CRS Report On Visa Waiver Program
Please check the attachment.
Please check the attachment.
How can I bring my fiancé to United States, can I apply for him by green card? I am not still a citizen.
There is no fiance visa for non-citizens, but look into the waiting times for spouses of green card holders. Those times are pretty good right now.
I got my BSN in the US, passed NCLEX and got my employment authorization. I am currently on F1 visa, and working at a nursing home. I live in MN and it was extremely hard to get a job. How do I apply for a green card and what role will my employer play in this process? Is it going to cost my employer any money? And how long is it going to take to get a green card?
Your employer's role in this process is limited. You can pay for all expenses yourself. The length of the process is determined by the country of birth.
I worked as Dept. Director at a Spanish Hotel from Jan 08-Jul 09. My employment was in the Hotel full-time, but was hired/paid through a consulting firm they employed (and still employ) to manage the operations of that department. I have now been offered a position (Dec 2010) in a similar Managerial/Director job within the Hotel's parent company in the USA but I have not got a US work permit, (I am Spanish). Can I qualify for the L1-blanket visa of the Company, based on my history with their consultant? Do I need to be employed by Hotel in Spain again prior to applying for the L1 visa?
Interesting situation. Not having researched this issue, I am guessing, the only way you can qualify for the L-1 is if you can establish that the hotel in Spain was your "true" employer in that they controlled you, even though your salary was paid by the consulting company.
I am in US on a H1B and I am having my wedding in India (with a US citizen) in the last week of Dec. I have to go for my stamping when I am in India. Since there is a lot of apprehensions about H1B stamping these days, could you please suggest what is the best way to go here. Would doing a court wedding in US before I go to India(and showing my marital status as married with US citizen)help in anyway - for getting H1B or for GC processing (if I have to do it from India in the worst case)? If my H1B gets rejected, can I go for H1B stamping using the approval notice from another company?
Having a US citizen spouse should neither hurt nor help your H-1 visa app. H-1B rejection does not mean you cannot apply for H-1 through another company.
ICE issues policy guidance for SEVP -certified schools.
For detail please check the attachment.
My H1 visa and I94 expired on 30th sept’10; we filed for a renewal but got an RFE in about 10 days for client letter. Replied to the RFE with client letter on October 29th, got visa denial on November 10th as client letter had project end date of 11/5. Current lawyer says I am ok to stay here 180 days from visa expiry, currently looking for new project with client letter to file for new H1 B visa and then go to India to get stamping and reenter. Am I ok to be here in the country or should I leave immediately? Will stamping and reentry be a problem? Is filing with the same company a good idea?
In my view that is bad legal advice. You are deportable the day your H-1 is denied. I advise our clients to make plans for leaving ASAP.
I have a Masters in Biomedical Engineering and work in a company that implements eQMS for Biologics, Med Device and Pharma companies. I work as a Senior Consultant. If I apply for my GC, would it qualify for EB2? Also, once I start the application process, if I leave my employer and join another employer, would I have to restart the GC process from the new employer?
You COULD qualify for EB-2 depending upon your qualifications and the job requirements. If you leave before I-140 is approved, you may get nothing out of the process. But leaving after I-140 approval gets you your priority date to carry forward.
I obtained my green card in 2004. I left US without obtaining a re-entry permit on July 2009 as I was out of job and found a job in India. Is it possible for me to get a re-entry permit to US? My wife is a US citizen, still working in US.
Unless you have an exceptional explanation for your year outside USA, you should just surrender your green card at the consulate and reapply. Reentry permit is not possible in your situation.
Can I change jobs and file PERM and I-140 under EB2 instead prior EB3 with the new employer. How risky the situation is? I can stay with my current employer, but it is going to take at another 3 years to get my GC under EB3. My PD is Feb 2007.
AAO Processing Times as of April 1, 2012.
My mom has an interview for green card in January. I really need to know if she`ll get some kind of paper or stamp in her (expired) passport right away. We are moving to another state for good and I want to make sure she will be able to fly.
If this is an adjustment of status interview and she gets approved, they should stamp her passport. But she does need to renew her passport before the interview.
I am currently in US on H1-B and wanting to switch to F-1? How long does this process usually take? Is there an option for adjustment of status or do I have to leave the country to get the F-1 stamp?
If you are maintaining H-1 status on the date your H-1 to F-1 change of status application is received by USCIS, you can apply for H-1 to F-1 change of status within USA. Check with your school. They should be able to guide you.
I am planning to get married to a US citizen in a court in the US and afterward would be going to India where I will be filing for my GC.Please let me know whether the same procedures for filing for GC in India after the wedding in India is applicable for filing in India after the wedding in US. are there any complications involved in this?
Check with US consulate. They respond to emails. They often impose some residence duration requirement for applicants.
We received our approvals. A special thanks to Leslie and Heather for supporting us through the entire process. They were very responsive, knowledgeable, and took prompt care of all our questions and inquiries right to the last few days. Mr. Khanna has a great team in Suman, Heather, and Leslie. Thank you for all your help.
Right now my wife and I am on advance parole, In 2005 what happened was, when my H-1 and my wife’s H-4 came to renew ,the attorney forgot to renew my wife’s H-4 so she was out of status for about two months later he filed it everything was alright.So my question is can she go to India with advance parole and come back, will there be any problem?
If her I-485 was pending, she would not be out of status.
In a case decided yesterday, we had filed an appeal to BALCA against a PERM denial by the Certifying Officer (“CO”). The ground for denial was that the Job Order did not provide the exact salary offered to the foreign worker. We showed in our appeal that the fault lay with the Job Order form of the State Workforce Agency. The form did not permit us to enter the higher end of the wage range for our job, where we had offered a wage range instead of an exact figure. The CO appears to have agreed with us and has withdrawn denial and certified our case.
[Federal Register: December 7, 2010 (Volume 75, Number 234)]
[Presidential Documents]
[Page 75851-75852]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de10-132]
Presidential Documents
[[Page 75851]]
Presidential Determination No. 2011-02 of October 8, 2010
Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently. Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview. The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview. ASCs will be located in buildings separate from the U.S. Embassy and Consulates.
The new process will provide several advantages to applicants:
I have a 2 years B.Com from back home & a CA. I have 10yrs of Account exp, plus a CPA. My firm's lawyers refused to file EB-2 & insisted on EB-3. I know two people form another account firm with the same credentials (even same university) who filed EB-2 & got GC. When I got my H1B, I got foreign credentials evaluated & received equivalence to BBA (Accounting & Finance) based on B.Com & CA. But Lawyers insisted that for GC process USCIS won't consider CA.
Your lawyers are right in that CA is not accepted as education by USCIS. Speak with a credentials evaluation agency about Master's degrees.
My spouse is J-1 and is in US and I want to apply for J-2 to enter US. But 10years back I was denied entry in US on my B1/B2 Visa with I-275 executed stamp on my passport because in my last stay in US I attended college for a semester on B1/B2 visa. So I need to ask are there chances that I will get a J-2 visa to join my spouse?
It is entirely in the discretion of the consular officer whether or not to give you a J-2 visa. Impossible to predict.
Number 28
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Visa Bulletin for the month of January 2011.
Perfect and straight guidance given by Lawyers/persons handling my case, help me achieve my Labor certification. Great Team. Professionalism is KEY here. I would recommend others to Rajiv Khanna/Vijay Durgam who handled my case.