After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time.
I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.
This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.
Filed I-130 and I-485 oct 29/07,went for interview feb/08 and have not heard anything from immigration.Is this normal for USCIS.When I did infopass was told that case is under supervisory review,what does this mean.
Pretty much anything can be within the context of a case. Supervisory review means just that - a review by a senior level adjudicator. Usually, that means there is some unusual procedural or legal issue involved. The good news is that, means your case is being reviewed, the bad, we don't know for what. You can try to go through a Congressman's office to find out more if you like.
My brother got US Citizenship this month. I would like to apply Green Card using my brother's citizenship.Is it possible ? How long it will take . Now I am holding H1B.
This is usually not a feasible option. To see how long it would take, look at the Visa Bulletin:
http://www.immigration.com/newsletter/vbarchive.html
You will note that it will take more than a decade to get a green card through family-based category 4. You are not permitted to stay in the USA just because this application is pending.
Q1. Can a legal permanent resident(LPR) change career after say one year from his AOS approval to an entirely different field from the one for which his labor and his AOS was approved? Will this raise any red flags at the time of citizenship?
Q2. In other words, after receiving green card on the basis of say job in computer industry, when can one change his/her profession to an entirely different field (let say opening up a restaurant or go into real estate on full time basis) without jeopardizing the citizenship? Would waiting for one year(or some other amount of time?) after AOS approval be good enough to satisfy the "intent to work for in the field noted in labor application on a permanent basis"?
Q3. Is the person after receiving green card on the basis of employment in certain field stuck in that field for ever?
Q4. What are you thoughts in general about this scenario and how should one go about it?
A1. I see no problem with this nor do I see any red flags.
A2. Sure. Why not. Permanent does not mean forever.
A3. Not at all.
A4. Nothing else I can think of.
On Oct. 1, the U.S. Department of Labor (DOL) implemented its new Foreign Labor Application Gateway (FLAG) system for the H-2A temporary agricultural worker program. Starting Oct. 1, employers who file an H-2A application for a temporary labor certification in FLAG will only receive the certification electronically.
Discussion Topics, Thursday, October 3, 2019
FAQ: When should we file Supplement J for AC21 || Changing employers after 180 days of I-140 approval || Filing an I-485 for a junior position when already promoted || Expediting H-4 EAD || Is there a correlation between processing times and priority dates? || Traveling while H-4 EAD extension is pending.
OTHER: 60 days grace period between H-1B petitions || Options for alleged OPT/CPT violations || Requiring pay stubs from a retired Veteran || Changing employers after 180 days of I-140 approval || Is there a deadline for filing I-485 after PD is current || Financial issues in sponsorship || Public charge rule || Refiling N-400 || Applying for H-1B extension while outside the USA || H-1B/EAD options || EB-1A changing jobs/multiple categories green cards pending || Indian OCI cards, etc.
USCIS recently updated the following USCIS form(s):
This bulletin summarizes the availability of immigrant numbers during November 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.
1. For the Yes/No questions on I-485 form, I have answered all "No" at the time of filing as I was not even aware of this situation. I have no intentions of mis-stating the fact during interview and would like to mention it. But my question is would this be considered as un-authorized employment ? Should I say I'm not sure of this but mentioning it ?<br>
2. Also, after doing some research, looks like there is an exemption based on INA 245(k) and my case seems to be falling into this. Below is the link I was referring to. Am I correct in assuming so ?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics, Thursday 2 August, 2018:
FAQ: What are different wage levels for H-1B and green card jobs? || Travel outside the USA when a case is pending || The impact of the NTA memo Other: Green card renewal requirements/NTA policy || Getting promoted after getting green card || CPT and NTA policy || Past misrepresentation in immigration documents || Public assistance || Disclosing traffic tickets in naturalization || How soon can I leave after green card approval || 60 days grace period on H-1B changing status and quota issue || NTA Memo || Consequences of H-1B denial || Misclassification of H-1B job || EAD, AP and H-1B interaction || Couple applying for naturalization || Having two employers file for H-1B simultaneously || H-4 EAD
Forms recently updated by USCIS:
I am in USA on work visa (11+ years with same company), I-140 approved from Feb 2011. My current H1 is valid till 8/20/2018, my company already applied for extension on 04/12/2018 under normal processing. If Extension denied after 8/20/2018, in how many days we have to leave USA? In how many days they will send NTA notice?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Number 21
Volume X
Washington, D.C
I am currently on my CPT(masters student) & working as full time employee in Cincinnati, OH. I would be converting to OPT in Dec,2018. My employer is fine to file H1B for the next year. My current pay is b/w 60k-65k/annum. I heard that min wage should be 65K for H1B. And even if H1B is picked, there could be chances of rejection at the time of RFE. Will the wage between 60k-65K is ok or should it be more than 65K? I have gone through couple of other websites to explore on this. According to FLCDataCenter.com, I gave Ohio, Cincinnati(Hamilton county) and occupation as software developers, applications--it displayed 4 different wage levels. My current pay falls close to Wage Level 1 but above 60K. would it still cause any issue for H1B? Could you throw some light on this.
Watch the Video on this FAQ: What are different wage levels for H-1B and green card jobs?
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
On Aug. 13, USCIS changed the filing location for Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. This form was previously filed at the California Service Center. Now, petitioners must send Form I-829 to a USCIS Lockbox facility. However, the Immigrant Investor Program Office continues to be the adjudicating office.
1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br>
2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br>
3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then.
Watch the Video on this FAQ: Travel outside the USA when a case is pending
Video Transcript
1. Yes, you can travel.
2. I don't know the exact local rules, but you have to go for visa stamping.
3. You should not go until the amendment is actually approved. More...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Topics of Discussion: - Audit on the PERM process - Traffic violation for naturalization - H-1B transfer - H-4 visa interview
USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of the website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT
A careful review of these appropriate conditions leads to the inescapable conclusion that very little has really changed.
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