What is the procedure for me to get my Green Card after the Form I-140 is approved

Question: My Form I-140 application is still pending, and I may need to go back to my home country to work for a short time. What is the procedure for me to get my Green Card after the Form I-140 is approved if I am outside of the U.S.? Answer: The Consular Processing is a method that you can apply for an immigrant visa at a U.S. consulate overseas after your Form I-140 petition is approved and you are not in U.S. If the Form I-140 petition is approved and you are not in the United States, the USCIS will send the approved Form I-140 petition to the National Visa Center of Department of State. The National Visa Center will send you a notice of receipt. When an immigration visa numbers are available for your classification, the National Visa Center will send you another notice indicating when you should submit the immigrant visa processing fees and supporting documentation. The supporting documentation may include: 1) a copy of Notice of Approval; 2) a copy of your filed I-140 petition; 3) a copy of Notice of Receipt of the I-140 petition; 4) a copy of your valid passport; 5) any criminal history records; 6) a copy of your birth certificate; 7) a copy of your marriage certificate; 8) copies of birth certificates of your children and spouse. After your fees and supporting documentation are received by the National Visa Center, they will send you a packet of forms and instructions to your foreign address. Thereafter, after submission of those forms, the U.S. consulate near your foreign address will send you an appointment letter including instructions for the medical exam, and it will indicate when you must appear at a U.S. consulate for an interview. After the interview, the U.S. consular will review your application, and decide either granting your visa or requesting the USCIS to reconsider your petition. http://www.greencardapply.com/question/question14/Consular_Processing_0621.htm http://www.greencardapply.com/i485.htm

Difference between the Request for Evidence and Notice of Intent to Deny?

What Is the Difference between the Request for Evidence and Notice of Intent to Deny? Question: I recently get a letter of "Notice of Intent to Deny" from USCIS for my Form I-140 application. What is the difference between the Request for Evidence and Notice of Intent to Deny? Answer: A Request for Evidence (RFE) from a USCIS Service Center is that the USCIS adjudicator is requesting additional evidence to address and support specific parts of the pending I-140 petition. The petitioner may have certain days indicated in the RFE notice to respond the requests in the RFE notice. If the petitioner does not respond within the indicated time, the petition may be denied by USCIS. After USCIS receives your response to an RFE notice, further action will generally occur within 60 days, but may take longer for some cases. A Notice of Intent to Deny (NOID) is that the USCIS adjudicator is giving notice that USCIS will deny the pending case, unless you provide certain extra documentation. The petitioner may have certain days indicated in the NOID notice to respond. If the petitioner does not respond within the prescribed period, the petition may be denied. Once the USCIS receives your response to an NOID, further action will generally occur within 60 days, but may take longer. http://www.greencardapply.com/question/question14/Intent_To_Deny_0622.htm http://www.greencardapply.com/rfe.htm

requirements for multinational executives and managers under the EB1 first preference

The basic requirements for multinational executives and managers under the EB1 first preference are as follows: a) the alien must have been employed outside the United States in a managerial or executive capacity for at least one year in the three years prior to the filing of the petition; b) if the worker is currently in the U.S. working for the same prospective U.S. employer, the three year period is the time preceding his or her entry to the U.S. as a non-immigrant; c) the foreign employer must have been the same employer, an affiliate or a subsidiary of the prospective U.S. employer; d) the alien must be coming to the U.S. to work in an executive or managerial capacity; and e) the prospective U.S. employer must have been doing business for at least one year. This means that a multinational executive or manager is the one who has been employed outside the U.S. in a managerial or executive capacity for at least one of the three years immediately preceding the filing of the petition. The U.S. employer must file the petition for the manager or executive. The petition must be accompanied by a statement from the U.S. employer affirming all of the pertinent requirements, including a description of the job duties to be performed by the foreign executive/manager in the United States, the job duties performed by the foreign executive/manager abroad, and the periods of employment by the foreign executive/manager abroad. http://www.greencardapply.com/manager/eb1c-requirement.htm http://www.greencardapply.com/manager.htm

The Requirements for Multinational Executives and Managers Under the EB1 Immigrant Category

1. The Requirements for Multinational Executives and Managers Under the EB1 Immigrant Category To qualify for a Green Card as an EB1 Multinational Executive or Manager, the foreign worker must show that he or she was employed by a company affiliated with the current U.S. employer as an executive or manager outside the U.S. for at least one year out of the three years before the transfer to the United States. The requirements for multinational executives and managers under the immigration first preference are similar to those for executives and managers under the L-1A non-immigrant subcategory. A non-immigrant worker under L-1A status may generally qualify under the immigration first preference category. However, there is no such equivalent of immigration first preference category for the specialized knowledge L-1B workers. http://www.greencardapply.com/manager/eb1c-requirement.htm http://www.greencardapply.com/manager.htm

