-- Q&A 8/18/06--
Q- I am on H1-B visa and I am planning to marry a girl here in US who has her GC in process. She has her LC and 385 done and has filed for 485.She is currently on advance parole and had she has her EAD card with her.Can she add me to her existing GC process?
A- Assuming that the priority date for your wife's I-130 or I-140 petition remains current, you can file an I-485 application as soon as you get married, at the USCIS office where your wife's I-485 is pending. When you file your application you will need to include a copy of the receipt notice for her I-485 application, and a copy of your marriage certificate, and request in the cover letter that your application be joined with hers as a derivative spouse. You should also include a copy of the I-130 or I-140 approval notice to show that her priority date is current.
When your application is filed, you will be considered to be in the same preference category as your wife, and your priority date will be the same as hers.
We have an article on our web site explaining priority dates.
Q- Can I appeal a Notice of Denial issued in connection with I-539 (change of status from F1 to B2)?
A- There is no appeal from the denial of an I-539 application. However, you can file a motion to reopen & reconsider the application if you can introduce new facts which are supported by affidavits or other documentary evidence. A motion to reconsider must state the reasons for reconsideration and be supported by any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or Service policy. A motion to reconsider a decision on an application must, when filed, also establish that the decision was incorrect based on the evidence of record at the time of the initial decision.
The motion is filed on form I-290B with filing fee (see www.uscis.gov) within 30 days of the denial notice.
If the motion is denied, there is no appeal from that denial.
Q- I want to apply for a visa I am renting and my contract will be up in one month and my appointment is in the month before. I have already rented another house for one year which I have a leased agrrement what address should I put on the application my new or old one? Will there be a problem if I put my new one although its a short time I am there?
A- I would list the current address and attach an Addendum to the DS-156 form explaining the situation with your residence. After you enter the US and move, you will need to file form AR-11 to notify the government of your address change. The form can be located at www.uscis.gov.
Q- My mom is a US citizen and I am a Canadian citizen,single, and over 21 . How long will it take me to get a US green card if my mom petitions me this month?
A- The first step is for your mother to file an I-130 petition for you. Processing times vary depending on where your mother lives, but you can check them at www.uscis.gov
The filing date of the I-130 petition establishes your priority date. See explanation of priority dates on our web site. As the unmarried son of a US Citizen, you would be a family-based first preference immigrant visa applicant.
According to the Visa Bulletin, in April 2006, priority dates falling prior to April 22, 2001 were "Current" or eligible for a visa. If your I-130 is filed today, your priority date will be 4/3/06, approximately 5 years after the now current priority date. You can expect that it will take at least five years for your priority date to become current, although that is a very rough estimate.
Q- I am a correspodent fashion editor for two greek magazines and have "I" visa. During the fashion week, I met an executive from a s tore department, who asked if I wanted to, according to my professional backgroung in fashion, to join his team as assistant buyer. I have also have a social security number that is valid for work with authorization. So, i would like to know, if i can ac cept his proposal and what i must do in order ti get this authorization.
A- I visa holders may only work for the foreign news agency or bureau who applied for them. In order to change employers, the new employer must file a new petition on your behalf. The petition must be approved before you can change employers.
Q- I want to apply for a b2 visa.I have my bank statements a permanent job, children and and an apartment.Are these strong ties or do I have to have more?
A- The items you have listed are good evidence. It would help to get a letter from your employer verifying that you are going on vacation and are expected to resume work upon a certain date. You can bring a copy of your lease agreement to show your continued residence in your home country; and your marriage certificate and your children's birth certificates to show that you have family in your home country whom you intend to return to. You should also be able to show that the duration of your trip matches the stated purpose of your trip. If you buy a round trip plane ticket, that is also strong evidence of your intent to return to your home country.
Q- My cousin completed and forwarded to NVC his packet1&2, supporting documents & clearances last Jan.18,2006 (f2b-feb7,1997 priority dat e).. All required fees were paid by his petitioner, the required documents like affidavit of support,etc. were sent to NVC..No deficiencies of any documents noted.. Accdg. to NVC, his priority date is about to become current,and has to wait now for the n ext step w/c is waiting for the visa appointment date in US Embassy Manila..Usually how many months will it take for the arrival of this letter of appointment date? Does it take another long years?
A- I don't have experience dealing with the US Consulate in Manila specifically, but it generally takes about 1-3 months after the case is transferred from NVC to the Consulate for you to receive an appointment notice. NVC should send you a letter letting you know when the case is transferred to the consulate.
Q- I have an immigrant visa and case number. What does this number signify, and how long would i have to wait to legally en ter the USA?
