Guestbook Entry for Samik Banerjee, United States
Name
Samik Banerjee
Country
United States
State
NJ
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US embassy denial
Question details
I have my EB2 approved by the USCIS, do I still get the chance to be denied by the US embassy for the consular interview?
It is unlikely, but possible.
Cross chargeability
Question details
On H1B, born in India, EB2 I-140 approved but cannot apply for I-485 since PD is Nov 2008. Is cross-chargeability applicable in this case, if I marry GF who was born in country other than India/China?
Is it OK if the GF is not here right now or on other visa category than H1B? Will marrying enable both of us to file for I-485 immediately?
Cross changeability is possible if your spouse was born in a country other than your country of birth. She can file her I-485 only if she is in USA.
NIW Criteria
Question details
I am currently doing my bachelor's in Computer Science outside the US, my goal is to work in an industry that generally doesn't sponsor visas. I was born in Canada, so just a ROW backlog. Since I can't rely on anyone sponsoring H1B or even TN(also not a TN classified job), I will need a green card before working in the industry.
I'm wondering how difficult it is to get an EB2-NIW with just a bachelor's (exceptional ability), can you explain the process and criteria for this if possible?
My field is adjacent to AI/ML right now I'm doing an internship as an Undergraduate research assistant and by the end, I should have 6 internships (not sure if this helps). The criteria I'm going for (obviously just a guess right now) I'm planning to get a few certifications for AI/ML (from reputable organizations).
I will have a degree in the field. I'm already a member of a few organizations in my field. I can get my professors, managers during my internships and other peers, to write recommendation letters for me.
Can you provide some context as to what they are looking for in this category and it would be great if you could give some recommendations on what I can do to build a solid case. I'm already a member of a few organizations in my field (eg: IEEE and BCS)
FAQ Transcript
As long as you have a change of status, such as an F-1 to H-1B change, visa stamping is not an issue when transitioning from a B-2 to H-1B. The key consideration is the validity of your I-94 while inside the USA.
Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse
Question details
I entered the US to complete my Masters on an F-1 visa in 2018, I got my H1B visa approved in Oct 2022. I was planning to go for a green card through the EB2 NIW route. I have a few questions, which are as follows:
1. Suppose that I got EB2 NIW approved and I am waiting in queue for a green card, but I went back to India and worked in India (employer may or may not be related to the US). Can I collect my GC whenever the priority date becomes current?
2. Suppose that I have already applied for an EB2 NIW visa but then I build my profile and want to apply for an EB1 visa, can I do that?
3. When can I start my business/startup during the EB2 NIW application process? or Do I need to wait until the visa is approved to start a business?
4. When can my wife start working on an H4 visa? Is it during the EB2 NIW application process? Does she need to wait until the visa is approved?
FAQ Transcript
With an approved EB-2 NIW, even if you work in India in an unrelated job, you can still collect your green card as long as you intend to work in the field for which you got the NIW when you arrive in the US. Additionally, you can apply for an EB-1 and transfer the priority date from NIW to EB-1. Starting a business during the EB-2 NIW process depends on various factors, but there's no interim visa except for limited options like entrepreneurial parole. However, potential changes in H-1B regulations for entrepreneurs could provide extended H-1B options and the ability to work for your own business. Spouses can start working on H-4 once the NIW is approved and the H-4 EAD application is filed, as the NIW I-140 petition approval doesn't require a visa.
Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment's time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.