|
Quick question: I'm in the US as a J-1 postdoc at a top 5 school and I'm looking at self-petitioning either EB-1A or EB-2NIW (or both). When I file my I-140 (but not the 1-485) is this considered "immigrant intent" for the purposes of crossing the border on my J-1? The regs are frustratingly vague on whether this will be an issue. I know I'll be stuck here while the I-485 gets processed. Oh, and I'm not subject to the 2-year home country requirement (thanks, New Zealand!)
|
#
?
May 3, 2016 00:06
|
|
|
|
| # ? May 11, 2024 21:20 |
|
|
Once you file an I-140 you are going to have immigrant intent, because you have started the process toward permanent residence - it would be very difficult to argue that you didn't intend to stay in the US and were planning to return to New Zealand when you have prepared, paid for, and filed a petition to base a green card application on. You can travel while you're thinking/planning, but once it's filed it's not wise. If you aren't filing the I-485 concurrently, you can opt to premium process the I-140 so that you aren't stuck waiting ages to know if its going to get approved. Technically, you have "immigrant intent" as soon as you decide you would rather stay in the US indefinitely than return to New Zealand; but the only person who really knows when that occurs is you. Taking deliberate actions toward residence is what makes that intent clear to officers.
|
|
#
?
May 3, 2016 03:12
|
|
|
Hmm, that's what I was worried about. I guess filing the I-485 concurrently makes sense. :\ I'd wait 'till I could score a faculty job, but my soon-to-be-PhD wife is joining me soon and It'd be really nice to be permanent residents to get access to that sweet sweet NIH money. Thanks for your help! P.S emigrating to your (awesome) country is a total ballache even in cases where it seems like the country would love to have you! If the positions were reversed and I was a US PhD looking to emigrate to NZ, they'd have me in a heartbeat :\ SuperiorColliculus fucked around with this message at 03:32 on May 3, 2016 |
|
#
?
May 3, 2016 03:27
|
|
|
The only reason not to file the I-485 concurrently is if you aren't sure about the strength of your I-140 case; if its iffy and gets denied, then the I-485 gets denied as well and you are out that money and hassle, so some people prefer to file the I-140 alone, wait for the decision, and then file the I-485 so they don't have to mess around with it unnecessarily. Just so you know, universities and affiliated organizations are exempt from the H-1B cap, so if you find a university willing to sponsor you for one you don't have to worry about the terrible lottery system that everyone else is stuck with, so that's something at least. The reason to consider this is that H-1B is a dual intent status, so it is fine for you to be in H-1B status and travel, etc, while filing for permanent residence. But it relies on finding someone to back you. And yea, sorry that the system is so lovely! I don't think there is anyone who is actually happy with the US system as it is. There isn't a good avenue to bring in highly qualified people (like PhDs) and its boggling the number of people who come to the US and get a PhD from a US university and then have to leave because there aren't options for them. You would assume that 'let's keep the people we educate to the highest level' would be a broadly acceptable idea. Unfortunately the whole immigration system was built int he 60s and gradually layered over into the 90s and hasn't really been changed since, and no one is willing to open the box on comprehensive reform because there is no agreement on what it should be. We can't even raise the number of H-1Bs available back to the level of the 90s. On the other hand if they ever revise this whole mess to make sense I will probably be out of a job, so....
|
|
#
?
May 3, 2016 14:07
|
|
|
How long after the receipt of the work authorization (I-765) does it typically take for the permit to be received? This is assuming the biometric screening and everything else is complete already.
|
|
#
?
May 3, 2016 16:06
|
|
|
USCIS is supposed to issue the EAD within 90 days of the receipt; this is one of the very few applications where there is a statutory timeline, so they almost always do it within that timeframe. After the application is approved the card is still produced and sent, but generally that happens pretty fast now - a week or so. If the application has been pending for 75 days you can reach out and make a request so they are on notice about it.
|
|
#
?
