--Q&A 12/5/05--
Q- Could taking up permanent residence in another country (but not actually moving there) jeopardize U.S. permanent resident status? I have been a U.S. permanent resident for a few years now. A long time ago I applied for Canadian permanent residence. As of now, Canada PR processing is completed and I have a Canadian immigrant visa stamped in my Ukraine passport. At the last stage to get Canadian PR, one is required to "land," i.e. enter Canada on that immigrant visa (visa is expiring in a month). I plan a short trip to Canada to "land" using the immigrant visa and come back to U.S. within a week. My question is whether this plan is 100% safe in regards to my U.S. green card status. Even if I would be questioned about my Canadian immigrant visa at a port of entry? I do not want to jeopardize my U.S. permanent resident status and citizenship later. I lived in the U.S. permanently and have a U.S. job, rent, utilities, taxes, etc. to prove U.S. ties.
A- I have been at the border when officers encountered someone in your situation and gave them a choice of giving up their U.S. LPR status or relinquishing the newly acquired Canadian status. Their question is, how can you reside in two places at once?
Q- I applied and was granted U.S. immigrant visa in London through a hospital employer. I arrived in the U.S. on November 23, 2005 and immediately applied for a Social Security Number on the 28th in order to start employment at once. However, I was told that they still have to verify my alien status with the INS and it is going to take about four weeks. I asked what must be the problem with the documents but they could not tell me at present until they have verified. I noticed that my immigrant visa classification is EX1. What is the description of this category? Could this be the problem? Please advise.
A- This is just the typical wait for your information to be entered into the Immigration Service's computer system and then transferred to Social Security's computer system. There was an option to apply for the Social Security Number as part of the immigrant visa application. Had you done that, it would have been issued ahead of time. EX1 are the extra numbers for nurses and physical therapists.
Q- I have been living in the usa, for the past 14 years, got in on a visa b1-b2, at the time I got a social security number, not valid for work, but i used it to work , but paid all the taxes, I got my work permit and same SSN, now valid to work trougth the company I worked, I applied for I-485, got the interview and have not received the final notice to get the green card now has been over 1 1/2years and now the company is closed my question is: if i gave all the information needed at the time, can they ask again for the same documents? If so can we use some how their delay on our behafe? Can they deny my I-485? What
can be done to save my case after almost 9 years and thousands of dollars spent, living here for that long makes any difference, I do have my own house, my child was born here, I have no problems with the justice, never depended on the gorvement for any thing. i was
forgetting I was working as a production nigth superviser, and now I am working in a werehouse where i loud and unloud material, put them away, and make orders as requested to be sent to determinated locations and some time I have to go to the stores and assemble material as well, do think would be good if I ask the company to step in just for precaution in case they ask for more information we never know?
A- What were you told when you went for your adjustment of status interview? You should have either been told that your permanent residency application was approved or that you needed to supply more information. If you were told they would approve it, and you did not hear back from them for a year and a half, then you should try following up with USCIS via 1-800-375-5283. You will need to tell them your "A number" (or alien number) and your I-485 receipt number and explain the situation. They should not request additional proof of your eligibility for the green card at this point.
If you were told that you needed to supply more information or documents in order for your case to be approved, did you do so?
If your adjustment of status application was not approved at the interview, and you met the qualifications for "portability" at the time you changed employers, it should not be a problem that your old employer has ceased to exist. To qualify for "portability" you would have need to have had an approved I-140 and have had your I-485 pending at least 6
months at the time you changed jobs. For more information, see our article at http://www.usvisahelp.com/art_
Further Q: the I-140 was accepted, and now that you mention it, on the day of the interview the officer said everything was ok, that I just have to wait, and that we would get a receipt, but we did not get one, and they never asked for more information at the time of the interview what make me wonder, what is wrong with them???
Further A: The USCIS failure to respond is definitely problematic. You should contact the 1-800 number (1-800-375-5283) to do a case status inquiry, but you should also try filing a Freedom Of Information Act (FOIA) request. (Form I-639 is available at www.uscis.gov to file the FOIA). You may also want to contact your Congressman to seek assistance.
If you had an immigration attorney handling your case you could alternatively use the American Immigration Lawyers Association's "liaison" service to inquire into the status of the case. However, you cannot use an AILA Liaison and a Congressman at the same time and in some cases Congressmen can be more effective.
Q- I am a doctor from India. I have applied for a B1/B2 visa so as to give my step 2 CS exam in November. My interview is in a few days. With my scores on the USMLE Steps 1 & 2, my chances of getting selected for residency for 2006 are high.
