I filed a PERM application on my own and realized that I made a mistake. Can I go back and correct this mistake?
Unfortunately, amendments cannot be made after the application is submitted. You will need to submit a new application. Depending on when the advertising campaign was performed, it may need to be redone. We’ve helped many clients correct similar problems and can help you prepare a proper PERM application so you can timely obtain your green card.
I am an assistant to a movie star who is holding an O1 visa. What kind of visa I should apply for in order to continue my assistant job for this movie star?
You can obtain and O2 visa provided that you are an integral part of the movie star’s performance or have related critical skills. If you cannot meet these standards, you may be eligible for a B1 visa.
I just got my Green Card. May my wife, who is currently in Germany, adjust her status to permanent resident?
Adjustment of status application can only be filed by persons in the US. She will need to consular process her application. This simply means that she will need to apply through the State Department and the Embassy to obtain an immigrant visa. Once she obtains the immigrant visa she will be able to enter the US and will become a US permanent resident.
I am now in an H1B status and it will expire in a month. I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. I also have an EAD card which is valid for another 9 months and I know I can extend it. Do I still need to extend my H1B visa?
It is likely in your best interest to extend your H1B unless you have already used your EAD to work for a different employer. If, for some reason, your I485 is denied, it is good to have your H1B as a backup. Otherwise you would be out of status if the I485 were denied.
I’m a J2 holder. I plan to file for a divorce and would still like to stay in the US. We’re both subject to the two year requirement because he is on the skills list. Am I still subject after we divorce? If yes, can I still get a waiver or can only my husband apply for it?
Unfortunately, you will still be subject even if you divorce your husband. In most situations, only the J1 visa holder can apply for a waiver but in cases involving divorce or death of the J1 visa holder, the J2 visa holder can apply for a waiver independently.
My fiance is in the US right now with a K1 that I sponsored for her. We decided to get married in France. Can you go to France, get married and then come back with her K1 visa?
No, the K1 visa is a single entry visa. It can only be used once. No. The K-1 is not a multi-entry visa. There other options you can take advantage of. Please contact our office and we can assist you.
I came to the US on a J1 visa. I would like to take a second job. Can I work for an employer that is not my J1 sponsor program?
A J1 visa holder may work for any company in his or her field of expertise provided that the program sponsor provides its consent and meets other requirements.
I’m considering filing a green card through the NIW. What are the minimum requirements to apply for an NIW? To apply for an NIW, do I have to be both an Advanced Degree Professional and Alien of Exceptional Ability?
The national interest waiver is within the EB2 category and must meet the minimum requirements of EB2 which is evidence of an advanced degree or exceptional ability.
My J status expired and I am in the middle of my 30-day grace period staying in the US, can I apply to change to other nonimmigrant status at this stage?
Although I am unaware of any specific statutory authority, USCIS regularly issues approvals for change of status application filed during the J1 grace period.
I’ve attached my CV for you to review to see if I’m qualified for NIW. I have one issue. I don’t really get along with my boss. If my boss is not willing to write a strong letter of recommendation for me, can I still have a successful NIW?
While it is certainly helpful to obtain a letter from your boss certifying that your work is in the national interest and that you are playing an important role, it is not mandatory. In fact, under the NIW category, a job or job offer is not even a requirement. Evidence of your accomplishments in the field and other letters from your peers can be used instead.