Immigration QA

The Long Wait for EB2 India What is "EB2 India"? It refers to citizens of India the employment-based green card category for Masters and high experience-level specialty occupations. It's an issue for discussion because, even though an employer has proven there is no American available to do the job, there are still per-country total limits on annual green card allotments. So, India being a high population country with lots of tech workers in the U.S., their wait for a work green card is longer than other countries around 10 years longer! In fact, most countries don't use up their annual limit and the remaining green card slots go mostly unused. Having said this, here is a nice presentation from my colleague Bob Webber at Webber Law, PLLC on the inner workings of the particular process, EB2 India. The Long Wait for "EB2 India."

It's So Easy! Reminder: you can apply to replace your green card online! It’s that easy! https://www.uscis.gov/i-90

An application can be denied even before an interview. Recently I Answered the Following: "Me an my spouse (F-1 student) are in the process of concurrent filing. We were wondering if it is really necessary to include hard evidence such as: joint bank statements, auto/health insurance, car titles, bills, rent lease, photos...etc with our application package, or leave until we are called in for the interview?" Short, Sarcastic Answer:  Sigh. A Little More Helpful Answer:  It depends on a noncitizen's tolerance for risk. An adjustment interview is not like a consular interview where one necessarily brings supporting docs to an interview. Without adequate supporting documentation of a bona fide marital relationship, an application may be denied before an interview is even granted. Having said this, the items listed are common documents to demonstrate a bona fide marital relationship. A marriage certificate is not enough. In fact, joint financial statement...

A Lawyer Asked Me The Following Question: "My client, who is a permanent legal resident, is charged with a misdemeanor Domestic Abuse No Contact Order - Violate No Contact Order -  Minn Stat  629.75.2(b). The offer is to plea guilty to charge. 90 Days jail stayed for two years.  Would he be deported if he plead guilty?" ANSWER: Yes! FOLLOW UP: "Also, do you know if there is anything I could do like an Alford plea (no admission of facts) or a stay of adjudication on the charge that would keep him from deportation?" ANSWER: None of those resolutions avoid removal proceedings.  And there are additional nuances.  And, during this time, the foreign national defendant may or may not remain in ICE custody during such proceedings.  In Minnesota, this is usually Sherburne or Carver County jail but sometimes Albert Lea.  Ramsey County (St. Paul) recently ended its relationship with I.C.E. to detain foreign nationals in proceedings. Thi...

"6 years." Get this stuck in your head. Recently I received the following question:   "My old H1B visa was valid from December 2008 to September 2011.  I only physically stayed in the U.S. on that visa for 9 months.  Now I want to apply for another H1B visa.  Am I eligible for H1B cap-exempt?" Answer:   You are always eligible for a cap-exempt H1B.  That means your petitioning employer is a nonprofit or educational institution, and for that there is no deadline or lottery.  I assume your old H1B was cap-subject?  If you are interested in another cap-subject H1B visa, then it appears the 6 year time limit has expired from your old visa and it can no longer be transferred to a new employer.   It's important to maintain constant awareness of one's time on H1B.  As you approach 5 years, so too does the H1's "final countdown."  An employer must now submit a fresh petition on your behalf for a new cap-subject H1 next year, wh...

BREAKING:   Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA.  Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.  For details, please see the  USCIS Response to Federal Injunction Regarding Recent DACA Court Decision . If you believe you make qualify, it is a very good idea to call a  licensed immigration lawye r now to review your rights.

I recently answered the following questions: 1. Do we qualify for H1B if we are hourly and level 1 wage? 2. Can we apply for H1B and also STEM extension? 3. Is premium processing of H1B necessary? ANSWER 1. You can qualify.  But, some problems occur with Level 1 wages when they are low enough to question whether the occupation is really a specialty. So it depends on the job duties/requirements, and best examined on a case-by-case basis.  In other words, a wage by any other name may or may not smell as sweet! 2. Yes. 3. No but usually worth the expense. Some IT consultants refuse to premium process in order to retain the prospect in current employment as long as possible, or play the “project shuffle.” See a licensed attorney for options to address this.