USCIS Releases EB-5 Stakeholder QAs
Please read the attachment for "EB-5 Stakeholder QAs".
Please read the attachment for "EB-5 Stakeholder QAs".
Please check the attachment.
I have come here with my husband who is on L-1 visa. I have L-2 visa. What work opportunities are there if I have no EAD. Second,I have gone to the office to get SSN. But the lady there told me that I don't require that and they refused to give me.What could be the reason I didn't get that. Can I apply for EAD if I don't have SSN? I'm here in US for 6 months. I want to work as I have done my MBA.
I am working in USA on my H-1B right now and my wife is on H-4B. My H1 is valid until 2013. I am planning to leave my job within next few months. After that, we want to visit entire USA for few months before I go back home. Can I change from H-1B(for myself)+ H-4B(for my wife)or B-2 Visitor for both?
You can and should apply for B2 for both.
On June 29, 2011, Ombudsman January Contreras submitted the 2011 Citizenship and Immigration Services Ombudsman’s Annual Report to Congress.
In her opening message, Ombudsman Contreras writes:
The U.S. Refugee Admissions Program (USRAP) is an inter-agency effort involving a number of governmental and non-governmental partners, both overseas and domestically, whose mission is to resettle refugees in the United States. The U.S. Department of State’s (DOS) Bureau of Population, Refugees and Migration (PRM) has overall management responsibility for the USRAP and has the lead in proposing admissions numbers and processing priorities.
Wages for the 7/2011 - 6/2012 program year are now available and are effective 7/1/2011.
The Foreign Labor Certification Data Center is the location of the Online Wage Library for prevailing wage determinations, and the disclosure databases for the temporary and permanent programs. To access our databases or downloadable files click one of the links below.
Online Wage Library
I would like to thank the team of Mr. Khanna. He has been of great help. Initially they filed my case for H1B and got approved with no problem and now I am applying through Mr. Khanna and Mr. Mathew for EB2 GC. My case is very complicated so Khanna ji gave two consutations without any charge and spoke about all the details. My employer offered me her attorney but still I have so much of confidence in Mr. Khanna that I am filling through him. I am sure despite my case being so different, he will leave no stones unturned to represent my case in the best manner. I will update as we will progress. Once again Mr. Khanna thanks for being so cooperative and visionary.
I did three year bachelor of computer science degree from India in June 2005.Then I joined master of computer Applications program (M.C.A) in India in Aug 2005 (3 year program). While still being enrolled in masters degree program, I joined a full time job in a software company in Jan 2006. I was awarded master of computer applications(3 year degree)in 2008, until dec 2010 (5 years) I worked with the same company in a full time job. after i moved to us. Now I am working with US based company from 7 months as a full time employee.(total experience 5 years 7 months).Do I qualify for EB-2.
You qualify.
I have a brother here in US who is diagnosed with cancer. I would like my mom and brother who live in India to come and visit him. What type of visa should they apply for in India and how long will it take? On which visa can they come as soon as possible.
Tourist visa seems to be appropriate. Times vary by consulate and are usually very short -- often visa is issued the same day an application is made. You can also get an appointment for emergent reasons.
[Federal Register: July 7, 2011 (Volume 76, Number 130)]
[Unified Agenda]
[Page 40073-40079]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Vol. 76
Thursday,
No. 130
July 7, 2011
Part IX
Department of Homeland Security
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Semiannual Regulatory Agenda
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Telecon Recap: Application Processing Times: A Conversation with USCIS Office of Performance and Quality
Overview
On April 27, 2011, the Citizenship and Immigration Services Ombudsman’s Office (Ombudsman’s Office) hosted a public teleconference regarding U.S. Citizenship and Immigration Services (USCIS) processing times and interviewed Mr. Joseph Moore, Chief of the USCIS Office of Performance and Quality (OPQ), for this conversation.
Mr. Moore provided a brief overview of the functions of OPQ, as summarized below:
Release Date
Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.
Question: My sister has been on F-1 status, currently on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get an equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.
1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?
2. Does the count of hiring U.S. residents begin after the company is founded or after an I-526 application is filed?
3. How long will it take to get a conditional green card? How about non-conditional?
4. Is it a good idea to file now while on OPT-EAD or wait until she gets H-1B? She has another 2.5 years remaining on OPT.
5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?
1. Not only should there be an investment that investment should be needed to set up that business.
2. When you file your first set of forms (Form I-526) at that time you provide a business plan and you tell the government that once the I-526 is approved within two years or soon thereafter you will be able to create ten American jobs. You have about four years to create American jobs.
3. You can actually look those times up.
4.This is also complicated because if she gets her H-1B she's allowed to work only for the H1B employer. This should be planned in detail with a lawyer. At least theoretically this is feasible
5. She can still apply for an H-1B after I-485 is filed. It is theoretically possible, at least at the USCIS level but at the consulate level it is a different story.
My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.
Questions:
1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?
2) Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?
Release Date
Federal Register Notice Published Today Announces Nationwide Trial
I had filed for my parent's green card in July' 2022. It is concurrent filing.
The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.
The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.
Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?
Also wanted to know:
Will I need to withdraw the I-130 petitions that I had filed for them ?
Will this impact their existing B-2 (visitor) visa? Will it still be valid?
1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.
2. If they leave before November 30th their visitor visa should not be affected.
I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.
I have approx. 4.5 yrs remaining on my H1B. My questions are below:
1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.
2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?
3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?
I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.
I have approx. 4.5 yrs remaining on my H1B. My questions are below:
1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.
2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?
3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?
Number 73
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during January 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.
I cannot thank enough the Law Offices of Mr. Khanna for getting me and my wife our L1-A and L2 approvals. A special thank you to Mr. Jagbir, who assisted us, guided us and was there for us the entire time. He was very patient, helpful and informative, and Mr. Khanna was always available to answer my never ending questions. I can confidently say that it is because of their hard work and dedication to this case that we got our approval. We had a very complicated case whereby our LI-A had already expired, and the extension was denied. Mr. Jagbir presented our case with updated information and new evidence, and after he responded to the RFE with a 700 page file, our case was approved. Thank you so very much Mr. Khanna, Mr. Jagbir and Ms. Anna, we will forever be indebted to you.