.
I am a British citizen with Canadian permenant residency. The US office of my company (I work out of the canadian office) wants me to move to the USA to work on a L1. My wife (canadian) and 2 children (canadian/british) would move with me.I am concerned about 2 things, the first being what happens if I leave the company or get laid off? It's a huge issue since we would have uprooted a good life in canada. Secondly I am not completely sure about the company. Its a new employer and they seem to be pressuring me to make the move. I am worried that they could simply lay me off whenever they want which would cause turmoil if we had to move back and start again.
I am not sure it is worth the risk, either. You have no right to continue to live in USA if the company fails or lays you off. You can negotiate a large severance package, but that is all the protection you can get.
I am a foreign dentist with US degree MHA, employed with a dental company as dental tech (DT) under H1B. In 5 months I was moved internally to a Clinical reserach coordinator position. However, my visa was still DT position even after 3 yrs but doing a totally different job. It is time to renew my H1B visa and again they have renewed H1b as DT since the company lawyer said it is risky to renew the H1B under another title as this may be subject to approval. Can this cause any problem for me? I want to apply for my greencard, but because of the title I am still under DT I fall under EB-3.
You have no choice. When the job changes substantially, you are REQUIRED by law to file an H-1 amendment. Any lawyer/employer who advises you differently is breaking the law.
I graduated from a 4 yr US BSChE program and a 2yr MS ChE program and have been working on an H-1B for the same U.S. University as a Research Associate for 2 yrs.All my publications (2-3) are still pending and I am secondary on most of them.What requirements would the position I am promoted to need in order for me to qualify for the EB-2?
You qualify for EB-2, of course, whether or not a promotion is required is entirely up to your lawyer and the employer to determine. Any position that requires an MS OR BS = 5 years experience (progressively responsible) qualifies for EB-2 filing.
My wife filed for Skilled worker (EB-3(A)(i)). Can I apply for NIV to visit her?
There is nothing in law that stops you from getting an NIV. But grant of visas like B-1/B-2 is completely discretionary.
Number 26
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Had a question about my I-485 approval and how to proceed forward with naturalization. Mr. Khanna was really helpful. After the consultation he let me ask follow up questions over the mail without any extra charge. Of various immigration attorneys I have spoken to over past five years, Mr. Khanna has been my favorite. Not only does he know the law but he cares about his clients.
On August 13, 2010, President Obama signed Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. The following Questions and Answers provide public guidance concerning the additional fees.
Q1. What is Public Law 111-230?
A1. Signed by President Obama on August 13, 2010, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.
The Department has posted new Frequently Asked Questions (FAQs) addressing employer point of contact requirements. To view PERM Round 12 FAQs, please check attachment.
The White House
Office of the Press Secretary
For Immediate Release October 08, 2010
Presidential Determination
No. 2011-2
MEMORANDUM FOR THE SECRETARY OF STATE
SUBJECT: Fiscal Year 2011 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Pursuant to Sections 207 and 101(a)(42), Respectively, of the Immigration and Nationality Act, and Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act, as Amended
Could entering the Diversity Visa Lottery have an adverse effect on a future application for an E3 visa?
No, I do not believe it would have any affect.
If both of my parents apply for the green card lottery and one is successful and gets the green card, but they do not use it to move to the US, would I (I'm not married) be eligible to get a green card and move to the US?, or would my parents have to move to the US on the green card for me to be eligible to get one?
I do not see how you can move without them. They would be the primary applicants for the DV.
I have B.Tech in Engineering from India. I have over 13 years of experience in IT.I am working as IT architect.My company is ready to process my GC.Am I eligible for EB2?
Assuming BTech is a 4-year degree, it looks like you are eligible for EB-2.
I have B1/B2 visitor visa and I am planning to visit USA. I also have job offer from one of the company in USA. They are asking me to come on visit visa and then they will apply for my work visa (H1) while staying in USA. Should I accept their offer and travel with my spouse and children?
This could be viewed as fraud by the government.
I am an internet marketing professional and I had H1B visa for the period of 2007-2009. I visited US 3 times ( 7-15 days each) but for some reason I did not join job there. Meanwhile I registered a LLC there for my business and running a small business for last year.I am internet marketing professional and i had H1B visa for the period of 2007-2009. I visited US 3 times ( 7-15 days each) but for this or that reason i did not join job there. Meanwhile I registered a LLC there for my business and running a small business for last year.
Now I have to attend a conference and set up things for the business. This time I want to go with my wife and 2 year old kid. Which visa would you suggest?
B-1/B-2 seems to be the correct visa.
I entered the US with my mom in 2005. I was underage then. My visa B1/B2/BCC expires in Oct of 2010 and my permit I-94 expired in December of 2007. I am now 20 years old and I am married to the love of my life and he is a US citizen. I want to know what I can do. What files and forms will I need?
You should be able to get your green card. Do not travel outside USA until you do. I would suggest getting a lawyer.
I am currently on my H1B extension and my employer filed a petition,I-140 under EB3 category which was approved. I cannot file for an adjustment of status at the moment so if my H1 B visa expires before I can file for the AOS in that case does my employer have to file for an extension for H1b or is it the EAD. I am confused if they are two diffrent things or one and the same. Please advise.
EAD and H-1 are two different things. You will get your EAD only after you file the 485.
According to DOL updates as of 9/30/2010, they are working on PERM application filed in the following months.
Please check the link to know more about the O and P visa Reissuance in London embassy.
My H-1B visa extension and my children's H-4 too were denied due to my two former lawyers' lack of expertise on immigration matters.Then, my Labor certification was denied too. Two of my children eventually had to go home when they reached 21 because of this. I thought my youngest son and I were going to go home too,until my employer contacted Atty Khanna and his associates.They are the best because they were able to fix ad refile everything. We recently received our green card. Everything they did was so organized and very meticulous, making no mistakes.I would highly recommend them to anyone.
Attorney Khanna and his staff are very meticulous and posess the skills to handle anykind of roadblocks that come across during the process of immigration filing. I filed my permanent residency application under EB-1A category through them and got an approval. Diane was extremely helpful and diligent in answering questions and seeking appropriate information from me throught out the process. I was amazed how quickly she got acclimated to the research work i was doing and provided excellent guidance in obtaining required letters and other information. I am thankful to them for their efforts and highly recommend their services.