May 3, 2016 16:09
|
|
|
I'm in the US on a CR1 and had a baby with my US citizen wife, does this expedite the process to becoming a citizen for me, or make becoming a LPR any easier/quicker?
|
|
#
?
May 8, 2016 20:10
|
|
|
The birth certificate is just a strong piece of proof to submit when you file your 751 to remove your conditions. It doesn't really change any timeline you are currently on. Your marriage to a US citizen has already put you on the shortest path to citizenship (short of military service). (You will still need to submit other proof when 751 time comes, a birth cert for a kid isn't usually enough on it's own.)
|
|
#
?
May 8, 2016 20:24
|
|
|
I"m a student in the US currently on an F-1 status that will be valid until next July. As a Canadian, I'm lucky enough that my profession (veterinarian) is covered under the health professionals clause in TN-1 status, but my understanding is that status has a number of drawbacks. I'm looking to apply for a few positions in the US for next year and I just had a quick question: Is it worth it or even possible to start in TN-1 status then consider moving to H1B later or concurrently? I've read that academic positions don't have the issue with limited H1B spots but private practice positions do, meaning if I don't luck out in the lottery I'd be SOL if that were my only way to get a position. A surgeon friend of mine is running into issues for precisely this reason, and I don't qualify for any other visa that I can tell. I've also considered the OPT part of the F-1 visa but the income limit on that is so low that it seems like a waste of time.
|
|
#
?
May 9, 2016 16:28
|
|
|
LPR here since 2009, about to be eligible to start the naturalization process (we just moved states AGAIN a couple months ago, plus haven't had the spare cash to get things rolling for the last couple years), and just have a couple questions. We're planning on hiring a lawyer, and the one I talked to a couple days ago quoted us a flat fee of $1500 + filing fee, does that sound about right? I don't have any big ticket issues-- no removal proceedings or anything like that, no criminal record or any DUIs etc, the only thing that could possibly come up is traffic tickets (got a couple more than five years ago) and a minor car accident (2011, me and some other guy backed into each other in a parking lot). As for the second thing I'm worried about, it's something I forgot to ask the lawyer, plus can't find any solid answers to online. Does USCIS ever ask for your birth certificate during the naturalization process when you're naturalizing based on marriage to a US Citizen? Reason I ask is that I'm Nigerian, estranged from my family back there, and have only a photocopy of my birth certificate. My passport is currently expired and the process for getting a new one so far seems like it'd require me to either go back there (not something I want to do) or have my family manage things (DEFINITELY not something I want to do). If the birth certificate thing will come up, I want to get ahead of it and at least get the process started now.
|
|
#
?
May 15, 2016 20:36
|
|
|
Solis posted:I"m a student in the US currently on an F-1 status that will be valid until next July. As a Canadian, I'm lucky enough that my profession (veterinarian) is covered under the health professionals clause in TN-1 status, but my understanding is that status has a number of drawbacks. I'm looking to apply for a few positions in the US for next year and I just had a quick question: Hey, late getting to this. As a Canadian, TN status is an easy way to get working, because it requires very little from the employer and isn't subject to any caps. The main disadvantage is that it is a immigrant status, so you cannot be pursuing permanent residence while a TN - also, you should be careful about putting down roots in the US, as people have been refused entry in TN when they have done things like buy a house, leaving them in a real mess. You can start working as a TN and then have your employer apply for an H-1B before you begin a residence process though, which a fair number of people do. Note that academic posts are not subject to the cap, but if you want to switch to a non-academic posting, you still have to go through the cap selection - so its not a back door into regular employment. I am not aware of any income limit on OPT workers, but OPT is administered by schools, so we don't deal with it directly. Do you have a link about that? I know plenty of people working in OPT making high five and even six figures. babydonthurtme posted:LPR here since 2009, about to be eligible to start the naturalization process (we just moved states AGAIN a couple months ago, plus haven't had the spare cash to get things rolling for the last couple years), and just have a couple questions. The fee seems fine to me; most immigration work is done flat-fee for one reason or another, and the rate seems normal for me. I am in Boston though, so maybe its lower in other places, I can't be sure. A birth certificate is not a standard part of the naturalization paperwork at either application or interview, although all sorts of things can be requested. You may want to contact the consulate or family/friends in Nigeria and see if they can assist in getting a copy issued? I know that some consulates issue a birth record for people in their country, it's not really a primary document but it can sometimes pass muster as secondary if needed.
|
|
#
?
