Archive for the ‘Immigrant Visas’ Category
When is it okay to change to a new employer during my employment-based green card process?
A person with a pending employment-based green card petition may change to a new employer once his/her I-140 immigrant petition is approved and the I-485 green card application has been pending 180 days or more. The individual must take a position with the new employer that is the same or similar to the position for which the green card petition was filed. If these elements are met, the green card petition can remain active and pending through the new employer.
The new employer and employee may choose to notify the immigration service of this change. Please note that if the I-140 immigrant petition is withdrawn before 180 days or the immigration service denies or revokes the I-140 approval at any time, the employment-based green card process will most likely result in a denial. Please contact our immigration law office if you have questions about your employment options during the green card process.
Tags: change employer, EB-2, EB-3, employment-based, green card, immigrant petition, permanent resident petition
Posted in FAQ Employment-Based Green Card, Immigrant Visas | Read More »
When do I need a joint sponsor for my marriage-based green card case?
As a general rule, the U.S. citizen petitioner in a marriage-based green card case must show the United States Citizenship and Immigration Services (USCIS) that he/she has sufficient income to ensure that the beneficiary-spouse will not become a public charge (i.e. need welfare benefits, etc.). This information is set forth on what is known as an Affidavit of Support, which is filed at the same time as the green card petition. The petitioner’s income must meet or exceed 125% of the Federal poverty guidelines indicated for petitioner’s household size. The Federal poverty guidelines are updated each year and published by the Federal government. The current guidelines are found at this link: http://www.uscis.gov/files/form/i-864p.pdf. For example, currently, for a household of two, the amount that a sponsor must meet or exceed is $18,212 per year.
If the petitioner cannot meet the income requirements for his/her household size, he/she must have a U.S. citizen joint sponsor for the green card petition, which is typically a family member or friend (although it can be any U.S. citizen willing to jointly-sponsor the beneficiary). The joint sponsor will sign a separate Affidavit of Support and attest that the beneficiary will not become a public charge. The petitioner’s Affidavit of Support and the joint sponsor’s Affidavit of Support will both be included in the green card petition, along with supporting documentation confirming the income stated. Examples of supporting documents include tax returns, recent paystubs, and a letter from the sponsor/joint sponsor’s employer verifying the person’s salary and employment. If you need assistance with your marriage-based green card petition or have any questions about the above joint sponsorship requirements, please don’t hesitate to contact our office.
Tags: green card, I-130, joint sponsor, marriage-based, permanent resident, spouse
Posted in FAQ Marriage-Based Green Card, Immigrant Visas | Read More »
May I have intent to immigrate in H-1B status?
The H-1B category allows for dual intent, which means both short-term nonimmigrant intent and long-term immigrant intent. H-1B status is a temporary status for an individual working in a specialty occupation (i.e. in a job that requires a degree or the equivalent). An individual who intends to hold H-1B status temporarily and then return to his/her home country has nonimmigrant intent. An individual who has the short-term intent to work in H-1B status and the long-term intent to live in the U.S. permanently has both nonimmigrant and immigrant intent (i.e. dual intent), which is permitted. Case law has held that the mere desire to obtain permanent residence in the future does not, by itself, automatically disqualify an alien from admission as a nonimmigrant. The United States Citizenship and Immigration Services (USCIS) recognizes dual intent not only for the H category, but for the L, O, P and E categories as well. Please don’t hesitate to contact our office if you have questions about dual intent or would like our assistance with your visa or green card petition.
Tags: dual intent, green card, H-1B, immigrant, immigrate
Posted in FAQ H-1B, H-1B, Immigrant Visas | Read More »
