Is It True that the Conditional Green Card Will Expires after Two Years?

Is It True that the Conditional Green Card Will Expires after Two Years? Question: My son and I have U.S. Green Card based on my marriage to U.S. citizen husband. We are now conditional permanent residents. Is it true that the conditional Green Card will expires after two years for my son also, unless necessary steps are taken? Answer: Because of the concern of the marriage being likely to be shams, U.S. Citizenship and Immigration Services (USCIS) will review the validity of the marriage based Green Card, by initially making the new immigrant a "conditional," not "permanent" resident. Aliens who obtain permanent residence (Green Card) based upon a petition filed by a U.S. citizen spouse may be subject to conditional residence status for two years. The conditional residency will expire after two years. Before the expiration date, the immigrant will have to apply for permanent status. The application process involves proving that the marriage is ongoing, and supplying further proof that the couple is truly establishing a life together. This also means that the conditional Green Card will expire after two years, unless the Form I-751 is filed and approved. This allows the USCIS to double check and reassess whether the marriage was real at the time of its inception. This same conditional grant of permanent residence is extended to children who obtain permanent residence based upon the marriage of that parent to a U.S. citizen, when the marriage is less than two years in duration. If the parent's marriage is not real, then the children of the alien can not obtain any immigration benefits as the result of the marriage. http://www.greencardfamily.com/citizenspouse.htm http://www.greencardfamily.com/question/question2015/Conditional-Green-Card_013115.htm

Do I Remain in J-2 Status after My Marriage to the J-1 Husband Is Terminated?

Do I Remain in J-2 Status after My Marriage to the J-1 Husband Is Terminated? Question: My husband is in J-1 status, and I was admitted to the U.S. with J-2 visa. My husband and I now have a separation, and we do not plan to live together as husband and wife ever again. However, we have not gone through the legal divorce process. Am I still in valid J-2 status? Answer: Normally, physical separation or legal separation, a separation formalized by a court, of married parties does not constitute a legal termination of a marriage. This is the case even in circumstances where each party of the marriage has no intention of residing with each other again. However, in some instances, a legal separation may be considered a legal termination of a marriage for immigration law purposes. This occurs when the law of a state or country converts legal separations automatically into divorces after a period of time. You will remain in J-2 status until your marriage to the J-1 holder is terminated. Your physical separation from your husband should not influence your J-2 status. http://www.greencardfamily.com/question/question2015/J2-Status_020115.htm http://www.greencardfamily.com/index.htm

What Documents Should Be Used for EB-1C Multinational Executive or Manager Petition?

What Documents Should Be Used for EB-1C Multinational Executive or Manager Petition? Question: I am a L-1A visa holder for 2 years, and want to apply for Green Card in the category of EB1 Multinational Executive or Manager petition (EB-1C). How difficult is it to have EB-1C petition approved? What eligibility criteria and documents should be used in the case of EB-1C Multinational Executive or Manager petitions in Form I-140? Answer: The burden of proof in EB1 Multinational Executive or Manager petition (EB-1C) rests solely with the petitioner. The petitioner has to provide substantial evidence of the U.S. employer and the alien employee's position and duties. If an alien beneficiary is qualified for EB-1C petition with Form I-140, the probability of an EB-1C petition's success depends largely on the way the case is presented by the U.S. employer. If the evidence is relevant and well presented, and the argument is made persuasively, then the case should be approved routinely. The EB1 Multinational Executive or Manager petition should include the follow documents: 1) provide evidence and a cover letter that describes the name of the foreign employer; 2) the position offered in the U.S.; 3) the position held abroad and the years of employment as well as the date the beneficiary transferred to the U.S.; 4) state the claimed relationship between the foreign employer and the U.S. petitioner, i.e. affiliates, subsidiary, joint venture etc.; 5) provide evidence that the U.S. employer has been doing business for at least one year prior to the filing of the petition. http://www.greencardapply.com/question/question15/EB1C-Eligibility_020115.htm http://www.greencardapply.com/manager.htm

The Advantages of O-1 Visa over H-1B Visa?

The Advantages of O-1 Visa over H-1B Visa? Question: My employer is now considering to apply O-1 visa or H-1B visa for me, because the less H-1B visa quota each year. What are the major advantages of O-1 visa over H-1B visa? Can my wife work in U.S. legally if I am in the O-1 status? Answer: The O-1 visa and H-1B visa have some common requirements and characteristics. The H-1B visa allows the alien professionals in specialty occupations to work for a U.S. employer within 6 year limit. H-1B visa holders often work in fields including engineering, mathematics, science, biotechnology, and businesses. The O-1 visa is a working visa for aliens of extraordinary ability in the sciences, arts, business or athletics. The extraordinary ability can be proved with the evidence such as scholarly publications or proof of high salary that they are at the top of their respective field. An alien applicant seeking an H-1B visa may also be able to qualify for an O-1 visa, if they can provide the necessary documentation of their extraordinary ability. For the advantage of O-1 visa, there is no annual cap on the number of O-1 visa petitions the USCIS can approve each year, and there is no maximum number of years one can stay in O-1 status. Unlike H-1B, an O-1 visa petition does not require the Labor Condition Application (LCA) to be filed with the U.S. Department of Labor (DOL). However, an O-1 filing requires that aliens with extraordinary ability in arts to obtain an advisory opinion from a relevant peer group, which may sometimes be difficult to identify. Also, both H-1B and O-1 require an offer of employment, and O-3 visa dependents are not allowed to work in the U.S. http://www.greencardapply.com/question/question15/O1-Visa-Advantages_013115.htm http://www.greencardapply.com/o1visa.htm

Will the Job Change and New Job Title Affect My Pending Form I-485 Application?

