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 |
||
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.
Release Date
In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:
Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
---|---|---|---|
Cumulative total of all completions | 28.92% | 830 | |
I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 100% | 5 |
I-129E2 | CNMI Treaty Investor | 100% | 2 |
Processing Queue | Priority Date |
---|---|
Analyst Review | July 2021 |
Audit Review | March 2021 |
Reconsideration Request to the CO | July 2021 |
FAQ: Consular processing employment-based green card with a job offer from a different employer
USCIS recently updated the following form:
Thank you!! GC in hand after 12 years!! It was long journey of more than 12 years but have been made easy with Mr. Khanna and his dedicated team! We are very Thankful to him and his team. I got the EB2 approved in less than 2 months which was a big surprise as a Physical Therapist and now change In status for I-485 in less than 3 months which was unbelievably faster than any processing time line mentioned online. I especially would like to thank Mr. Bryant who was always available to answer our questions and concerns and was prompt to reply every email in a short duration. We must have exchanged more than hundred calls or emails. Mr. Khanna was available and with his expertise and knowledge, cleared our doubts and gave the best answers to complicated situations at times. I would also like to Thank Ms. Suman, Ms. Anna and Ms. Prerna for helping with first H1 b approval process and 3 extensions thereafter. I would highly like to recommend their team!
Number 62
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during February 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.
Release Date
USCIS is reminding the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the Marshall fire in Colorado.
The following measures may be available on a case-by-case basis upon request:
USCIS recently updated the following form(s):
Petition for U Nonimmigrant Status
12/06/2021 01:32 PM EST
Release Date
U.S. Citizenship and Immigration Services announced clarifying guidance on how USCIS determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.
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