May 16, 2016 15:35
|
|
|
Ashcans posted:Hey, late getting to this. As a Canadian, TN status is an easy way to get working, because it requires very little from the employer and isn't subject to any caps. The main disadvantage is that it is a immigrant status, so you cannot be pursuing permanent residence while a TN - also, you should be careful about putting down roots in the US, as people have been refused entry in TN when they have done things like buy a house, leaving them in a real mess. You can start working as a TN and then have your employer apply for an H-1B before you begin a residence process though, which a fair number of people do. No problem on the delay, I'm just happy to get a response! The income limit was hearsay from another student who was looking at her options out in private practice... I can't seem to find anything on it so I'm not sure now what she was talking about. If medicine counts as STEM that might also be a valid consideration for me, too, given the 17 month OPT extension. At least it looks like I'll have a few options this way.
|
|
#
?
May 17, 2016 01:22
|
|
|
They are actually changing the STEM extension program right now - it is going from a 17-month extension to a 24-month extension, but there is going to be more documentation and filing involved with securing the extension now. You can see if you would be eliglbe by looking at your I-20 and finding the designation for your program. It should be labeled as 'Program Major' and have a code in the format of XX.XXXX, followed by a brief description. So like '01.0901 Animal Sciences, General'. If your program is on this list, you would be eligible for the extension.
|
|
#
?
May 17, 2016 14:53
|
|
|
I have a peculiar question. I have a 2 year green card, which I am renewing into a 5 year one this summer. Nothing irregular there. But I have a friend, who is right now emigrating to England, but is eligible for citizenship in December. To fulfill continuous residency requirements, he asked if he could "use my address" until December so he could proceed with getting citizenship. Now, my first response was "oh hell no," but just out of interest, how problematic/ illegal is this?
|
|
#
?
May 19, 2016 15:31
|
|
|
To directly answer your question, yes, participating in an attempt to commit fraud for the purposes of immigration benefit is a bad idea and probably illegal, especially as you are also an immigrant and would probably not wish USCIS to consider you someone prone to such things. Now, if your friend just puts your address down and you don't actually make any statements about his residence in support, will you be ok? I don't know, mostly because we don't work with people who are endeavoring to commit fraud, but exactly what level of risk are you willing to attach to your residence? I would say none, personally. To answer the underlying situation, your friend is dumb and his plan is bad anyway, because you have to demonstrate your physical residence for the three months prior to filing for naturalization, which means that if he is eligible in December he is going to have to show that he was living with you from September to December. He can't just 'use your address' on the form and it will be cool. Also USCIS has access to travel history, so this sort of address bluff doesn't do anything to disguise his actual travel and presence outside the US in any way.
|
|
#
?
May 19, 2016 16:24
|
|
|
Where I'm from we don't have a fancy travel monitoring system, but we can just ask for a copy of your passport and all pages. If we suspect foul play we might ask you to give up your entire passport and we'll look at the stamps ourselves. Relying on a self-reported address is dumb for exactly this reason.
|
|
#
?
May 19, 2016 17:06
|
|
|
Applicants get caught trying to pull poo poo with physical presence/ continuous residence all the time. He shouldn't try it, and you shouldn't involve yourself. Edit: It was literally the first type of fraud I ever caught, and I had only been doing interviews for maybe 2 weeks at the time. And the kid had done far more planning/work than just using someone else's address. Manifest Dynasty fucked around with this message at 21:34 on May 19, 2016 |
|
#
?
