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File I-485 while J-1 waiver is pending

15 years ago By Chief Editor

Question details

I am currently in the US under the VWP which expires March 15. I was about to apply for a marriage-based GC but I just found out that I am subject to 2-years HRR. I applied for a waiver (no objection). A lawyer told me today that I should still file the I-485 and just leave the question "subject to" blank or check "yes" and add "waiver pending". Is that going to work? I don't want to overstay the VWP. How many days does it usually take to find out that I-485 submission got accepted and I can legally overstay the VWP?

To the best of my knowledge that information is incorrect. You can file AOS only after the waiver is approved.

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USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

15 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.

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Employer change in 6th year before I-140

15 years ago By Chief Editor

Question details

My H1 is expiring (6th yr) in Sep 2010 and did not get labour approval till now (filed in Sep 2009) , Can I transfer H1 before Sep 2010 and before I-140 approval?

Yes you can. But discuss the details with your H-1 lawyers.

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Guestbook Entry for Renganathan, United States

15 years ago By Anonymous (not verified)

Name

Renganathan

Country

United States

State

Comment

My Wife and I received our GC on Feb 2010. Mr. Khanna law firm helped me to change from EB-3 to EB-2. The law firm team is outstanding, very helpful, expertise, hard working (I really surprised when i received calls even on holidays) and exceeded my expectations. I especially want to thank Mathew, Bharathi, and Prerna for their professionalism, ethics, courtesy, and prompt responses. Me and my wife truly appreciates and very grateful for Rajiv and his staff. Thanks & Regards, Renganathan

USCIS Reminds Petitioners to Provide Approved Labor Condition Applications

15 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) announced that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs).

Due to processing delays associated with Department of Labor’s (DOL) “iCERT” system, USCIS responded to requests from the public and temporarily allowed H-1B petitions to be filed with uncertified LCAs. This temporary measure went into effect on November 5, 2009 and expired on March 9, 2010.

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