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]
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From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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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:
My wife is on TN (expiry date : Oct/2019) and my two kids are on her TN as TD visa holders (expiry date : Oct/2019).
I am on TN Visa (expiry date : Apr/2019) and my perm just got approved and am in the process of simultaneously activating my earlier inactivated H1B visa and filing the I-140 with the hope after few months down I will be with an approved I-140 and H1B.
My wife wants to stay on TN (kids on TD) as long as possible because the employer doesn't want to sponsor H1B and moving to H4 EAD doesn't look like a smart option now due to uncertainty surrounding H4-EAD's.
Watch the Video on this FAQ: TN applying for green card
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.
The Analyst Review and Audit dates posted on iCERT above reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. *The Reconsideration Request to the CO dates posted on iCERT above reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed.
I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?
The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.
If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the quota.
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.