Will the Job Change and New Job Title Affect My Pending Form I-485 Application? Question: My employer sponsored Form I-140 petition and Form I-485 application for me after the PERM Labor Certification was approved. The Form I-485 application for status adjustment has been pending for more than 180 days. Because the employer's business slow, I changed my job using the AC-21 rule after the 180 day of Form I-485 pending. My new position gives me a different position title, with the same duties as the job described in the PERM Labor Certification form the previous employer. Will the job change and new job title affect my pending Form I-485 application? Answer: The AC-21 rule's determination is governed by duties of the job rather than the job title, because the job titles often differ between companies, even for very similar positions. The AC-21 rule uses the terminology of "same or similar job classification." The alien employee's duties listed for the original job offer should be compared with the job duties of the new position to determine within which category he or she may fall. The job categories from Department Of Labor (DOL) are generally fairly broad. In many situations, this does not present a significant problem. It is important to know that the job duties are generally important, not the specific job title. http://www.greencardapply.com/question/question15/I485-AC21-Rule_011715.htm http://www.greencardapply.com/i485.htm http://www.greencardapply.com/perm.htm

Important Differences between the Labor Certification and the Employment Authorization Document (EAD)

Important Differences between the Labor Certification and the Employment Authorization Document (EAD) Question: My employer recently filed Labor Certification for me. Since my wife needs the work permit to work in U.S., can we use the approved Labor Certification for her to work in the United States? or what is the difference between Labor Certification and the Employment Authorization Document (EAD)? Answer: The Labor Certification is an immigration process step. Its goal is to "protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigrant visa classifications are not displacing equally qualified U.S. workers". The Labor Certification is a process of proving that there are no qualified U.S. workers for the position being offered. If there are qualified U.S. workers, then the alien worker cannot be offered the position on a permanent basis. The Employment Authorization Document (EAD) gives the alien beneficiary authorization to work for any U.S. employer. The Labor Certification itself does not give the alien beneficiary any work authorization. Also, the alien worker must have a job offer from a U.S. employer in order for the employer to file the Labor Certification. A U.S. employers file the Labor Certification application at the beginning of the alien employee's immigration process. However, an alien worker file the EAD application for himself/herself and spouse at the last step of the immigration process, with the adjustment of status or Form I-485 application. A Labor Certification is typically for a particular U.S. employer who files the Labor Certification with the Department Of Labor. But an alien worker can use an EAD to work for any U.S. employer. Also, the law forbids alien workers from paying any of the costs associated with an Labor Certification, but alien workers are allowed to pay any and all of the costs associated with the EAD application with USCIS. http://www.greencardapply.com/question/question15/Employment-Authorization-Document_011815.htm http://www.greencardapply.com/i485.htm http://www.greencardapply.com/perm.htm

Reference Letters for EB2 National Interest Waiver Petition

USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition The USCIS adjudicators normally do not understand the alien applicant's work and contributions in the field, and they do not have the alien's expertise. Thus, the only way for them to determine whether a case may qualify the EB2 National Interest Waiver regulation requirements is by reviewing the submitted objective evidence. Based on our experience, people from government agencies, universities, and think tanks are the more prestigious reference letter writers for EB2 National Interest Waiver petition, and the recommendation letters or reference letters from U.S. government officials are especially helpful. As indicated at USCIS' National Interest Waiver adjudication regulations, recommendation letters or reference letters from U.S. government officials and government agencies attesting to the U.S. national interests which will be served by the alien's permanent residence will greatly increase the successful chances for a national interest waiver application case. When USCIS evaluates the statements in the reference letter, the relationship between the alien applicant and the reference letter writer is also an important considering factor. USCIS expects that an alien beneficiary in the EB1 extraordinary ability caliber should receive recognition beyond the circle of personal and professional acquaintances. In some cases, the statements in the reference letters make general assertions about the alien applicant, and may indicate that the alien is a competent or a respected person, but the writers of the reference letters fail to support such statements with sufficient evidence. USCIS may consider such reference letters, but they do not necessarily show the alien’s exception ability. USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition http://www.greencardapply.com/ USCIS' View of the Reference Letters for EB2 National Interest Waiver Petition http://www.greencardapply.com/niw/niw-reference-letter.htm