EB1

Nonimmigrant Employment While EAD Application is Pending

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Right now I am working with a L1A visa status and my company wishes to apply my green card. I know I can get the EAD but and thinking I can work with my L1A until the green card is approved. Is this ok? Also, can you help me with the green card? My company and me are not happy with our previous immigration lawyer.

Yes, you can continue to work on your L1A as long as it is valid and you can even extend the L1A visa status while the green card application is pending. It is actually a good idea not to get the EAD card. If you use the EAD card to work for someone that is not your L1 visa sponsor then you will violate your L1 visa status and if your green card application is denied then you will be out of status. Unless there is a particular reason you need the EAD such as in cases where the L1 visa is expiring you do not wish to extend or don’t qualify for an extension, then you can avoid applying for it.

We’ll be happy to assist you with your application. In the past 12 months, we have been securing many EB1 green card approvals in 2 months or less through regular processing (no extra premium fee required) and should be able to help you. Please send us a copy of your resume and details regarding your company

J1 Waiver for a J2 Holder

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I have J1 visa and my spouse J2 visa. Our visa expires on September 6, 2012 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in April, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made.

Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and We can help you with a waiver. You do not need to stay here until the decision to be made but it’s not possible to process the case without you.

L1 Visa Stamping Delays

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My company filed an L1 visa application for me which was approved in September of 2009. I went to apply for the L1 visa stamp in Madrid but was told that they could not issue the visa due to an “internal administrative process.” What is an internal administrative process? Does this mean that they will not issue the visa? Can I go to another Consulate to apply?

We’ve seen this type of issue before and it has always been related to either an FBI name check issue or anti-fraud measure that required a site visit by a USCIS hired private investigator. I would not recommend applying for the visa stamp at another Consulate until this is resolved. In our experience, it typically takes 1-2 months to complete the review.

H1B Visa Stamping for Researchers and Scientists

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My company recently filed my H1B application which was quickly approved by USCIS. I went to the US Consulate in Chennai for stamping and they asked me to complete a detailed questionnaire about my research, my qualifications and how my trip to the US will benefit my research. I wasn’t expecting this and they told me that my answers could result in an indefinite wait for the visa stamp. Is there anything you can do to help?

While these questionnaires would appear to be more applicable to EB1 or NIW beneficiaries, they are actually for a Security Advisory Opinion from the US Department of State. These lengthy questionnaires are becoming more and more common for persons coming to the US to do any sort of research whether the application is for H1B visa, O-1 visa or EB1 or NIW. .Most of our clients are getting clearance in about 1-2 months and we are instructing applicants to plan ahead.

Visa Bulletin Outlook for 2009/2010

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The Department of State Visa Office has made several predictions regarding the movement of priority dates for the remainder of 2009 and beyond.  These predictions include the following:

  1. Regarding the EB1 category, all countries are expected to remain current for 2009 but this is expected to change in 2010 for India and possible China due to high demand
  2. Regarding the EB2 category, retrogression for India and China is expected to worsen for India and China.  Both countries are expected to become unavailable in August or September 2009.
  3. Regarding the EB3 category, EB3 wordwide and for China, India, Mexico and Philippines are expected to reamin unavailable for the remainder of the fiscal year.  In October, it is likely the priority dates will be March 1, 2003 for EB3 worldwide, China will be March 1, 2003, India will be November 1, 2001 and Mexico will be March 1, 2003.
  4. Regarding the EB4 category, it is expected to be current for the remainder of the fiscal year but a cut off date will likely be established in FY2010.
  5. Finally, for the EB5 category, it is expected to remain current for the foreseeable future though there is higher demand in this category.