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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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IneedAllGreen
06-22 09:35 PM
Can someone post sample employment letter for filling I-485. I will need this letter to forward it to my employer.
Appreciate your help.
Thanks
INeedAllGreen
Appreciate your help.
Thanks
INeedAllGreen
chanduv23
09-20 11:33 AM
If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.
HTH,
I travelled after 485, got h1b stamping , came baack and recently my checks also got cashed and am looking for the Reciept Notice also.
I did not have any issues anywhere.
For FP - you just have to make sure someone is checking ur mailbox so that you will know when FP date comes, and you can postphone FP to a later date when you return
HTH,
I travelled after 485, got h1b stamping , came baack and recently my checks also got cashed and am looking for the Reciept Notice also.
I did not have any issues anywhere.
For FP - you just have to make sure someone is checking ur mailbox so that you will know when FP date comes, and you can postphone FP to a later date when you return
2011 for Tom Cruise to reprise his role as Maverick in “Top Gun 2.”
izolo
06-04 02:10 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
more...
H1bslave
10-19 09:09 AM
thanks for info, however the news says about illigal but I feel better after your input. All I got to do now is find someone **** and claim GC :)
its applicable to everybody...if ur victim of a crime...u can get gc too.
its applicable to everybody...if ur victim of a crime...u can get gc too.
Ennada
09-16 02:49 PM
My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help
more...
SK2007
03-27 02:27 PM
Thank you pal. Is it safe for her to apply for H4 while in India? or is better she apply after coming here? She wants to apply for H4 after coming to usa.
Applying for H4 while being in India might be the easiest. She can still continue her studies on H4, if she wants.
Applying for H4 while being in India might be the easiest. She can still continue her studies on H4, if she wants.
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hibworker
05-23 11:25 AM
I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
The best approach is to go ahead and change the job. What are you worried about? File AC 21 via new company's lawyer.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
The best approach is to go ahead and change the job. What are you worried about? File AC 21 via new company's lawyer.
more...
Prashanthi
07-06 05:37 PM
your employer has to update your I-9 form with the EAD documentation, you need AP for travel only, you will not be deported if you change to EAD.
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H1bslave
10-19 09:09 AM
thanks for info, however the news says about illigal but I feel better after your input. All I got to do now is find someone **** and claim GC :)
its applicable to everybody...if ur victim of a crime...u can get gc too.
its applicable to everybody...if ur victim of a crime...u can get gc too.
more...
rtaqi
07-25 07:30 AM
There shouldn't be any issues. The H1 visa stamp on your passport is seperate from the I-797 approval that you received, both are valid. Your wife should also have no problems getting an H4 using your current I-797. I had a freind recently who was in the exact same situation and he and his wife both didn't have any issues.
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LOL123
07-29 03:35 PM
When can we send this fax to expedite the service? Is there any days restriction? like only 60 days after you have applied for EAD? Is there any fee involved?
more...
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ivar
02-11 12:07 PM
You can do it, we can help. --Home Depot
Good one. :-)
Good one. :-)
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MYGC2008
03-04 01:46 PM
I recently applied for I-131 at TSC and got the receipts.
I wanted to check the online status but it is not showing.
I wanted to check the online status but it is not showing.
more...
pictures Tom Cruise to act in #39;Top Gun
chiragmodi
08-08 09:37 AM
Surprisingly my wife and daughter's 485, EAD and AP checks were cashed yesterday and not mine.
July 2 filer
EB3
PD : Dec 2005.
labor approved dec 2005
I-140 approved jan 2005.
July 2 filer
EB3
PD : Dec 2005.
labor approved dec 2005
I-140 approved jan 2005.
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ABHI1
11-12 05:07 PM
Hi ,
My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.
Thanks
My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.
Thanks
more...
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kirupa
05-02 05:05 PM
HAHA - very clever :)
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radhay
04-16 08:28 AM
adithi123, I am planning on sending to the address on e-filing receipt (TSC).
Also, there is another thread open for e-filing EAD related topic so you can post your questions there. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/18737-ead-e-filing-experiences-eb-44.html
Also, there is another thread open for e-filing EAD related topic so you can post your questions there. http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/18737-ead-e-filing-experiences-eb-44.html
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wc_user
07-19 12:27 AM
I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.
rtaqi
07-25 07:30 AM
There shouldn't be any issues. The H1 visa stamp on your passport is seperate from the I-797 approval that you received, both are valid. Your wife should also have no problems getting an H4 using your current I-797. I had a freind recently who was in the exact same situation and he and his wife both didn't have any issues.
NKR
02-19 01:05 PM
Did it say state of residence as TN or Tamil Nadu, if it is TN, then it could be Tenesse?. I don't know what I am saying...