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在PERM申请批准后,I-140申请流程可能需要多长时间? 2017-01-03 12:11:23

After PERM Application Approval,How Long the I-140 Petition Process Will Likely Take?


Question:

My employer has started the PERM Labor Certification application for me. After the PERM application approval, how long the I-140 petition process will likely take?


Answer:

After the U.S. Department of Labor (DOL) approves the PERM Labor Certification application, the U.S. employer can file an Form I-140 petition with U.S. Citizenship and Immigration Services (USCIS). The Form I-140 petition should includes the original approved PERM application in which the U.S. employer and the alien beneficiary worker must sign it. 


The Form I-140 petition should also include the evidence of the U.S. employer’s ability to pay the alien worker’s salary, and documents confirming that the alien beneficiary is qualified for the position, such as a copy of the alien worker’s educational degrees. The approved PERM Labor Certification application is only valid for a certain period of time, therefore the Form I-140 petition must be filed within this validity period. Otherwise the PERM Labor Certification application will expire, and the employer must start over again.


Generally, USCIS may take at least four months for I-140 decisions, and it can take USCIS much longer to adjudicate the Form I-140 petitions. Also, there is an expediting option available, Form I-140 Premium Service, for Form I-140 petition. The employer can pay an extra $1000 fee and request premium processing within 15 calendar days of receipt. A USCIS officer will review the application and determine the appropriate action which would be an approval. Alternatively, an USCIS officer could issue a Request for Further Evidence (RFE), or a Notice of Intent to Deny (NOID). For the case of RFE, USCIS will make a decision within 15 days of receipt of the response.


http://www.greencardapply.com/question/question15/I140-Petition-Time_010215.htm

http://www.greencardapply.com/perm.htm








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为什么USCIS对H-1B,L-1或O-1签证持有人进行现场访问? 2017-01-03 12:10:07

Why Would the USCIS Conduct a Site Visit for Alien Workers in H-1B, L-1, or O-1 Status?


Question: 

I am in L-1B visa, and my co-worker with L-1B visa in another city has just had a "Site Visit" by USCIS. Why would the USCIS conduct a site visit? Is there anything I need to know or be careful for the possible site visit for my work place?  


Answer: 

A special office of U.S. Citizenship and Immigration Services (USCIS), called the Office of Fraud Detection and National Security (FDNS) will conduct a site visit for companies with alien workers in H-1B, L-1, or O-1 status. There may be a few red flags to trigger the FDNS to have a site visit. For example, the alien workers may be placed at a location that is different from the U.S. employer’s actual work location. These practice and work location arrangements are often occur with alien workers in the Information Technology (IT) field. 


Some U.S. service companies employ many alien workers as "consultant", and assign these consultants to work for their "end client" companies at the client's locations. Because these arrangements can be confusing for USCIS, the FDNS conducts the site visits to confirm that the worksite location explanation on the non-immigrant visa application Form I-129 for H-1B, L-1, or O-1 visa is correct, and that the U.S. service companies are truly the alien worker’s employer. 


It is very importance to provide true and accurate information on all H-1B, L-1, or O-1 visa applications. The USCIS' Office of Fraud Detection and National Security is very likely to conduct a site visit if the U.S. employer has previously committed immigration visa fraud. If the FDNS finds the fraud, it will carefully review all subsequent immigration petitions filed by the U.S. employer.  


http://www.greencardapply.com/question/question14/USCIS-Site-Visit_122014.htm

http://www.greencardapply.com/l1visa.htm








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如果我等待在美国重新结婚,该怎么办? 2017-01-03 12:07:42

What Should I Do If I Wait to Re-Marry here in the U.S.?


Question:

I came to U.S. with B-1 visa, and married a U.S. husband. Now, my divorce has taken a while to come through, and I am now out of status in U.S. If I wait to re-marry here in the U.S. with a U.S. Citizen or a Permanent Resident (Green Card holder). What should I do? 


Answer:

If you marry a U.S. Citizen, you can apply for Adjustment of Status inside U.S. However, if you marry a Permanent Resident, the mere filing of an immigrant visa I-130 petition on your behalf does not give you permission to remain in the United States.


However, beware of leaving the U.S. If you remain in the United States unlawfully for more than 180 days, you may not be able to return to the United States for 3 years. If you remain in the United States unlawfully for more than 1 year, you may not be able to return to the United States for 10 years. There are waivers of the 3 and 10 year bars, if you can prove extreme hardship to your spouse. However, USCIS interprets the words "extreme hardship" very narrowly. 


http://www.greencardfamily.com/question/question2016/Out_Of_Status_121116.htm

http://www.greencardfamily.com/index.htm







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联合提交USCIS表格I-751与麻烦的的婚姻 2017-01-03 12:06:27

Joint Filing USCIS Form I-751 with Troubled Marriage


Question:

I married to a U.S. citizen husband, and now I am in a difficult situation of failing marriage. We are in the process of divorce, can we still file USCIS Form  I-751 filings jointly?


Answer:

USCIS Form I-751 can be filed by a couple jointly, even it they are legally separated or in the process of divorce. But USCIS will review these Form I-751 applications carefully, because there is a potential indication that the marriage may not have been real at its beginning. 


In these I-751 application cases, the USCIS may issue a Request For Evidence (RFE) asking for response in certain time. This RFE will request a copy of documentation proving termination of the marriage, and a request to have the joint petition treated as a request for a waiver of the joint filing. This allows the alien applicant to obtain the waiver, if the marriage has been terminated, without having to re-file the I-751. 

    

If there is no response to the RFE, or the response does not establish that the marriage is terminated, the USCIS will adjudicate it as a joint petition. The result will depend on the evidence of real marriage. The I-751 application case may be forwarded to a USCIS field office for an in-person interview to determine if the marriage was real at the time when the couples entered into the marriage. It is often the case that a marriage is genuine at the outset, but ultimately does not survive.

 

http://www.greencardfamily.com/question/question2016/Form_I751_Troubled_Marriage_121216.htm

http://www.greencardfamily.com/citizenspouse.htm






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保荐人需要做什么来开始移民申请流程? 2017-01-03 12:04:22

What Does a Sponsor Need to Do to Start an Immigration Process?


Question:

For a family-based immigration, what does a sponsor need to do to start the immigration process for a U.S. Citizen's relative? 


Answer:

To start the immigration process for a U.S. Citizen's relative, there are two scenarios:


1). The Beneficiary is already in the United States in a nonimmigrant status: If the alien is an immediate relative of a U.S. Citizen then he/she does not need to be in nonimmigrant status, but does need to have been admitted into the U.S. with a valid visa. In this case, if the Beneficiary is an immediate relative of a U.S. citizen, the U.S. Citizen sponsor can file an immigration petition, and the Beneficiary can file an application for adjustment of status at the same time. 

If the Beneficiary belongs to one of the four Preferences, then only the immigration petition can be filed, and the Beneficiary has to wait for the immigrant visa number to become current before he or she may apply to adjust to permanent resident. During this waiting period, the Beneficiary needs to independently maintain a valid nonimmigrant status. 


2). The Beneficiary is outside the United States: In this case, the Sponsor needs to file an immigration petition and request that the USCIS notify a U.S. Consulate in the country where the Beneficiary lives. Once the immigration petition is approved, the National Visa Center of the U.S. State Department sends a forms and information package, "Packet 3", to the Sponsor. 


After the necessary forms are completed, the Beneficiary goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that the Beneficiary enters the United States on an immigrant visa, he or she becomes a U.S. permanent resident.


http://www.greencardfamily.com/question/question2017/Immigration_Process_010317.htm

http://www.greencardfamily.com/index.htm









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