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07-15 03:01 PM
A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States. There are however, many ways foreign nationals can immigrate and obtain permanent resident status. Two ways to obtain permanent resident status are based on employment and family sponsorship.
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
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la6470
03-07 12:53 AM
I suggest to take the story to your local and national press... If you can afford a lawyer then consult her about possible compensation from INS for metal anguish ...
But just remember that the immigration system in this country is designed to induce insanity in normal people - that it even drove someone like John Lennon to attempt suicide .... and that he found mental peace only by going to Japan himself followed by frequent trips to India to visit Maharishi Mahesh Yogi......
But just remember that the immigration system in this country is designed to induce insanity in normal people - that it even drove someone like John Lennon to attempt suicide .... and that he found mental peace only by going to Japan himself followed by frequent trips to India to visit Maharishi Mahesh Yogi......
90210
03-28 04:35 PM
Hello All,
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
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Overstay
04-25 10:32 PM
hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?
more...
hindu_king
06-03 04:53 PM
I got an RFE in Oct 2008 and responded to it. I a, hoping that I'm not going to get another RFE and also hoping that my application is pre-adjudicated and once the visa numbers are available (within one to ten years?!), i'll get the GC.
nmdial
08-21 01:57 PM
Prashanthi,
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
more...
zeusjerry
03-26 01:30 PM
Hello Mates & Buddies,
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
I am currently holding Indian Citizenship and planning to file my H1 on Indian passport.
But at this year end I am also planning to take my Australian Citizenship.
So could anyone please suggest or share his experience whether transferring H1 on totally new citizenship is possible or not ? if yes then what's the way ?
And does anyone has any experience or knowledge of E3 (Australian Work visa to USA).
Thank in advance !!!
Always,
Nirms
Are you planning to shift the H1 to a different citizenship for retrogression based issues ?? if so, i dont think there would be any advantage as Green Card Quota's are based on "Country of Birth" and not citizenship..
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americandesi
09-17 12:03 PM
And when you invoke AC21.. You must have EAD in hand...
Please don't mislead people. You can invoke AC21 even with H1 transfer.
Please don't mislead people. You can invoke AC21 even with H1 transfer.
more...
hibworker
02-04 04:54 PM
If the question didn't showed up - then it has been removed. Its as simple as that - isn't it. The question cannot magically show up for some and not for others.
Take it easy! Good luck with your interview.
Take it easy! Good luck with your interview.
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frostrated
09-30 07:01 PM
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
more...
kodey7
12-10 12:00 PM
Thanks beuhler.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
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pt326bc
09-26 04:32 PM
Once you give out your EAD for employment your H1 status goes in limbo. I think the way to go back on H1b status is to exit the country and reenter with H1 visa and then work only for the employer who sponsored the H1b (in case something terrible happens to your AOS).
But again this is just my analysis; and I am not a lawyer.
Regards.
But again this is just my analysis; and I am not a lawyer.
Regards.
more...
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HRPRO
03-08 03:55 PM
It is always better to maintain the H along with the EAD/AP. If you apply for PP, you will get the approval within 15 days and include the 539 petition for yourself along with the H-1 petition.
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sushilup
02-08 09:01 AM
Thank you for sharing your case.
It might help lot of people to plan accordingly and not get stuck ...
VISA things are getting ridicules
My wife's passport was received from Delhi Consulate after about 21 business days.
My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.
So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.
I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.
I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.
It might help lot of people to plan accordingly and not get stuck ...
VISA things are getting ridicules
My wife's passport was received from Delhi Consulate after about 21 business days.
My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.
So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.
I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.
I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.
more...
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roseball
07-22 12:03 PM
Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Having I-140 approved only makes you eligible for a 3 yr extension, provided you submit all the documents required in normal H1 process. So, you still have to go through the same process.
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Having I-140 approved only makes you eligible for a 3 yr extension, provided you submit all the documents required in normal H1 process. So, you still have to go through the same process.
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swamy
06-08 11:09 PM
i know what you're talking about - this obsession w/pre-adjudication is ridiculous!i for one support dismantling the current vb based 485 filing lottery system that utterly makes no sense whatsover! let people file 485 as and when 140 is approved and get rid of this cynical vb based filing -
more...
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paskal
06-24 10:40 AM
had a positive years ago
never had to have one again
CXR was -ve
at some point my employer recommended taking INH (medicine) prophylaxis
friends advised me that immigration issues will ease up
so i took it
hopefully i'm all done.
never had to have one again
CXR was -ve
at some point my employer recommended taking INH (medicine) prophylaxis
friends advised me that immigration issues will ease up
so i took it
hopefully i'm all done.
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p7810456
06-19 12:34 PM
Finally USCIS has corrected the processing date typo. The dates are not back to original track.
I guess its good news from the EAD point of view.
VS
Title of your thread scared the hell outta me. I thought this month's VISA bulletin was a "mistake" and they put the dates back to 2003... :( what a nightmare....
I guess its good news from the EAD point of view.
VS
Title of your thread scared the hell outta me. I thought this month's VISA bulletin was a "mistake" and they put the dates back to 2003... :( what a nightmare....
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srikanth003
02-28 09:47 AM
An expert advice on this would be highly appreciated. Many thanks for your consideration.
- My H1 (I-94) is expiring on 1st week of Jun-2011.
- I am also actively looking to change my employer.
In this case, I am not able to decide on the following,
1. Can I go ahead and file H1 extension with my current employer 'A'?
2. If I happen to get another employer 'B' for H1 transfer, what are the implications if 'A' had already initiated the extension process?
I am very confused on whether to go ahead with my H1 extension. Any quick answer would be highly appreciated, as I am taking my decision (on applying for extension) based on this.
Thanks,
srikanth.
- My H1 (I-94) is expiring on 1st week of Jun-2011.
- I am also actively looking to change my employer.
In this case, I am not able to decide on the following,
1. Can I go ahead and file H1 extension with my current employer 'A'?
2. If I happen to get another employer 'B' for H1 transfer, what are the implications if 'A' had already initiated the extension process?
I am very confused on whether to go ahead with my H1 extension. Any quick answer would be highly appreciated, as I am taking my decision (on applying for extension) based on this.
Thanks,
srikanth.
lostinbeta
10-13 12:31 AM
Create your rectangle with the rectangle tool. Make sure you rasterize the layer first (right click on the layer with the rectangle and choose rasterize).
Now hold CTRL and click on the layer with the retangle. This will select the rectangle. Now go to Edit/Stroke.
Mess with the settings in there and voila, you have a black border around your square.
Now hold CTRL and click on the layer with the retangle. This will select the rectangle. Now go to Edit/Stroke.
Mess with the settings in there and voila, you have a black border around your square.
vchip
04-07 04:28 PM
This is from my lawyer,
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
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