Guidance on L Visas and Specialized Knowledge
Reference Document:
STATE 002016, 01/11
I have 3 yr BSc(Computer Science)+ 2 yr MSc(Information Technology)from India and I completed my MSc on May 2003 and I am currently working for my current employer from July 2008 and my job description requires Masters degree + 2 yrs to perform the job. Overall I started my career from Jan 2000 - Till Date. Am I eligible for EB2 please let me know? Also can u explain, will I fall into this category 3 yr bachelors degree + 2 yr masters degree = bachelors degree + 1 year and would require 5 yrs progressive experience to qualify under the EB2?
You could qualify for EB-2 under BS + 5.
I got my H1B approval on 31 Dec 2010, thus my visa status changed from F1 to H1B (I am currently going to grad school and graduating in April 2011). My company wants me to get my visa stamped. I have heard various stories about problems faced in Canada for first time stamping. Is this really an issue? Is there any law which prevents us to get first time stamping done in stamping done in Canada?
H-1B stamping has been made difficult by consulates. There is nothing stopping you from applying in Canada, but your lawyers need to help you decide what is best.
My husband is on H4 with an I94 valid till June 17, 2011 and I am a H1B visa holder with a valid petition document. I am planning to go for a vacation. Will it be a problem if I leave my husband (dependent) in US and go for a vacation and come back in 3 to 4 weeks?
A few weeks absence should create no problems for your dependents.
I have my green card since June 30, 2001 and stayed in the US till December 2003 before leaving for India to attend to my father diagnosed with cancer. I have since been residing in India, visiting the US every 6 months or so to maintain GC. My wife got her citizenship in 2006 since she stayed back here in the US. I would now like to consider applying for citizenship - what is the minimum duration I need to be physically present in the US before applying?
1.5 years out of the last three and you must move back to USA before applying.
This memorandum provides guidance regarding implementation of the provisions of Public Law 111-230 that increase certain H-1B and L-1 petition fees. The additional fee applies to petitioners that employ 50 or more employees in the United States with more than 50% of their employees in the United States in H-1B or L-1A or L-1B nonimmigrant status. Petitioners meeting those criteria must submit the additional fee with an H-1B or L-1 petition filed.
[Federal Register: January 28, 2011 (Volume 76, Number 19)]
[Rules and Regulations]
[Page 5058-5061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja11-2]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 234
U.S. Customs and Border Protection
19 CFR Part 122
[CBP Dec 11-05]
RIN 1651-AA86
We have started a forum for students of Tri-Valley University. This information is being continually updated. Please go here:
http://forums.immigration.com/forumd...Related-Issues
Many web sites are erroneously reporting that India EB-2 is current for February 2011. Please note, that is FALSE. India EB-2 is backed up to May 2006.
The initial registration period for the FY 2025 H-1B cap petitions will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Discussion Topics:
Number 88
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
There are two nonimmigrant visa categories for persons who want to participate in Exchange Visitor programs in the United States. The J nonimmigrant classification is for participants of exchange programs, designated by the Department of State, that are designed to promote educational and cultural exchanges between the United States and other countries. The Q nonimmigrant classification is for participants of international cultural exchange programs designated by the Department of Homeland Security.
Release Date
With the new fee rule that goes into effect April 1, 2024, you must use the new 04/01/24 editions of the following forms:
Processing Queue | Priority Date |
---|---|
Analyst Review | February 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | April 2023 |
FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485
U.S. Citizenship and Immigration Service (USCIS) is committed to timely adjudicating DACA renewal requests.
Q1. My AOS is pending 180+ days, so which is less risky or will not cause problems when it comes to naturalization: (i) filing AC 21 and going with a new employer right after 180 days are complete, or (ii) leaving the current employer right after getting the green card?
Q2. Salary increase when filing ac21/485 j supplement: if I am filing an ac21 and the next job offers me a significant increase (2x) and 50% up from my current job, is it going to be an issue while filing a j supplement and porting a job?
Q3. What should I consider and keep in mind when changing from employer A to employer B when filing a J supplement (ac 21)?
Q4. Also, is it advisable and recommended that we stay with our employer for six months upon getting a green card? Or does it matter, and we can move as soon as we get the green card? Or should we stick with our employer for at least 3 months?
Q5. Suppose I am filing a J supplement (ac21) vs. moving right after from the employer from whom I just got the green card. Are both things considered the same, i.e., filing a J supplement and leaving the green card regarding consequences or future issues regarding citizenship/renewal? Or is one thing less risky compared to the second thing?
In most cases, filing Supplement J before moving is preferable. It's a more transparent approach, indicating your intention to change jobs before your green card approval. Moving right after obtaining the green card may require explanations and potentially dishonest justifications for your decision to leave. Therefore, Supplement J is generally considered a better option.
Q1. I-485 Filed for EB3 ROW Category While I am not in PERM Sponsored Role
I am stuck in the scenario where my green card was prepared for a future/prospective role, but the AOS/485 is filed, and I still do not have that prospective role (not promoted yet). What are the issues or risks if the green card is approved but I am not holding that future/prospective role? Is it necessary for me to be in the PERM-sponsored role (future role) at the time when USCIS approves I-485?
If the green card is approved and I am not given that future sponsored role, what are the issues/consequences? And how do we go about navigating this process?
Q2. Filing of GC
If my green card application is prepared for a future role and I am not in the perm-sponsored role (future role), i.e., I haven’t got a promotion while the AOS is filed, is it necessary for me to have that future role or not? If yes, then at what stage will the promotion be required for me to get a green card? And if I don’t get a promotion by the time the green card is approved, will there be any issues? If yes, what are the issues?
Answer 1: There isn't an immediate risk if you haven't been promoted at the time of filing Form I-485. However, it's expected that you'll be promoted within a reasonable period after your green card approval, typically within four to five months. Failing to be promoted after approval may raise questions, but it's not inherently problematic as long as the intention to promote was genuine.
Answer 2: If you haven't transitioned into the future role after your green card approval due to unforeseen circumstances or company issues, there generally aren't significant consequences. As long as all parties acted in good faith, the failure to fulfill the anticipated role doesn't usually jeopardize your green card status. While this situation may be contentious, it's typically manageable and shouldn't pose a substantial risk to your immigration status.
U.S. Citizenship and Immigration Services announced agency-wide anti-discrimination guidance that addresses public-facing interactions and affirms the public service principles.
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
Rajiv Khanna is very helpful, provided an excellent advise hearing all my case details.