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Cap gap extension: Under the new rule, the cap gap extension is a period in which an eligible F-1 student’s status is automatically extended to bridge the gap between the end of F-1 status and start of H-1B status. If the student is in a period of authorized post-completion OPT on or after the...

Without the J1 Two Year rule, you can apply for H1B visa in US. There is NO "H-1B waiver". You may neex to meeet the FY 2011 H-1B Cap (see http://www.greencardapply.com/news/news10/news10_0409.htm)

There is NO phone number or web site from DOS to check the Advisory Opinion progress. To get an Advisory Opinion, write to the United States Department of State (DOS). The DOS is responsible for the administration of the Exchange Visitor program and the two-year foreign residence requirement...

Following the completion of the J1 program, a Grace Period is defined on the Form DS-2019, USCIS allows participants a 30-day travel period commonly referred to as the "Grace Period." During this 30-day grace period, participants are no longer in J-visa status, and are under the jurisdiction of...

Currently J-1 visa waiver applicants may type the form online or download the form and complete it manually. When the form is completed online the applicant receives a bar-code page which he/she prints and sends to the lock-box with the processing fee and other required documents. The data...

YOu can change the employer, and still should be able to "use the previous priority date to apply for I-140/I-485: borrow the priority date from the EB-3 PERM labor certification application to file the EB-2 based I-140/I-485 applications. "

1) You may be able to claim for the EB-1A in Original contribution to the field criteria, with 120+ citations. 2) marquis who is who in the world, can clainm in Published material about the alien in professional or major trade publications => No, you can not claim this one.

You may qualify for EB1-EA: 1) Publication (papers + abstracts + citations) 2) Membership (Memberships in different societies requires PhD degrees and atleast two nominations) 3) Judge of others (Reviewer for 8 Journals and reviewed 10 papers) 4) Not sure about your "original...

You was denied on the basis of Education qualification, so it looks like you do not qualify for EB2. Since you are in the EB3 appeal process, you can not file EB3 again at this time. Also, you should not change job at this time, because you I-140 have not been approved yet and no I-485...

You can not apply for I-485 under EB-2 by providing eligible documents, based on the approved EB-3 labor certification. You can start EB-2 labor certification, and use the previous priority date to apply for I-140/I-485: borrow the priority date from the EB-3 PERM labor certification...

The message posted by "Steadfast" is not ture! There are strict requirements for H1B/Green Card sponsor - A U.S. employer, and the alien applicant should not be a owner (no self-employment) or part of the owner. Also, the employer should has a real business need for the position you fill...

Your attorney is right, just file a new I-130, and get the I-130 approved, then tie the approved I-130 to the pending I-485. Please also see http://www.greencardfamily.com/i485.htm

When a foreign national marries a U.S. permanent resident, he or she is considered as a close relative of the U.S. permanent resident. There are numerical limitations to this family-based category, and the U.S. permanent resident spouse (husband or wife) in the U.S. can file an application for...

During the Citizenship interview, you will have a Naturalization Test first. For unemployment, it should not be a problem, because there are many people are unemployed and you are just one of them. But you may need to explain your financial situation and how to suport yourself and family...

For EB1 or NIW petition, the recommendation letters should be got from experts in your field, not from "Senator, Congressman, governor". Becase the USCIS is looking for your achievement and contrinutions in the field. Please see the related questions in the...

Yes, you can change your status in US to L2. You should be able to change status and apply for EAD at the same time. But is it better to get the L2 status first, just to make sure it gets approved, then apply for EAD. (also see http://www.greencardapply.com/news/news06/news06_1123.htm)

If you made mistake in the first L1-B petition, and you have new evidence to overcome it, then you can consider a simple refiling. The appeal takes time and it is difficult to the good result for you. The success rate of appeal is low. Filing an appeal usually means a long wait, typically...

For K3 vis application, the Affidavit of Support should be form Form I-134 - Affidavit of Support, not form I-864. But the following "One-Year" Tax Return should be same for Form I-134 also: USCIS Accepts Latest "One-Year" Tax Return (Not Three Years) for Affidavit of Support I-864 Supporting...

Once the Form I-129F petition has been reviewed and approved by the USCIS, the petition is forwarded to the U.S. Department of State’s National Visa Center. At this stage, a background check is initiated on both parties. Once this is completed, the petition is forwarded to the embassy or...

there is NO relationship of "employer-employee" For OPT only, the "Independant Contractor" may be fine. But you should avoid it if you can. For other working visa, like H1B, L1 visa, you should not take the job as "Independant Contractor". The problem for "Independant Contractor" is...