I need some advice. My chances of getting an H-1B visa sponsorship from any residency program are very much less. My CS exam is in November; the results will be announced by January end; and I will get certification 10 days after this result. Then only can I apply for a step 3 exam, and the earliest I can give this exam will be the 1st of March. But to apply for an H-1B (with cap exemption), I should submit step 3 scores to universities by March 14th at the latest, and that is practically impossible. So colleges will only offer me a J-1 visa at this time.
I am not sure but I have heard that issuance of a J-1 visa is a very rare possibility in India and elsewhere. Also, if I apply for a J-1 visa and it gets rejected, not only will I not be able to get admission to residency, but it will also hurt my chances of getting a visitors visa for the next academic year. Now I have stopped applying to universities, until I can get more information regarding this. Please advise me as to what I can best do now? Should I try for a J-1 visa or should I wait for one long year so that I will be able to place myself in a situation for better H-1B sponsorship?
A- You may have difficulty in obtaining a B-2 visitor visa for the purpose of taking the exam. I don't know what consulate you will be going to, but Mumbai frequently denies B-2 visas for physicians taking the CS exam, because the purpose of taking the exam is to obtain professional employment in the U.S. The consulate's concern will be that you will enter the U.S. as a visitor, pass your exam, and then change your status to H-1B or some other employment-based status as soon as you find a job.
A similar issue could arise with a J-1 visa application. In order to obtain the J-1, you have to prove that you do not intend to come to the U.S. permanently. If you have already obtained all of your certifications to practice medicine in the U.S., then this will be very difficult to prove.
Another complication with the J-1 is that after you conclude your stay in J-1 status you will be subject to a 2-year foreign residency requirement. It is possible to apply for a waiver of this requirement however.
With the H-1B, you do not have to show nonimmigrant intent at the time of the visa interview as H-1B's are allowed "dual intent."
Q- My husband is currently on H-1B visa, i am on H-4 visa. Our 485 form is still pending. Should there be any problems with our status or me not coming back to USA if i decide to travel on Advance Parole and my husband stays in US. Thank you in advance for your reply.
A- If you have both a valid H-4 I-94 and an H-4 visa in your passport; and you have advance parole in connection with your pending adjustment of status application, you can choose whether you enter the United States on your H-4 visa or whether you enter on your Advance Parole.
If you return on your H-4 visa you will need to also show your original I-485 receipt, and you will be admitted in H-4 status and receive an I-94 card. If you return on your advance parole you will be paroled into the U.S. and will no longer be in H-4 status. You will be legally present in the U.S. pursuant to your pending adjustment of status application.
Many people in H status prefer to maintain their nonimmigrant status while their adjustment of status applications are pending so that in the event their adjustment applications are denied, they will have some nonimmigrant status to fall back on. However, this is not required.
Whether you use your advance parole or whether you use your H4 visa, it does not matter if you travel without your husband.
However, if you only have an H-4 I-94 card and not a visa in your passport (and you are not a Canadian citizen who is visa-exempt), then you would need to obtain an H-4 visa at a U.S. Consulate abroad before returning to the United States in order to enter on your visa. Some consulates require that in order to apply for a dependent visa, the principal (H-1B) status holder be present. You would need to find this out from the individual consulate at which you intend to schedule the visa application interview. If you do not obtain an H-4 visa in your passport then you would need to return to the U.S. on your advance parole.
There is an old internal INS memo stating that you can return on your Advance Parole and subsequently file an extension of stay in H-4 status when your current H-4 is due to expire. In that way, you could avoid obtaining the H-4 visa from a consulate, and still extend your H-4 status.
I hope that this information helps you. However, it should be evident from what I have said that this is a potentially complicated situation. The Q&A format that we provide through our web site allows us to give you general answers. If you require specific advice on which you can rely in your individual case, you would need to consult with an attorney.
Q- I will be completing 6 years on my H-1B on March 16, 2006. I applied for labor certification (RIR) on January 5, 2005. My question is whether I should wait until January 5, 2006 to get proof of submission of the labor certification, and then apply for the 7th year extension, or can I apply now without proof of submission.
A- You can file the petition to extend H-1B status up to 6 months prior to expiration date of March 16 (i.e. immediately). Since your labor certification will have been pending 365 days by the time your 7th year of H-1B status will start, you are eligible for the 7th year extension. You will need to prove, when you file your H-1B extension, the filing date of the RIR application.