The National Interest Waiver or NIW

The National Interest Waiver or NIW, is an employment-based, second preference immigration application. It is so named because it asks that the otherwise required Labor Certification requirement be waived "in the U.S. national interest." For applicants with an advanced degree - masters or above, there are three ideal options to apply for a Green Card. These options are in different classifications of Employment-based (EB) immigration, including: · EB1A: Aliens with Extraordinary Ability in science, art, and business (or EB1-EA); · EB1B: Outstanding Researchers and Professors (or EB1-OR); · EB2 NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver of Labor Certification in National Interest (or NIW). Many talented scientists and researchers should have better chances when they apply for an attractive job position. However often times, they failed just because they do not have a U.S. Green Card. Some people with advanced degree do not know how to apply for U.S. Green Card in above three preferred immigration categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy for people who may qualify for one of the above three ideal immigration classifications. To qualify for EB2 NIW, an alien applicant needs to demonstrate that his or her work is in the National Interest of United States, and the alien applicant should have an advanced degree and have exceptional ability in sciences, arts or business. The National Interest Waiver Green Card application can either be filed by an alien applicant, or be sponsored by a U.S. employer. An alien applicant may also file additional Green Card applications in other categories, while a National Interest Waiver application is pending. http://www.greencardapply.com/niw/what-is-niw.htm http://www.greencardapply.com/niw.htm

The Outstanding Professors or Researchers EB-1 Subcategory

1. The Outstanding Professors or Researchers EB-1 Subcategory If a foreign national has an international reputation for being outstanding in a particular academic field, that person may, with an offer of work from a U.S. employer, qualify for a Green Card as a priority worker within the outstanding professors and researchers subcategory. The foreign national will have to show at least three years experience at either teaching or research in the relevant academic field. The job offer for which the applicant is coming to the U.S. must be a specific tenured or tenure-track teaching or research position at a university or an institution of higher learning. Or, if the position is at a research organization, it must be a permanent position - showing permanence can be a bit dicey in cases where the position is based on grant money that will run out in a year, but this can be overcome by showing that the employer intends to seek continued funding and that a reasonable expectation of success exists, such as a track record of renewed funding. Not every type of employer can make use of this visa category. It must be a qualified employer, meaning either a university or institution of higher education or a department, division, or institute of a private research entity with at least three full-time researchers on staff. The private U.S. employer will also need to show a history of making significant achievements in research. http://www.greencardapply.com/or/outstanding-researcher.htm http://www.greencardapply.com/or.htm

determine the most appropriate type and fast route to obtain a U.S. Green Card

Obtaining a U.S. Green Card for a priority worker is typically easier than doing so in some of the other employment-based visa categories. The reason is that the employer does not need to start out by attempting to recruit U.S. workers for the job and then seeking Labor Certification (confirmation that no such workers are available) on the employee. The Labor Certification process tends to take many months and involve staggering complexity. In fact, within the subcategories for workers of Extraordinary Ability and National Interest Waiver, the foreign national does not even need a job offer from a U.S. employer at all. Some people with advanced degree do not know how to apply for Green Card in above three preferred categories, but instead, these people apply for a Labor Certification. However, choosing Labor Certification is not the best strategy and quicker way for people who may qualify for one of the above three ideal immigration classifications. An alien should determine the most appropriate type and fast route to obtain a U.S. Green Card. By using the Form I-140 of USCIS (United States Citizenship and Immigration Services), each type of above EB Form I-140 application requires different kind of evidence. Some aliens may qualify for more than one immigrant categories of EB1 or NIW. http://www.greencardapply.com/ea/extraordinary-ability.htm http://www.greencardapply.com

Three Ideal Options for a Green Card Application

1. Three Ideal Options for a Green Card Application Some alien applicants can be exempted from the Labor Certification application requirement, by their extraordinary ability, outstanding research, or their job positions as multi-international executives or managers. Foreign workers with extraordinary ability, outstanding professors and researchers, and transferring executives and managers all receive high priority for U.S. Green Cards. Priority workers fall into the first preference category of U.S. employment-based visas. A visa in this context actually means a Green Card, or lawful permanent residence. Technically speaking, an immigrant visa is what the applicant needs in order to enter the U.S. and become a Green Card holder. Aliens of Extraordinary Ability may be eligible for a First Employment-Based Preference (EB-1A or EB1-EA). A Green Card applicant with extraordinary ability in the arts, sciences, education, business or athletics is eligible for treatment as a priority worker in the EB1 immigration category. For alien applicants with an advanced degree - masters or above, there are three ideal options to apply for a U.S. Green Card. These options are in different immigration classifications in Employment-Based (EB) immigration, which include: · EB-1A: Aliens with Extraordinary Ability in the Sciences, Arts, Education, Business or Athletics (or EB1-EA); · EB-1B: Outstanding Researchers and Outstanding Professors (or EB1-OR); · EB-2 NIW: Members of Professions Holding Advanced Degrees Applying for a Waiver of Labor Certification in National Interest (or NIW). http://www.greencardapply.com/ea/extraordinary-ability.htm http://www.greencardapply.com

