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07-15 03:01 PM
A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States. There are however, many ways foreign nationals can immigrate and obtain permanent resident status. Two ways to obtain permanent resident status are based on employment and family sponsorship.
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
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snhn
06-15 04:40 PM
Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.
Please eloborate.
Thanks!
thementor
04-14 11:21 AM
I apologize.This is my first post, I think I posted under wrong topic (Interesting Topic
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Swati Solanki
10-04 04:08 PM
Mine was received on 18th july too by R Cook. No news yet! Did anyone's cheque got cashed out?
more...
smuggymba
10-06 12:00 AM
LOL. never heard of this. I guess it's still on.
lalithkx
10-24 03:26 PM
I have a cousin who converted EB3 to EB2 after applying for 485. He got his green card too. I think you should consult some good lawyer. But this can be done.
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seaken75
10-09 01:32 PM
bump
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vallabhu
10-03 12:56 PM
I don't think there are any adverse effects of updating them with correct address, I applied for 485 in July moved end of august and updated my address with them, All my Receipts and EAD and biometric were returned to them and they resent them to new address with a thank yo note for updating address.
more...
wandmaker
08-24 11:45 PM
A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.
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fcres
06-29 10:58 AM
First renew your passport as soon as possible.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
I don't think you need to change that I-94. But you need it to prove your last POE and date. My I94 stapled on the PP expired long time back. I just kept extending my H1 to have the valid stay.
Ofcourse you can renew you PP and keep the old I94 with your new PP. Try to do emergency PP renewal though.
more...
smartboy75
08-04 07:37 PM
Hi called USCIS to find out about my I-485 application....the lady who answered my call told me that my application was under extended review....she would'nt disclose much nor did I ask any additional info.
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
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milestones
12-08 11:26 PM
Thanks for the reply Ramo. But my question seems to be partially answered. I do understand what you have stated.
I have a degree that is equivalent to 4 years of education and is from the US.
Can you give me more information around the question that can I file H1B as an IT consultant with a Bachelors degree in healthcare?
I have a degree that is equivalent to 4 years of education and is from the US.
Can you give me more information around the question that can I file H1B as an IT consultant with a Bachelors degree in healthcare?
more...
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srisra
10-12 01:44 PM
eb2 india - same as previous
eb3 - moved by a wk. 22apr01
eb3 - moved by a wk. 22apr01
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lord_labaku
07-07 06:24 PM
renew it.
its like an insurance. My priority date has been current for 4 months. No approvals so far. Still waiting.
its like an insurance. My priority date has been current for 4 months. No approvals so far. Still waiting.
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payal_nag
11-27 04:40 PM
I saw that too, but my problem is that i already had an appt for 3rd week of dec but I had an issue with my passport. Had to send papers for getting my name changed to my married name on the passport as the latest I797 i received was on my married name (noticed this only recently). Now I cannot change the name, passport etc on an existing appointment so will have to cancel the one I have. And currently only emergency appts are available for 3rd and 4th week of dec. Hence the dilemma!!!!!
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ajay_hyd
04-30 05:15 PM
Did anyone file your own AC21, i have moved to a new company and its a similar kind of position, my case is pretty straight forward, should i file it by myself or use an attorney. the attorney's asking for good $$$$
If any one of you have experience doing it yourself, please share it here.
Thanks.
If any one of you have experience doing it yourself, please share it here.
Thanks.
more...
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paskal
06-24 10:40 AM
had a positive years ago
never had to have one again
CXR was -ve
at some point my employer recommended taking INH (medicine) prophylaxis
friends advised me that immigration issues will ease up
so i took it
hopefully i'm all done.
never had to have one again
CXR was -ve
at some point my employer recommended taking INH (medicine) prophylaxis
friends advised me that immigration issues will ease up
so i took it
hopefully i'm all done.
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waitin_toolong
09-21 03:39 PM
I’m confused about using the EAD. Someone please clarify me….
I already received the EAD for me and my wife. Currently, I’m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
•Can I be in H1b and still work another job as a part-time?
------ if the part time job is using a part time H1 only then you will be H1 and dependents in H4 using EAD meaning you lose H1/4
•If my wife wants to work using her EAD does it have any effect on her h4 status?
--- her status becomes AOS pending and H4 is gone
•If my wife loose her job during the use of her EAD what will be her status?
--- she will reamain AOS pending same as while using EAD
•I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
---- you can be self-employed and have similar job description and LC
•I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
----- if you enter using H1 then it will be H1. the debate is still on whether using AP to enter causes you to lose H1 or not. It is possible to extend H1 status though.
It will be very much appreciated if some can answer my questions?
Thanks ahead\
I already received the EAD for me and my wife. Currently, I’m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
•Can I be in H1b and still work another job as a part-time?
------ if the part time job is using a part time H1 only then you will be H1 and dependents in H4 using EAD meaning you lose H1/4
•If my wife wants to work using her EAD does it have any effect on her h4 status?
--- her status becomes AOS pending and H4 is gone
•If my wife loose her job during the use of her EAD what will be her status?
--- she will reamain AOS pending same as while using EAD
•I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
---- you can be self-employed and have similar job description and LC
•I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
----- if you enter using H1 then it will be H1. the debate is still on whether using AP to enter causes you to lose H1 or not. It is possible to extend H1 status though.
It will be very much appreciated if some can answer my questions?
Thanks ahead\
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bos_guy
08-05 11:18 AM
Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status
smuggymba
09-27 03:39 PM
I have an approved I-140 and my 3-year H1-B extension is currently being processed but not in premium and has not been approved yet.
I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.
Many thanks!
you abandon your app if you leave the country AFAIK.
I have decided to leave the job/country and want to know if there were any consequences of leaving without the approval (current I-94 has a July 2010 expiration date). I am still working and technically in status as it is in process but the approval could take a few more months. Should I push for premium? Any advice? I would hate to have any problems with getting future visas to the US, either tourist or getting back on an H1-B.
Many thanks!
you abandon your app if you leave the country AFAIK.
RNGC
02-23 05:00 PM
Yep. I watched it too. Nothing about legal immigrants who came on visas. Gonzales says "We are not going to sacrifice security and quality for production". So, coming from the chief himself...that says it all. What we can derive from that is...the mentality of USCIS seems to be to prolong the process as much as possible thus raking in the moolah for USCIS and at the same time defend their actions by playing the "Quality" and "Security" ball game. Not sure if anybody can change their attitude towards legal immigrants.
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
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