Tag Archives: H1B

Applied for EB1A. Should I apply for J1 or H1B?

Question:

A quick question regarding my present situation. I did apply for EB1A (green card) about 3.5 months ago which is currently under review. Now I’ve been working as a Post Doc and my extended OPT is ending on 14th January. So, I wanted to apply for J1 in the mean time but our university international center is advising us that if I submit it now, then J1 would be denied because that’s a non-immigration visa. But my understanding is that J1 takes about suppose 2 months to process and by then I probably will get the green card application outcome. So if green card is approved everything would be fine, and if not, then I’ll still have the J1 pending. That way I would decrease the work authorization time lag.

Please let me know your opinion. My boss agrees with the international center and is saying that we should wait until green card result is given.

But to me, that’s uncertain and we should proceed with J1, especially when I know I can’t work beyond 14th January. So my question is whether or not there is any risk of submitting paperwork for J1 while my EB1A is pending. Please advise.

Thanks for your time!

 

Answer:

By applying for a green card, you have expressed an intent to immigrate. This would be in the records of USCIS. When you apply for J1, they may notice  this and deny the J1. The denial can occur irrespective of green card outcome, because your intent conflicts with J1 visa holder intent. So J1 is not a good option.

 
We suggest you should ask your university to sponsor you a H1b visa.
 
Best of luck
 

Pending I-140 travel on F1 or Advanced parole

Question:  I got my OPT 17 months extension in May 2013, and last month I applied for I-140 (NIW).  I’m planning to visit my country in near future, so I think it would be better to have H1 rather than  F1-OPT. I have following questions:
Q1: during the processing time of I-140, can I apply for H1 (academic by the University)?
Yes you can apply for a H1B, since the visa holder can posses immigration intent. However, you may not be able to extend an F1 or apply for a J1.
Q2: After obtaining H1 if I140 is still not approved can I go outside USA?
You can always travel outside the USA and reenter using a valid H1B visa. This will not affect your i-140 processing.  However you should get a visa H1B visa stamp at the US consulate in your country.
Q3:After obtaining H1, if I-140 is approved  before I travel outside, can I travel outside USA before applying for I-485?
Yes. Same as question 2.
Q4: After having H1, and if I-140 is approved , and if I applied for I-485 before I travel outside USA, do I have to apply for travel document while I-485 is processing?
In this situation you have two choices. You can apply for an Advanced Parole (travel document) and use it. This is safe since your i-140 is already approved. If you use the AP your legal status becomes “pending i-485” (parolee) and your non-immigrant H1B status is considered abandoned. For your work purpose you can apply for an EAD (in the pendingi-485 status) and use it as a work permit.
Second option is to use your H1B. If you want to use your H1B you should already have a stamp or get H1B stamped. In this case your status is still H1B.
Both are safe options. Most people prefer the former if their i-140 is already approved.

Impact of I-140 rejection on my husband’s H1 visa status

Question:

I plan to apply for a I-140 first and then I-485. My husband is on OPT now, and will be applying for H1 in April. If my I-140 is rejected, will this affect his visa status?

Thank you for your advice.

Answer:

The short answer is no. It won’t affect his H1.

But there is one avoidable scenario that can be a problem. Before the I-140 is rejected, if you happen to start using EAD’s from I-485 application, then the rejection will result in both of you becoming out of status. Since you don’t intend to apply for I-485 till I-140 is approved, this is not relevant to you.

Best of luck

Upset after talking to lawyers and seeking help to self-apply.

Question:

I am writing this email regarding one of my relative who is an engineer and has both masters and phd from US. He is upset after talking to lawyers. He is seeking help and would like to self-apply.

Can you guide him? Hope you are aware of the situation and recent changes, so please let me know how to proceed. He has a H1B and is a postdoc.

Answer:

Our website primarily evolved as a result of a similar experience (lawyers not really helping). Many times lawyers do not see that the petitioners work is important enough for either NIW or EB1a. As a result they say they won’t be able to help. Despite this, many people self-petitioning on their own and are successful. This is because as a PhD, a petitioner is a good judge of his/her work and the importance it carries. We have do-it-yourself packets and many people were successful using it.