work for my L-1B employer after my H-1B status approval

Question: Currently, I am working on a L-1B visa in U.S. I had applied for my H-1B visa through another consulting company, because my L-1B employer would not sponsor my Green Card application. I have got my H-1B status application approved yet. In addition, given the current situation, I am not planning to resign from my present company where I am working with L1B visa, until I get he H-1B approved through the consulting company. My question is: can I continue to work for my L-1B employer after my H-1B status approval? Please help me. Answer: Many people with an nonimmigrant status in United States sign up with another company and have no idea what their obligations and responsibilities are. These people may think "I want an H-1B status or visa because of the Green Card application and my L-1 employer would not sponsor me." But H-1B visa or status are not supposed to be obtained as an option for employment at some point in the future convenience of Green Card application. The H-1B petitions are supposed to be filed for specific job openings, not speculative employment. If a H-1B application is filed in United States for requesting "Change of Status" and the alien applicant is given a Form I-797A with new I-94 card at the bottom, as opposed to Form I-797B with a request for U.S. Consular Notification abroad. After the H-1B status change approval in United States, the alien applicant can only work for the H-1B employer, and can no longer work for the L-1B employer. In another words, an alien worker definitely cannot have 2 nonimmigrant status (L-1B and H-1B in this case) in the U.S. at the same time, although an alien can potentially have 2 H-1B employers at the same time. http://www.greencardapply.com/question/question14/L1B_Change_H1B_0512.htm http://www.greencardapply.com

can I apply for O-1 visa as an alien of extraordinary ability in the arts?

Question: I am an well recognized Costume Designer, can I apply for O-1 visa as an alien of extraordinary ability in the arts? Thank you. Answer: When applying for an O-1 visa as an alien of extraordinary ability in the arts, the alien applicants should make sure that their work fits the immigration law’s definition of art. The USCIS regulations define the art very broadly, which includes "any field of creative activity or endeavor such as fine arts, visual arts, culinary arts, and performing arts." The alien applicants engaged in the field of arts include the principal creators and performers, and also essential persons such as directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume designers, makeup artists, flight masters, stage technicians, and animal trainers. The O-1 visa applicants must come to the United States to perform in the area of extraordinary ability. They must be recognized as prominent in the field of endeavor. To demonstrate such recognition, the alien applicant need to supply documents showing that he / she has been recognized for the contribution in the field. http://www.greencardapply.com/question/question14/O1_Extraordinary_Ability_Arts_0513.htm http://www.greencardapply.com

I need to bring my wife from a foreign country to United States

Question: As a U.S. citizen, I need to bring my wife from a foreign country to United States. We have married 6 months in her country. I will file Form I-130 soon for her immigration visa number application. Do I need to file Form I-129F for her K-3 visa after the Form I-130 approval? Answer: The purpose of the K-3 visa category was used to provide a faster avenue for the immigration of spouses of U.S. citizens, if the foreign national resided abroad. The K-3 visa application requires both Form I-130 and Form I-129F filing. The K-3 nonimmigrant petition for the spouse of a U.S. citizen must be preceded by the filing of the I-130 immediate relative petition. There is no need to wait for a decision on the I-130 to file Form I-129F, it must simply be filed. The K-3 case is filed using Form I-129F, as is the K-1 for fiancé/fiancée. Prior to the creation of the K-3 category, the only option was the I-130 petition for immediate relative. The processing times for I-130s, combined with the waiting times for interviews at the consulates, often left couples separated for more than a year. The K-3 processing with Form I-129F was supposed to be much faster than the I-130 approval, and thus, was an attractive option for many couples in this situation, and the U.S. citizen's spouse can wait for the Form I-130 result inside the United States. http://www.greencardfamily.com/question/question2014/K3_Citizen_Spouse_0519.htm http://www.greencardfamily.com

Form I-130 for my spouses and minor children

Question When I filed Form I-130 for my spouses and minor children several years ago, I was U.S. permanent residents. About 6 months ago, I naturalized to U.S. citizenship and relocated to another state. But for near one year, I never got any message from USCIS, for my pending I-130 case. Do you know what is wrong? and what should I do? Answer: For family-based immigration, the Family 2A category is for spouses and minor children of U.S. permanent residents. The immigration visa number's waiting time could be long for this category - sometimes waiting for several years. Thus it is difficult for USCIS or DOS to communicate with petitioning relatives who have since relocated. Also, for some cases, USCIS may issue Request For Evidence (RFE) notice for cases that have not been approved. When so much time has elapsed since the Form I-130 petition was initially filed, USCIS' mails may go to addresses that are long-since out of date. Many Form I-130 petitioners frequently are unaware of the need to update USCIS records when they change addresses. This is often the case for some petitioner who have forgot to file Form AR-11 to notify the USCIS for address change. This is particularly so for U.S. citizens who are no longer subject to Form AR-11change-of-address requirements, since many I-130 petitioners filed as permanent residents, but naturalized to U.S. citizenship after filing. Therefore, USCIS always wishes to remind petitioners of the need to update the USCIS records regarding address changes. http://www.greencardfamily.com/question/question2014/Form_AR11_Address_Changes_0520.htm http://www.greencardfamily.com