I joined an IT company B abroad and worked for 1 year (Dec' 10 - Dec' 11). I came to US on H-1B (Dec' 11) and am still working with company A (it is the parent company of company B). In both cases I played the role of a manager.<br>
1) Am I eligible for EB-1C (Multinational manager)?<br>
2) In my case since I'm still with the parent company, does the 3 yrs start from the first time I came to US (Dec' 11) or will be from the current time (Oct' 14)?
3) Do software engineers (graduated in engineering) reporting to me qualify as professionals (EB-1C qualifying criteria for managerial role)? If not, what qualifies my role in the IT company as managerial and eligible for EB-1C?<br>
4) What evidences are required from me / the employer to confirm my qualification for EB-1C and also makes it a strong case?
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Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply. Engineers qualify as professionals. As to the last point about good evidence, let your lawyers worry about it. I cannot write a meaningful answer.
AAO Processing Times as of October 1, 2014 |
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Form Number |
Case Type |
Time |
I-129CW | CNMI-Only Nonimmigrant Transitional Worker | Current |
I-129F |
Can a J-2 dependent (Canadian citizen) change to other working visa or have to change to H-4 when J-1 gets waiver and moves to H-1. Basically any hope for a spouse on J-2 to get work authorization (TN/H-1/investor visa) before the 3 year waiver is complete?
Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver.
1) I recently submitted a PERM with company A which is wholly owned by a parent company B. Company B will soon absorb company A which will cease to exist as an independent company and will just become a new department within company B. How will my PERM be affected?
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2) If my PERM is audited and I don't want to go through the audit, will it be a good idea to change employers and submit a new PERM from scratch? What are the odds of being selected for an audit twice in a row?
It IS possible for your green card to remain unaffected even after the corporate change over.
U.S. Department of Labor, ETA-Office of Foreign Labor Certification Announcement:
USCIS issued a new policy (PA-2014-009) clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act (INA) to include gestational mothers using assisted reproductive technology regardless of whether they are the genetic mothers.
A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. For more details please see Matter of Ezra Kibichii BETT (Cite as 26 I&N Dec. 437 (BIA 2014) ) - Interim Decision #3818.
Can I just take over an existing business with the required investment and continue?
That depends upon how old the business is and how you wish to structure your ownership.
Last year my tourist visa was denied because the officer thought I may not come back. Now I am going for student visa. What effect will the tourist denial have on my student visa application?
When the tourist visa denial is based upon a possible intent to immigrate (also known as INA Section 214(b) denial), it CAN be a problem for student visa.
The Department has published a Notice in the Federal Register announcing a 60-day comment period on its proposed changes to the form ETA-9033, Attestation by Employers Using Alien Crewmembers for Longshore Activities in U.S. Ports and ETA-9033A, Attestation by Employers Using Alien Crewmembers for Longshore Activities in the State of Alaska. To read the Notice, please click here.
It was a long and painful journey of seven years. But, at the end I finally got my GC. Through out this procedure the only positive thing was the help and support I received from Mr. khanna's office. I first applied EB-3 in 2006. Got my EAD through EB-3 application. Then reapplied for EB-2 in 2012 and got my GC in August, 2013. Through out the process Mr. Khanna and his staff was so helpful and thorogh that it made my journey lot easier. I would specially like to mention Suman, Mathew, Seema and Bharathi for all their help extended to me. I can not experess enough thanks to them. I would recommend Law offices of Rajiv Khanna for anybody whoever need any help on immigration issue. They are simply the best immigration attorney in this country!
Hello All - Just want to let you know of my interview experience today. We were scheduled for a 9:00 AM interview at the Baltimore office, and having woken up bright and early, both my wife and I were in the waiting room by 8:10 AM. Fairly simple process to check in once you get in the building and find the room. It was early so there just a few people there waiting. Seemed like people were getting called in quickly and the environment was pretty light, stress-free. I was called in 30 minutes early and was ready to go.
I came to U.S by J-1 visa and now I am married to a U.S citizen.I got married in the first month here and my DS form will expire after 2 months. What will be my status?
Two concerns:
1. Your J-1 visa must not be subject to the two-year HRR; and
2) You must not have had a pre-conceived intention to get married when you entered the USA.
Both are serious issues. Consult a lawyer please.
Q1.I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. How long can he stay here in US until the decision is made? Will his multiple Visa get rejected if his extension is denied?
Q2. What is recommended, he leaves immediately or waits until his extension decision comes?
A1. Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions.
Please click the attachment or the link to view the DACA Processing Dates.
U.S. embassies and consulates are sometimes forced to limit or, at times, suspend visa services because of natural disasters, civil unrest, war, and/or security concerns, among other reasons. Information in the link provided below notes the U.S. embassies and consulates that currently provide limited visa services, locations where visa services are suspended, and countries that do not have U.S. embassies or consulates.
For more information on this please visit the DOS website.
We have been working with Rajiv's office almost for 2 years, they provided excellent Professional Services. This Law office is higly recommended for H1B, PERM or any other Immigration related needs.