Tag Archives: fee

F1, FAQ, OPT

Green card for master’s students

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Question:
I am  a graduate student in electrical engineering. I had few questions regarding the green card for master’s students on F-1. I have 3 international IEEE publications and 1 ordinary journal paper. My questions for you are as follows:

Q1:
What are the chances of getting EAD (Work authorization) for a master’s student if I apply after completing my master’s i.e., I will no more be on F-1 visa, I will be on OPT?

Answer:
OPT is also considered being on F1 status. You can get an EAD on OPT which will last for a year and can be extended for additional 17 months (for STEM fields).

If you are referring to EAD through Green card, you have to self-petition in EB1A (requires establishment of extraordinary ability) or EB2-NIW (requires you to show that your work is in national interest). In any category, the priority dates for your nationality should allow you to file i-485 in order to get an EAD.

In summary it is possible as long as you meet USCIS criteria.

Q2:
How many research publications are required? And what are the other important things or criteria looked into for giving an EAD?

Answer:
It is not just publications but how you show evidence of national interest. Please refer to USCIS criteria and our free e-book for answers to FAQ.

Q3:
Was there anyone who had applied for EAD while doing master’s or after completing his/her master’s? I know mostly PhD students apply for green cards.

Answer:
We have not helped any master’s students. Green card is not restricted to PhDs, anyone who meets USCIS criteria can apply.

Q4:
How much would be the entire amount required while applying for EAD or green card? And how much would it be if I go throw a lawyer?

Answer:
For EAD via Green card, you need to apply for i-140, i-485 and i-175. You can find the processing fee at USCIS website.

Lawyers charge anywhere from $3k and higher in addition to the application fee.

Question:
If I go through the entire process and by any chance my petition for EAD gets rejected. Will I lose my F-1 status?  If so, do I need to move completely back to my home country? Or is there any solution for it?

Answer:
We are assuming that you are referring to EAD via Green card. You will not lose your F-1 status. However, you will not be able to renew your F1 once you apply for i-485. When you apply for i-485, you are expressing intent to immigrate. Usually EAD application is not rejected, but i-485 can be.

You can find more information on F1 and green card on the following post.

FAQ, J1

GC application when J1 is about to end

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Question:
I’m on the verge of completing my postdoctoral stay here in the U.S. I have not got hold of my next opportunity. Consequently, I just have about a month to depart from the U.S.

In this context, I have the following questions:

Q 1:
Firstly, is it a good idea to apply for a GC at this stage as I don’t have a position in the U.S. as stated above and certainly not a H1B visa? (I came on J1 and had taken a waiver meaning that I do not have to necessarily stay in my home country for 2 years. This was a prerequisite to being eligible for H1B/ GC).

Answer:
Soon after you apply for i-485 now (assuming priority dates allow this), you will be eligible to stay in the USA legally. Your status will become “pending adjustment of status”.

Q 2:
Even if I can apply in this situation, is it worthwhile or necessary to initiate the application from here? I’m not sure if I can complete it though. As I understand the I-140 application would require all the documentation including reference letters to be obtained and then mailed in to the USCIS. Can I then continue with the process from my home country? Alternatively, can I start the entire process in my home country?

Answer:
You can file the petition while you are here or while you are in your home country. If you are in your home country, i-485 form needs to be filled differently (you will go to your local consulate for consular processing.)

Q 3:
I understand that the application is a two-step process but the applications can be submitted together if the “priority date were to be current”. What does this exactly mean? Also, how much fees would be involved in total?

Answer:
For a self-petition eb1a/eb2-niw, which does not involve labor certification, priority date is the date of i-140 filing. You can look up current visa bulletin to see if the priority dates are current for your country and the category you are applying for. For example, in the November 2011 bulletin, priority dates for Indian nationalities in eb2 is 01 Nov 07. Meaning applicants whose i-140 was applied on or prior to 01 Nov 07 are eligible to apply for i-485. On the other hand, since priority dates for eb1 is current for Indian nationalities they can apply at any time.

You can find the fee schedule at this link. To get green card you need to file i-140, 485 (along with bio-metric form). If you feel necessary, you can apply for EAD and Advanced Parole.

Q4:
Typically, how long does it take for the GC to be approved even if I-140 and I-485 are submitted together? It looks like it can take years.

Answer:
Depending on the country and category it can be anywhere from 6 months to several years. You can find current processing times on USCIS website.

General, News

New application fee for USCIS petitions starting Nov 23, 2010

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U.S. Citizenship and Immigration Services (USCIS) has a  new fee schedule that goes into effect starting Nov. 23, 2010.  According to USCIS,  “Applications or petitions postmarked or otherwise filed on or after this date must include the new fee, or they will be rejected”. After a comprehensive review of public comments, USCIS published the new fee schedule in the Federal Register on Sept. 24, 2010. The new fee schedule increases application and petition fees by an average of about 10 percent. Some relevant application fee changes are mentioned below.

Form No.

Application/Petition Description

Existing Fees (effective through Nov. 22, 2010

Adjusted Fees (effective beginning Nov. 23, 2010)
I-140 Immigrant Petition for Alien Worker $475 $580
I-485 Application to Register Permanent Residence or Adjust Status $930 $985
I-131 Application for Travel Document $305 $360
I-765 Application for Employment Authorization $340 $380
Biometrics Capturing, Processing, and Storing Biometric Information $80 $85
FAQ

Green card and PHD

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Question:

Can you please let me know the process to apply for green card with PHD

Thanks
Answer:

In general the process is not very much different from other GC application processes. Phd’s have an advantage that they have a strong background to satisfy the USCIS requirements in the EB1A or EB2-NIW categories which allows them to  self-petition for their green card. The key difference from the employer sponsored categories is that these categories can request an exception from labor certification requirement.

The actual process involves preparing a petition and applying an I-140 (petition for permanent residency) first. If the priority dates for your country and category are current, then you can simultaneously apply for I-485(adjustment of status). If not, you generally wait till they become current and apply for I-485. When you become eligible to apply for I-1485, you can also apply for an EAD (employment authorization) and advanced parole (for travel purposes), if needed.

I-140 petition is the key part of the GC application. Here the goal is to satisfy a sub-set of a requirements listed by USCIS (you can find these on their website). For this purpose you will have to build documents that provide the justification and supporting evidence. For example for EB2-NIW you have to satisfy at least three of the following;

  1. An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
  2. Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
  3. A license to practice the profession or certification for a particular profession or occupation;
  4. Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
  5. Evidence of membership in professional associations; or
  6. Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.

PS: On a side note, the example petition in the self-petition packets on our website will provide you with set-by-step information on the application process.

Best of luck