My Form I-485 Application Is Pending, What Are the Risks for My Job Change? Hi William: My EB2 National Interest Waiver (NIW) based Form I-140 petition is my employer sponsored. After the EB2 NIW I-140 petition approved by USCIS, my Form I-485 application is pending for more than 180 days. If I want to change job now by using the AC-21 rule, can my employer harm my Form I-485 Green Card application case? and what are the risks for my job change? Answer: The U.S. employer does not control the Form I-485 application process, since it is filed directly by alien employee to USCIS, not filed by U.S. employer. If the Form I-485 application is based on the approved Form I-140 petition in which the employer is a sponsor, the employer can always withdraw or revoke the I-140 petition if they want. If the Form I-140 petition has been approved already, and the Form I-485 has been pending for 180 days, the employer can still revoke the approved Form I-140 petition. However, this does not prevent the pending Form I-485 case from being approved by USCIS. According to USCIS AC-21 rule, an approved Form I-140 petition remains valid once the Form I-485 application has been pending for more than 180 days, even if the employer requests the revocation of the Form I-140 petition. http://www.greencardapply.com/question/question14/Form_I485_AC21_Rule_1122.htm http://www.greencardapply.com/i485.htm

What May Happen for my Form I-485 application, if My Form I-140 Is Rejected? Hi William: I filed a concurrent Form I-140 and Form I-485 petitions in EB2 National Interest Waiver (NIW) immigration category several months ago, as self-petition without my employer's sponsorship. Now, I get a RFE (Request For Evidence) letter from USCIS for my Form I-140 petition, asking for more supporting materials and evidences for my work's benefits for U.S. national interests. Please let me now what may happen for my Form I-485 application if my NIW Form I-140 is rejected after the RFE response? Answer: The concurrent Form I-140 and Form I-485 petitions are supposed to permit the alien applicant a number of benefits, including availability of work permit card (EAD), advance parole for international travel, and similar benefits to the accompanying family members. Under the U.S. immigration law, the Form I-485 application remains intact unless it is denied as separate from the denial of Form I-140 petition. To prevent the abuse of concurrent Form I-140 and Form I-485 filing, the USCIS instructed its Service Centers to deny all the accompanying applications including Form I-485, Form I-485A, From I-765, and Form I-131 simultaneously, when the USCIS Service Centers deny the underlying Form I-140 petition. http://www.greencardapply.com/question/question14/Concurrent_I140_I485_Petitions_1123.htm http://www.greencardapply.com/i485.htm

Use the Publication Citations as Strong Evidence for Your Green Card Application Question As a post-doctor researcher at a U.S. University for more than 3 years, I plan to apply for Green Card in both EB1-Extraordinary Ability (Alien of Extraordinary Ability) and EB2 National Interest Waiver (EB2 NIW) immigrant visa categories with the help of your Green Card DIY application packages. I have over 30 citations for my publications. How could I use my citations as strong evidence for my Green Card application? Answer: When evaluating alien's publication citations and an alien’s research work, U.S. Citizenship and Immigration Services (USCIS) will determine the significance of the alien’s original contribution to the field that resulted in the citations. To use the citations as strong evidence for EB1 or EB2 NIW Green Card application, the alien applicant should establish the publication's circulation and intended audience. Some citations, especially passing citations, do not suffice. Also, articles that cite the alien‘s work as one of multiple footnotes or endnotes are generally not “about” the alien‘s work. USCIS may not be persuaded that citations of an article authored by the alien beneficiary constitute published material about the alien‘s work. The alien applicant should include citation report from an online source (GoogleScholar, SciFinder, or the Web of Science). Citation record can help USCIS understand that the field has acknowledged the alien applicant's research, and original research contribution in the field. In some cases, inclusion of a lengthy list of referenced articles that often accompany published articles might be probative of the alien’s ability, because the alien’s contributions served as a significant, original contribution that spurred the subsequent references and citations. http://www.greencardapply.com/question/question14/Citations_GreenCard_Application_120714.htm http://www.greencardapply.com/ea.htm @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@

Is O-1 Visa a "Dual Intent" Visa? Can I Apply for U.S. Green Card in O-1 Status? Question: I am in United States in O-1 visa now for more than one year. Is the O-1 visa a "dual intent" visa like H-1B visa or L-1 visa? or can I apply for U.S. Green Card to become a permanent resident of the United States with O-1 status? Answer: The "dual intent" appears to be recognized by USCIS for O-1 extraordinary ability visa holders. While not statutorily recognized as "dual intent" visa like the H-1B visa and L1 visa, the O-1 visa applicants are not required to maintain a residence in the applicant's home country. The U.S. immigration regulations provide that the approval of a permanent Labor Certification or the filing of a immigrant preference visa petition should not be a basis for denying an O-1 visa application, or the extension of stay for O-1 visa holders. However, the "dual intent" provision does not apply to O-2 visa applicants. Unlike the O-1 extraordinary ability nonimmigrant visa, the O-2 visa applicants must satisfy that he or she has a residence abroad, and no intent to abandon that residence in their home country. While an O-1 visa applicant does not have to have a residence in the home country which he or she does not intend to abandon, there must however be an intent to remain on the O-1 visa. Therefore, the foreign national may legally come to U.S. in O-1 visa, and depart U.S. at the end of the authorized stay, and at the same time, seek to apply for U.S. Green Card to become a permanent resident of the United States. http://www.greencardapply.com/question/question14/O1_Visa_Dual_Intent_120814.htm http://www.greencardapply.com/o1visa.htm

The Exceptions to Medical Examination Form I-693 Filing Requirement Question: I did the medical examination in my home country before getting the visa to enter the United States. Do I need to do the Form I-693 medical examination this time, when I file USCIS Form I-485 for adjustment of status in the United States? Answer: Generally, all aliens applying for USCIS Form I-485 for adjustment of status in the United States should file Form I-693 for medical examination. But if an alien applicant has already had a medical examination before as part of an immigration application process within the one year, the alien applicant may not need to do to the medical examination again. For example, if an alien applicant has already had a medical examination done before as a K visa holder or a V visa holder, the alien may not need to do the Form I-693 for medical examination again. Also, if the alien applicant is a refugee, he or she may not need not submit Form I-693 if he or she is applying for adjustment of status one year after the first admission in United States, and there were no medical grounds of inadmissibility during the medical examination in his/her home country. http://www.greencardfamily.com/question/question2014/I693_Medical_Examination_Exception_120714.htm http://www.greencardfamily.com/i485.htm

Can a Widow of U.S. Citizen Apply for Immigrant Visa with Form I-130 by Herself? Question: My friend came to United States last year and married a U.S. Citizen. But she became a widow before her husband could get time to file immigrant visa for her. Can she apply for immigrant visa to get Green Card by herself to stay in United States? Answer: If an alien spouse was married to a U.S. citizen, the alien spouse was in an especially good position to get a Green Card in the United States. Even if the U.S. citizen spouse died before filing the initial visa petition of USCIS Form I-130 for the alien spouse, or before the Form I-130 petition was approved by USCIS. For this kind of situation, the alien spouse may be able to carry on and file the immigrant visa petition of USCIS Form I-360 by herself or himself. Unlike other family beneficiaries, the alien spouse need not have an Affidavit of Support filed on her or him behalf for this situation. But there is a deadline to file the Form I-360. The alien spouse must file the Form I-360 petition no later than two years after the death of the U.S. citizen spouse. http://www.greencardfamily.com/question/question2014/Widow_Application_Form_I130_120814.htm http://www.greencardfamily.com/citizenspouse.htm