A- Receipt of an immigrant visa number is evidence that the National Visa Center has begun processing your case. The amount of time it will take for you to obtain an immigrant visa depends on the preference category under which you qualify for permanent residence. See our article on preference categories.
You can call the National Visa Center at (603)334-0700 if you have inquiries specific to your case.
Q- How would one go about applying for a permanent residence card, if she would love to seek employment in America. I have an Ameican child and currently I am receiving finacial assitance from the government. I do possess an Associates degree in pharmacology, that I feel would allow me to sit for a board examination and get a liscense to practice as a technition. My major goal is to get off government aid and to support my child on my own. I have been in the United States for one year now. How do I go about it? or What do i need to do in order to become legally employed based on my qualifications? Please repply as soon as possible.
A- If you are illegally present in the US, the only way to legalize your status is if the government creates an amnesty program for illegal immigrants (this is currently being debated in Congress); or if you are married to an American citizen, he could sponsor you for a green card.
Q- I am Masters (MBA) from the USA. I think I fall into EB2 for LC and proceeding filings. I came to USA on F1 and am currently on H1B. I was born in Nepal. My parents were born and always lived in India. They were visiting Nepal when they gave birth to me and they never had residency/citizenship
from Nepal. I have an Indian passport as well.
Am I bothered my Chargeability/ Cross Chargeability issues or I can straight away file LC and the subsequent petitions without worrying about the retrogression issues of I-485?
A- Section 202(b) of the Immigration and Nationality Act states in the pertinent part, "The foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that- ...an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth MAY be charged to the foreign state of either parent." (Emphasis added).
If you can prove that you were born in Nepal, I think you have a strong argument that you are chargeable to Nepal. The general rule is that you are chargeable to your country of birth. One of the exceptions is for people born in a country in which their parents were just visiting. However, this exception is optional (note the use of the word "may" instead of "shall.") I think you can opt not to except yourself from the general rule and say that, since you were born in Nepal (if you can prove it), you are chargeable to Nepal.
Q- I was wondering if there is a minimum amount of time that a green card holder should work for the sponsoring employer in order to avoid problems during naturalization.
A- See our article on intent. Generally, three to six months would suffice, but each case must be looked at individually to see what is a likely determination from CIS.
Q- My de facto (common law) spouse and I are hoping to travel to the US on the newly created E-3 visa which I believe is Australia-US version of the H1 visa (http://canberra.usembassy.
I have read your article (http://www.usvisahelp.com/
A- If you are considered legally married under Australian law and are given all the rights of other married couples, then you are recognized as legally married under US law and are entitled to dependent status as a spouse. You will need to provide proof of your full legal marital status in order to receive this benefit. This would require you to provide copies of any relevant Australian Family Laws and proof that you meet the standards therein.
If Australian law does not accord you all of the rights of a legally married couple, then the US would not recognize you as legally married for immigration purposes. However, you could still accompany your common law spouse to the US in visitor status if you can provide substantial documentation of your shared life together for a long period of time, including proof of shared residence, finances, etc.
Q- I am working in US on an L1 Visa and my I-94 is valid till Oct 2008. My company is an Indian company. Now i wish to process H1 under an US based company. Will my L1 visa get cancelled automatically ? Can i work on my present L1 as long as i wish before switching to the (H1 visa) US company ?
A- Whether your status automatically changes from L-1 to H-1B depends on how the H-1B petition is filed. If it is filed requesting a change of status, then your status will automatically change from L-1 to H-1B on the first effective date of the new petition. (Note that the H-1B cap was reached for FY 2006 and that the FY 2007 cap doesn't open up until October 1, 2007. Therefore your H-1B start date cannot be before October 1, 2007. See our most article on the H-1B cap.
Alternatively, your prospective employer could file the H-1B petition requesting consular notification rather than change in status. If that is done, you will have to leave the U.S, get an H-1B visa in your home country, and return to the U.S. on the H-1B at some point after its effective date in order to enter into H-1B status. The benefit is that you can remain working for your L-1 employer right up until the date you leave the U.S. to go get your H-1B visa. This leaves some flexibility in your H-1B employment start date.
Q- Is it okay If I will apply for another hospital to petition me under EB3 or Schedule
A(nurse) while I have another approved petition with the USCIS with a different hospital? My 1st petitioner doesn't seems paying attention to the petition they filed so I decided to transfer instead. Is this possible?
A- Yes, it is possible to have multiple I-140 petitions filed by different employers. However, your permanent residency can be based on only one of the petitions, and you must intend to work indefinitely for the employer on whose I-140 petition your permanent residency application is based.
