I have an approved religious worker visa and my green card is waiting for approvel. I was wondering if I can switch to another church before I get the green card?
The answer is no if you still want to obtain the green card. The law, specifically AC21, allows porting between employers where there is an approved I-140 and a pending I-485 but religious workers are not included in this legislation. You will have to remain with you sponsoring employer until your I-485 is approved.
I heard you from a friend who received his green card through NIW in less than a month after filing. I looked at your approved petitions and found more NIW and EB1 petitions approved in weeks. I can’t believe this. I have a pending labor which was filed in the beginning of last year. In this case, do I need to withdraw the labor then file NIW or file NIW immediately without canceling the labor. Please let me know ASAP so I can start my case with you. Thank you.
Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and retain the labor certification filing. For many scientists and researchers, a labor certification is not required and will significantly lengthen the amount of time it takes to obtain residency. In addition, the NIW and EB1 avenues do not require employer sponsorship which is very difficult for the majority of new PhD holders to obtain. Please send us a copy of your CV/resume and we can determine if you are qualified for a self sponsored EB1 and/or NIW application.
I’m interested in purchasing a business in the US in order to qualify as an immigrant investor through the EB5 program. I want to invest the least amount possible which I understand is $500k. This requires a business to be in a rural area. What exactly qualifies as a rural area?
These qualifying areas are determined by the US Census and locations can be found through their web site here: http://quickfacts.census.gov/qfd/states/00000.html
I received an Notice of Intention to Deny for my marriage green card case. The main reason is that we live apart. The officer wants to see more proof of our relationship. We have photos and phone bill to prove that we’re contacting each other and spend time together. Do you think that it’s sufficient? What is your advice on this? Have you handled such case before?
In order to get a marriage green card case approved, you must be able to show that there is a bona fide relationship. One of the primary aspects of a marital relationship is cohabitation. While we have successfully helped people in your situation before, it may not be easy depending on your circumstances. Contact our office to discuss your case in greater detail.
I have an appeal pending with the AAO for my I-140 case that was denied. How long does it take to get a decision and how can I check on the status?
It is currently taking more than 12 months to get a decision from the AAO. You can contact them at 703-224-4501 to find the status of your appeal.
I am from India and I already got an approved labor certificate and I140 in the EB3 category. My I485 has been pending for three years now and it seems like it will never get approved because of the long waits. I have a job offer from another company and I want to file again to go through the EB2 category. Is this ok? Am I qualified? I only have a BA but I now have 6 years of experience.
Yes, not only is it possible for the new company to refile for you but you should be able to take advantage of your current priority date. This likely means that your priority date will be current once the application is approved and you should be able to obtain your green card without any additional wait for a visa number. Regarding your qualifications, a Bachelor’s degree + 5 years experience is the minimum requirement for an EB2 petition so you are almost certainly qualified.
My visa says that I’m subject to the 212(e) rule but I’ve heard that it’s possible that I’m not subject to the 212(e) rule. I need to legal represent ion on this. Please let me know if you can help me.
Whether or not you are subject to INA Section 212(E) is determined by your program type, who funded the program, the purpose of the program and your nationality. The indications on your J1 visa and DS-2019 are usually correct but not always. Moreover, those indications are not binding. So if your visa says that you are subject but you feel that you are not, we can help you to obtain a binding legal opinion from the US Department of State to indicate that you are not subject to 212(E).
Hi, my girlfriend entered the U.S on a visa waiver program. We plan to get married now and I’m a US citizen. Can she get her citizenship automatically by marring me?
Unfortunately, there is nothing automatic involving immigration. While we should be able to assist the both of you, she will not be able to obtain citizenship immediately. You may sponsor her for permanent residence (green card) and after she maintains her residency for three years, she can apply for US citizenship.
Hi, I have a J1 visa and am a trainee with a Hotel. I want to change to a work visa like H1B but my J1 sponsor told me that I can’t change to H1B. Why is that? Do I need a J1 waiver? My paperwork says that I am not subject to the home residency requirement.
Regardless of what your paperwork reads (the J1 visa or the DS-2019), you may still be subject to the two year home residency requirement. However, if you are not subject then there is no restriction on applying to change your status to H1B or other visa type regardless of what your program sponsor tells you. Most program sponsors do not want people to change their status in the US because they believe, incorrectly, that they may lose their ability to sponsor J1s if too many J1 visa holders do not return to their home country.
My E1 visa application was denied at the US Consulate in London. I work for a small manufacturer. We supply computer components to US companies. The reason for denial was that 50% of the materials used to produce the components were not from the U.K. We’ve never had this kind of problem before. Is it a new requirement? Is there another visa I can get?
There is no such E1 visa requirement. Contact my office. We can get in touch with the consular officer’s supervisor and get this decision overturned and the visa issued.