Self-petitioning while working for a company with H1B visa

Question:

Hi,

I am interested in your do-it yourself package. I have some questions regarding the package.

1) I am a Ph. D. and now I am currently working for a company with H1B visa. Can I still self-petition?

Answer:

Yes. Please see USCIS requirements for self-petition and also the free e-book which has answers to common questions.

2) How recent of those examples in the package? I heard that it becomes more and more difficult to apply for a green card, is it true?

Answer:

The examples in the packet are based on a petition that was granted Green card in 2007. These packets were used by several successful people even during 2011.

Chances of converting into either H1 or Green card while on J1

Question:

I came across your informative web site about green card for PhDs, self-petition. I have two questions, if you don’t mind answering them,

1) I will be entering USA on a J1 visa for 2 years and what are my chances of converting it into either H1 academic or green card status?. Briefly, I have a Ph.D. in optical spectroscopy of semiconducting materials, and 5+ years of postdoc experience in experimental physics. Some key words are – Quantum dots, photovoltaics, laser physics, ultrafast laser spectroscopy, nanomaterials, Nanotechnology, with extremely good publication records in top rated high ranked international journals.

Answer:

1) Obtaining H1 depends on your employer. You need an employment with a University/ private company/non-profit to obtain H1 sponsorship.

With your background and experience you will be able to self-sponsor a Green card petition. You can either apply in EB1A or EB2-NIW categories depending on your petition evidence.

2) Once I enter USA on J1 visa, can I directly convert it to Green card status? Please help me with this.

Answer:

In order to apply for a Green card you need to obtain a J1 wavier from your home country first.

Q1:

I heard that, since I got my Ph.D. from Europe (and left my home country 12 years ago), I don’t need a waiver for home country return. Is that true?

Answer:

We think, you should be able to tell from your J-1 Visa stamp. On the J-1 visa stamp in the J-1 Exchange Visitor’s passport, there would be a phrase: “Bearer (is/is not) subject to section 212 (e). Two-year rule (does/does not) apply”.

Q2:

I haven’t applied for J1 yet. If I have to get this phrase, should I apply for a waiver now itself?

Answer:

No. You apply for waiver once you see what is written on your J1 visa.

Q3:

Many thanks. Some of my Ph.D. friends who went on J-1 got GC within a year or so. However, they had paid lot of lawyer fee, typically 5K USD! Your website suggests  that it is possible to get a GC without lawyers help. In my case, I will be applying for GC once I enter USA. Would you be willing to help me with this?, if yes, what’s your typical fee for a single person?

Answer:

Our website has example petitions (part of self-petition kit) you can purchase. We answer any questions that buyers have via email. We do not offer any other services. Several applicants were successful with this approach.

Applying under EB1A category while H1B visa expires

Question:

I am planning to apply for my green card in EB1 category as I have my PhD from USA and a record of several publications. My current employment will end by this month and I do not have the next job. So if I apply for my green card before this job ends DO I qualify to stay in USA without a job? My H1B visa is valid until February of 2012. My lawyer told me that if we apply for green card before then that gives me the right to stay in USA and on parole I should even be able to travel. Any insight from you will be very helpful.

Answer:

EB1A (extraordinary ability) is a self-petition category and it is not tied to any employer or sponsorship. If the priority dates, when you apply are current, you will be able to simultaneously apply for I-485 along with the I-140 green card petition. Pending I-485 is a legal status in the US and you will be eligible to apply for EAD and advanced parole (AP) also. With EAD you will be able to work without any visa and with AP you will able to travel abroad. When I-485 is pending, you can stay in this country even without any job.

Please see the free e-book at the following website for detailed explanation of self-petition process.

Best of luck

USCIS Updates Information on FY2010 H-1B Petition Filings

Applies to: H1B petitions

Source: USCIS

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced information on the number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.

Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.

USCIS will provide regular updates on the processing of FY2010 H-1B petitions.

USCIS Updates Count of FY2010 H-1B Petition Filings

Source: USCIS

Applicable to: H1B applicants

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap.  The agency continues to accept petitions subject to the general cap.

Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable.  Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7.  For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.

USCIS will provide regular updates on the processing of FY2010 H-1B petitions.  The updates can be found on the USCIS’ Web site at www.uscis.gov/h-1b_count.