Had a question regarding the EB-2 eligibility.My Perm was recently approved in EB-2 category.Had a question about education before we file the 140. I've a bachelors in Computing from UK which was a 3 year course and after that I have a Masters from UK in the computing which was a 1 year course. My question- is this qualification eligible of the EB-2 category. Just want to ensure that there is no RFE in 140.
Impossible to predict. It all depends upon the type of degrees and the language used in the Form ETA 9089
My parents got GC and I could not get it since I was 21. I am now in the US on H-1B. My mom applied for me when she was a permanent resident under the unmarried son/daughter category. In 2009 I got a letter from USCIS that my visa is available since my priority date was Sept 2001 but in 2009 I was already married and my mom became a citizen after we got married. My question is - can I file for new I-130 and request them to allow me to use the old priority date (Sept 2001)? What are the chances of them allowing me to do that?
As far as I know your PD cannot be reused because you lost it through becoming ineligible for the visa category.
My sister just got her green card last year. Can she petition her siblings ages 22 and 24? how long does the processing take?
Only US citizens can petition for their siblings.
Thank you very much for your good quality work for my Green Card processing.
I am a citizen here and would like to apply GC for my brother's family in India. My question is brother and family have 10 yr visiting visa and they keep travelling here every 2 yrs. Once I apply for their green card, can they still continue to visit here with their visitor visa? When would their visitor visa gets invalid.
Travel on a NIV while GC is pending is very uncertain. CBP can refuse entry.
I am a US Citizen through naturalization. I have applied for GC for both my parents and they are here. I applied I130 and I485 concurrently. I recd the notice letters and my parents got thier finger printing done on 03/22/2010. My Mother's I-94 is expiring on May 25, 2010. Do I need to apply for an I-94 extension since their 485 is still pending or can she stay till GC is approved without a new I-94 extenstion. Both my parents have a 10 year valid B2 visa till 2016. Please advise if I need to apply for a I-94 visa extension.
My mother is an american born in US and I, her daughter was born in Mexico. Am I an American citizen or what papers do I need and what do I need to do? Do I need a green card or what should I do? I have 4 sons that were born in US ages 22,20,15,12. Can one of them sponsor me or what status to be a permanent resident.
I am currently in the US on a h1b visa. My I-140 has been approved under eb3 category but looks like it will really take a while for the visa numbers to be current. My brother is a naturalized citizen. Can he file for my green card under family based siblings category? I was told by someone that i cannot file 2 immigrant petitions. Is that true?
You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.
PERM process says they should advertise in the paper. What if company has freeze in hiring in certain areas because it already has enough. If they wanted to do GC for its employee, how will the process work.
Technically, the employees on H-1 are only temps. Those positions are available. Recruitment is conducted against those permanent positions that are currently occupied by temporary workers.
I was in the fulltime employee in H1B and filed for the PERM application. after one year and approval of Perm application, The employer reduced my working hour from 1.0FTE to 0.8FTE and filed my H1b extension for the seventh year. My question is that, Is there any affect on my PERM application or in the future I-140 and I485 applications.
Reduction of hour from full time to part time can raise issues about the availability of qualifying job (full time, permanent) for green card purposes. In addition, this can be a violation of H-1 laws. I suggest you speak with a lawyer.
I have my greencard. Can I marry a non citizen of US and file for her? How long will it take to secure a working permit for her?
Filing through a green card holder takes several years to get to the work permit stage.
I have a friend who got his green card recently. His sister in law was the one who applied for the green card which was filed on October 1997. His son was 14 at that time. By the time he got his green card, his son was 22, so the son didnt get the green card. Can my friend's son still get a green card under the Child Status Protection Act, or some other ruling?
Your friend can apply for an unmarried child independently. Application of CSPA requires analysis of specific facts. I suggest your friend should consult an immigration lawyer for that.
I am a US Citizen, i want to petition my Father and my Husband,. Can I do that at the same time though? I mean pass the petition of both at the same time?
Yes you can. There is no limit to the number of simultaneous filings other than your financial ability to support the family members for whom you apply.
