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.
How can an entity apply to become a J-1 program sponsor?
In order to become a J1 program sponsor, an organization must file an application with the US Department of State to become certified. Once certified, they may issue Form DS-2019 and sponsor foreign nationals for J1 visas. For more information about how to become a J-1 program sponsor, please contact us at 305-515-0613 or email us at info@messersmithlaw.com
I’m a researcher currently working at Yale. I have numerous publications and hundreds of citations. I believe that I’m qualified for EB1-EA. My boss is also agree to sponsor me through EB1-OR. Can I file both EB1-EA and EB1-OR at the same time?
Yes, many of our clients who qualify under two or more categories, choose to make multiple filings. There is no limit on the number of I-140 applications you can make. However, there are important difference in EB1A and EB1B. You may be able to establish one but not the other. Please send us a copy of your CV and we can help you make the correct choice.