May 19, 2016 21:25
|
|
|
Has anyone dealt with going to grad school abroad with a green card? That is, you already live in the US and have a green card but want to do a program abroad that's 2 years. It seems like there is a reentry permit that is good for 2 calendar years which which cover a 2 year academic program and a little extra, but some of the immigration language on reentry is scary, like any long stay abroad could cause us to consider whether or not you are really a permanent resident, etc. Is it possible to get additional reentry permits e.g. if you wanted to work abroad for a year after doing the program? I've heard mixed things about this, like if you come back to the US every X months you are fine (can't find an actual document that says that). I guess I'm trying to see what is reasonable to expect as far as lengthy international travel and reentry for a green card holder (of like ~10 years if that makes a difference).
|
|
#
?
May 25, 2016 16:12
|
|
|
You should apply for a Reentry Permit, this is exactly what it is for. If you travel outside the US for extended periods (or spend a great deal of time outside the US even though you return regularly) you are putting your green card at risk. Whenever you re-enter as a PR, the officer can review your history and decide that your behavior invites question. The people who say 'just come back to the US every X months' are basically arguing that you can fly under the radar. But lets say you go overseas for grad school and come back to the US every two months or whatever, and then one trip the officer pays particular attention and asks you 'I see you do a lot of traveling. How much time have you spent in the US this year' and you have to say, well, maybe five trips, two weeks each, ten weeks? And he's going to say 'If you are only here for ten weeks out of the year, how are you a resident?' and now you have a problem. If you have a Reentry Permit, you are fine, because application of the permit volunteers your plan to leave temporarily and preserves your residence while you are gone. Usually anyone can get a 2-year reentry permit without question, and generally you can get an additional 2 year permit with some reason (I haven't quite finished my program and would like to do this co-op opportunity should be fine). After the first two permits, you will only get them issued for one year at a time and each one draws more question. There isn't really a hard limit, but after those two you can expect a more serious question about your situation/intent on any application, because really if you have been consistently out of the country for 5 years your intent to be a resident is getting a little hazy here.
|
|
#
?
May 25, 2016 16:55
|
|
|
That is very useful info, thanks!
|
|
#
?
May 25, 2016 19:21
|
|
|
I helped my wife apply for an adjustment from the restricted green card to the full one and we got a letter a while ago explaining that her residency was extended for a year past the expiration date, etc. What happens if they're not done processing it by then? Is that something that's likely to happen?
|
|
#
?
May 26, 2016 00:28
|
|
|
Make an appointment at your local field office and they will put a stamp in her passport extending it further.
|
|
#
?
May 26, 2016 00:46
|
|
|
If I'm a Canadian citizen who shows up at the US border with a contract of employment for a US company, do I get a visa? I work for a Canadian company who also exists in the US, and the goal is to move to the US but continue working for said company (by becoming an employee of Company USA). From what the CEO and CFO have told me in our discussions, they have done this with a few other employees: -One somehow stayed employeed with Company Canada, working remotely in the US. I'm not sure but I think she may have moved down there with her husband, who potentially had a more concrete reason to move down and thus obtained the visa that way -One who did become an employee of Company USA in order to continue to receive health coverage CFO has also just done this in the path (show up at the border with a letter) but was a physiotherapist at the time so I suspect she got in with a TN visa. My profession is not on the NAFTA list for that. In my searching, the only business visas that seem to fit the situation are the L-series, but those sound like the company has to first initiate the process and get everything approved prior to sending the employee down. Am I misreading how those visas work or have I missed some other option that would work more easily for everyone? e: Looks like I missed how NAFTA factors in to L-1B applications for Canadians! Pleads fucked around with this message at 20:08 on Jun 13, 2016 |
|
#
?
Jun 10, 2016 22:15
|
|
|
What's the deal with accepting a job or starting work if you have a work permit but the SSN is in process?
|
|
#
?