I am a GC holder currently working in Texas. I lived in Ohio, still have an Ohio drivers license and still maintain a house there where all my letters go. I am trying to file for my wife who lives outside of the US. Should I be filing from texas or Ohio?
I think you should go with your actual place of residence. Also, remember to file Form AR-11 every time you move.
I got married to a US citizen in Mumbai under the Special Marriage Act about a month back. He is currently in the US and I am also planning to immigrate there with him. I have a tourist visa & am planning on going to the US on that visa and then apply for change of status. Will it be ok to do that? & once I apply for change of status, am I allowed to stay in the US beyond the regular tourist visa timelines (meaning the stamp given at the immigration counter at the airport showing the last permissible date of stay in the current visit)?
I recently had my labor certified. I am so glad that my GC process is going thru this firm. Everyone is so professional. Specially I would like to mention Vijay Durgham's name. He is a very thorogh and dedicated person. He was always accomodating and whenever I had any question he was there to answer. I would recommend anybody who is looking to hire a firm for there GC that go ahead with them. These guys are good.!!
My wife and I have been married for 15yrs. I am a U.S citizen and she is Mexican Citizen. We have been in mexico since 2001 and I want to get her green card. She went last year for a tourist visa and they said she is band for 10 yrs since she entered the U.S in 2001 without a visa. My question is can I go ahead and file for her GC even though we have 1 more year before the 10 period is up? Also since we have been here I have not filed income tax since she has a business here and pays taxes here I dont show income but she has a uncle in the U.S who will be able sign for support.
I have not reviewed the law specifically, but I think it is permissible for you to start the I-130 process even now and you can get a co-sponsor for the financial support.
Good day, my concern is regarding the status of my mother. She is a GC holder and been staying here in the philippines for seven months now because of some family matters, she wants to go back to he US in june, 2010, what is the status of my mother , and what are the possible charges ( if there is), and how much?
Your mother should be prepared to explain the reason for why she was away from USA. If she stays outside for a year, she will lose her green card.
If my finace has overstayed his visa does that make him ineligible for AOS?
If he entered legally and is not subject to any other bars, and if you are a US citizen, he can apply for AOS when applying for his green card through marriage to you.
Parents were in US July 2008, filed for an I-94 extension end Aug 2008 from Dallas, which was submit to VSC and subsequently routed to CSC their port of entry California. Extension was denied end Jan 2009 (guessing since they had extended 2 months the previous visit in year 2007). They left Mar 2nd 2009 (meeting the 30/31 day exit requirement).
Are they ineligible for GC? If so how long? Is there an alternative?
It does not look like they were unlawfully present for over 180 days. So, I don't see why there should be a problem with the green card.
What is the period time, apply for i-130 for brother's with family from India.
Over ten years. Check out the Visa Bulletin .
This page allows the public to access the latest quarterly and annual disclosure data in easily accessible formats for the purpose of performing in-depth longitudinal research and analysis. OFLC case disclosure data are available for download on a Federal Fiscal Year cycle covering the October 1 through September 30 period in Microsoft Access (mdb) file format. Select data fields for each case record are extracted from foreign labor certification application tables within OFLC case management systems based on the most recent date a determination decision was issued.
GC processing service is a grueling process, but at Rajiv Khanna's office they handled very nicely and professionally even at difficult time. Though still my I-485 is not yet filed but on Labor and I-140 filing Rajiv's office shown their professionalism and my special thanks to Amrita, Mathew and Kumuda for their excellent service. I'll update more with how my I-485 filing goes in near future. So far with my experience I can give four stars. ****
The sponsoring employer was a small company (less than 20 employees) that was sponsoring the brother of the president. The Labor Certification was audited due to the familial relationship, which is a significant issue in the PERM process. We successfully responded by proving that the relationship between the president and the applicant did not influence or affect the PERM Processing. The I-140 petition and I-485 petitions were approved, and the applicant received his permanent residency.
Hi, I would like to thank Rajiv S Khanna and Vijay Durgam for getting my PERM LCA Approved. Vijay was very helpful in preparing the paper works. It took more than what we expected almost 8 months of processing time. But without auditing it got approved. I would like to thanks Vijay for guiding us in preparing the required documents. Thanks Rachappa