Jun 21, 2016 20:25
|
|
|
It's basically up to your prospective employer. Technically, the only thing that is 'required' for employment is completing the I-9, and the SSN is optional on that form unless the employer is using the E-verify system. The EAD is a List A document, so you do not need to provide your Social Security Card when verifying your identity and work authorization. So in theory there is nothing wrong with working without providing your SSN or a copy of your card. Practically speaking, you are probably going to hit a wall on most company's HR process when they don't have that information, especially in terms of running payroll. If the SSN has been applied for, then explaining the situation and asking to either delay the start date or possibly complete the I-9 and start working and provide that information as soon as you have it.
|
|
#
?
Jun 21, 2016 20:54
|
|
|
Is there any sort of sponsorship which exists for brothers\sisters over 18? I heard there was some sort of long term application for this like 10+ years? True or false, if true, can you point me in the correct direction.
|
|
#
?
Jun 22, 2016 20:47
|
|
|
If you are a US citizen, you can file a family-based petition for your brothers and sisters: quote:If the family member of the U.S. citizen is not an immediate relative, then the U.S. citizen may still be able to sponsor them via what is called a “family preference category.” Eligible relatives include: This is the lowest preference category for family-based applications (FB4) which means that there is a big backlog of people waiting for visa numbers. For most of the world, people who had their applications filed in 2003 are just getting in; if you are unfortunate enough to be from Mexico or the Philippines, the wait is even longer - 1997 and 1993 respectively. You can monitor the visa bulletin that broadcasts the dates.
|
|
#
?
Jun 22, 2016 20:55
|
|
|
Thank you! I don't expect the thing to happen quick, it's one of the apply and see what happens type things.
|
|
#
?
Jun 22, 2016 23:06
|
|
|
Had my interview, got approved!  I was told it'd be about 8 days (but possibly more as this is a long weekend in Quebec...plus Canada day and Independence day next week) Check the news and see Canada Post is talking about going on strike as early as July 2 and it'll be potentially a long one. The consulate uses Canada Post to courier back your passport + immigration package. 
|
|
#
?
Jun 23, 2016 19:35
|
|
|
How easy would it be for a 30 year old fully qualified English electrician with the following qualifications and experience to apply for and be accepted as a U.S. Citizen: - City & Guilds NVQ Levels 2 and 3 Apprenticeship and both Technical Certificates. - City & Guilds 2394-01 Initial Verification Level 3. - City & Guilds 2395-01 Inspection and Testing Level 3. - City & Guilds 2396-01 Design and Testing Level 4. - EDEXCEL National Diploma in Electrical/Electronic Engineering Level 3 - Higher National Diploma in Electrical/Electronic Engineering Level 4 (I am told that this is the rough equivalent of an Associates Degree in the U.S.) - 6 years experience as a Domestic, Commercial and Industrial Electrician with competences in the design, installation, commissioning, testing and maintenance of Electrical Installations, including some Motor and Generator calibration experience and telecoms work. I am entirely ignorant on U.S immigration policy. I have no idea if they operate a points based system where desired skills and qualifications receive weighted consideration. Thus I ask if it would even be worth my time applying with my qualifications and experience, and how easy the process would be in general.
|
|
#
?
Jun 25, 2016 17:49
|
|
|
US immigration doesn't have a points system, it relies almost entirely on sponsorship from a willing employer. So even if you are in a field where you might be wanted and needed, you generally need to have an employer prepared to sponsor you through the process. The exception to this being people who are so high in their field they essentially don't need any backing. In your case you would need to start with a willing employer, and then you would need to see if your credentials qualify you for various visa types. You might want to get an educational evaluation - the most common work visa is the H-1B, but it essentially requires a bachelor's degree to qualify.
|
|
#
?
Jun 26, 2016 02:35
|
|
|
I tried searching around for this information but was unable to find it. If I sponsor a brother or sister under I-130 F4 category. When they are approved after the 10+ years, would they they then add their family to the immigration process? or would they need to become a permanent resident, then naturalize and then sponsor them under a family sponsorship? I don't see any information about the I-130 F4 category having kids. Anyone know what form would be next after I-130? Also, by the time the F4 gets approved, what if their kids are like over 21? lol internet. fucked around with this message at 06:43 on Jul 16, 2016 |
|
#
?
Jul 16, 2016 06:33
|
|
|
Generally a preference category immigrant (like an F4) can bring their spouse and/or children. The term you may want to use when searching for more info for this is "derivatives." You should find information of your second issue by looking at "aging out" and the Child Status Protection Act.
|
|
#
?
Jul 16, 2016 12:38
|
|
|
Manifest Dynasty posted:Generally a preference category immigrant (like an F4) can bring their spouse and/or children. The term you may want to use when searching for more info for this is "derivatives." Thanks, will continue the research.
|
|
#
?
Jul 16, 2016 19:17
|
|
|
I got my green card today. My initial application was sent to USCIS in January. I did my interview just over a week ago. That was an adventure, because after I got my work authorization in May, my wife and I moved to Florida. We put in a change of address in mid May, but despite everything being sent to us in Florida, the interview was still scheduled for Detroit. I asked our lawyer about changing the interview location, but she recommended against it. Apparently that would have put us at the back of the line, and files tend to be "mistreated". So that meant taking a week off work and driving to Detroit and back (though we did stop in Dayton Ohio at the Air Force Museum, which is just awesome.) all for a 25 minute interview. The interview was easy, despite me being nervous. The interviewer was nice enough, not trying to intimidate us or trick us. This process wasn't a fun adventure. And I'm glad I took Ashcans' advice and got a lawyer. There's no way I could have gone through that on my own, despite my initial thoughts. I'm just glad it's over with for the next couple years, until I need the provisions lifted. I can't imagine going through this without a lawyer and/or not having English as a first language. That system really needs a major reform. Anyway, thanks to everyone in the thread for advice and information. And having questions answered.
|
|
#
?
Jul 16, 2016 23:35
|
|
|
Congrats St_Ides. I'm really glad it worked out for you. Dealing with all the immigration stuff is really a huge hassle at best, but at least you're over the hardest part now. Just remember that you need to file to remove conditions on your permanent residency as soon as you can but no sooner than 90 days before it expires. They're about 10 months to a year behind on processing those at the moment (we're still waiting for our submitted last November), so you don't want to wait until the last moment to get that in.
|
|
#
?
Jul 16, 2016 23:53
|
|
|
Our lawyer has assured us that they'll be taking us through that part too, so they'll be contacting us and helping us out. The lawyer hasn't been perfect, but she's been a big help.
|
|
#
?
Jul 16, 2016 23:58
|
|
|
Glad to hear you got your card, even if you had to make a road trip for it! Florida Betty is right, the hard part is over. The I-751 is usually pretty simple as long as you're still filing together at that point. I agree that navigating immigration is a mess. I wish that there was any hope of getting a comprehensive immigration reform moved forward to improve so many of these processes, but I'm coming up on ten years doing this and there's no sign of progress in that regard.  There is a lot more information and guidance available publicly than when I started, but it has also gotten worse in a lot of ways too. It's always nice when someone makes it through!
|
|
#
?
Jul 17, 2016 23:52
|
|
|
I'm doing my adjustment of status on 1/1/17 and that, according to my estimated dates, is 10 days after I'm gonna have a baby. Our plan is to just have all the paperwork ready then add the info like date of birth of child, birth certificate if available etc and send it in as soon as we can. We recently bought a house and tbh I'm not sure what else we could be doing to be more clear that we're a legit marriage so that is kinda nice, our finances are all merged and we jointly filed taxes etc. Just gotta wait it out now.
|
|
#
?
Jul 19, 2016 16:44
|
|
|
|
| # ? May 11, 2024 21:20 |
|
|
Thoughts on the large "USA EXPRESS VISA DOT COM" services vs a named law firm for processing more complex applications? It looks like it'd be around $3,500 CAD for an L-1B application from the "big box retail" equivalent vs $6,000 USD from a named firm one of our local contacts referred us to. The forms themselves obviously don't change. It's likely the attention to detail in the supporting letters and things like that where the difference would show, right?
|
|
#
?
Jul 21, 2016 20:47
|
|