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EB-1A和NIW申请不需要填写I-485补充表格J 2017-03-04 11:38:13

Not Need to File Form I-485 Supplement J for Approved EB-1A and NIW Petitioner


Question,

My Form I-140 petition in the EB-1A category has been approved, and I will file Form I-485 application to get my Green Card, do I need to file  Form I-485 supplement J?


Answer,

Unless you are filing Form I-485 together with Form I-140 that names you as the principal beneficiary, you must file Supplement J at the time you file your Form I-485 to confirm that the job offered to you in the underlying Form I-140 is still bona fide and available to you. USCIS may request that you file Supplement J again prior to final processing of your Form I-485.


If the alien applicant is filing Form I-485 application based on an approved or pending Form I-140 petition, the Form I-485 supplement J is generally required. 

If the alien applicant having a pending I-485 application qualifies for AC-21 job portability, a supplement J must be submitted to the USCIS to request that the previously filed I-485 adjustment of status application be approved, on the basis of a change of employers or a new job with the same employer, if the new employment is considered a “a same or similar” position. Also, the supplement J may be filed proactively by the alien applicant at any time. Otherwise, prior to approving the I-485 application, the USCIS may issue a Request For Evidence (RFE) or Notice of Intent to Deny (NOID) to request an updated supplement J.


Supplement J must be filled out in its entirety, and must be signed in the original. The supplement requests information about the sponsoring employer and the proposed job. There is no filing fee for submitting a supplement J.


But the supplement J is not required in the following situations:

    1) Form I-485 supplement J is not required, if the Form I-140 petition is being filed concurrently with the Form I-485

    2) Form I-485 supplement J is not required, if the I-485 is being filed based on a National Interest Waiver (NIW) I-140 application;

    3) Form I-485 supplement J is not required, if the I-485 is being filed based on a EB1 Extraordinary Ability (EB-1A) I-140 application.


Individuals seeking or granted a EB2 National Interest Waiver (EB2 NIW) of the job offer requirement, and individuals seeking or granted classification as an alien of EB1 Extraordinary Ability (EB-1A), do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer. 

Also, individuals seeking or granted classification as an alien of EB1 Extraordinary Ability or seeking or granted a National Interest Waiver of the job offer requirement do not have to file Supplement J, when filing Form I-485 or to request job portability under AC-21 job portability.


http://www.greencardapply.com/question/question17/I485_Supplement_J_EB1A_022817.htm

http://www.greencardapply.com










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I-485申请补充J表格申请 2017-03-04 11:36:06

Do I Need to File  Form I-485 Supplement J also?


Question,

I  will file Form I-485 application for my status adjustment after the Form I-140 approval, do  I need to file  Form I-485 supplement J  also?


Answer,

U.S. Citizenship and Immigration Services (USCIS) has released Form I-485 supplement J, a form used in conjunction with Form I-485 application to adjust status. The Form I-485 supplement J is used to provide confirmation of job offer from U.S. employer, and to notify the USCIS in cases where the job is ported to a new employer or a new job.


Form I-485 supplement J provides a standardized way of verification that a job offer continues to exist, or of notifying the USCIS of a new job offer. Although this does not make any substantive changes to the requirements to qualify for an employment-based Green Card application, it is still important to understand the requirements for when this supplement must be submitted.


The Form I-485 supplement J should be included with Form I-485 application submission. The supplement J is used for one of the two purposes:


1) Confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved; or


2) Request job portability under AC-21 job portability to a new, full-time, permanent job offer that you intend to accept once your Form I-485 is approved.  This new job offer must be in the same or a similar occupational classification as the job offered to you in Form I-140 that is the basis of your Form I-485.


In adjudicating Supplement J, U.S. Citizenship and Immigration Services (USCIS) does not make a determination whether you have current work authorization with an employer. The basis for adjustment of status to lawful permanent resident under a valid Form I-140 is not actual (current) employment. Rather, the basis is prospective employment. Therefore, the adjudication of Supplement J, for applicants requesting job portability under AC-21 job portability, is primarily limited to a determination of whether you have a bona fide job offer from a U.S. employer that is in the same or a similar occupational classification as the position for which the underlying Form I-140 was filed and approved.


Individuals seeking or granted a EB2 National Interest Waiver (EB2 NIW) of the job offer requirement, and individuals seeking or granted classification as an alien of EB1 Extraordinary Ability (EB-1A), do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer. Also, individuals seeking or granted classification as an alien of EB1 Extraordinary Ability or seeking or granted a National Interest Waiver of the job offer requirement do not have to file Supplement J, when filing Form I-485 or to request job portability under AC-21 job portability.


http://www.greencardapply.com/question/question17/I485_Supplement_J_022717.htm

http://www.greencardapply.com












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我将符合I-485表格申请调整地位的资格吗? 2017-03-04 11:33:43

Will I Be Eligible for Form I-485 Application for Adjustment of Status?


Question,

I had a H-1B visa vefore. I have accrued more than 2 months of unlawful stay in U.S., will I be eligible for Form I-485 application for adjustment of status? What are the penalties for accruing unlawful stay? 


Answer,

If you are currently in United States unlawfully, then it is unlikely you are qualify to file USCIS Form I-485 application for adjustment of status inside U.S. The Form I-485 application is for people who has valid visa or status in the United States. 


If you came to U.S. on a temporary visa, such as a tourist visa, H-1B or L1 visa, F-1 visa, J1 exchange visa, or other visa categories, you are required to either leave the U.S. before your authorized stay expires, or successfully apply for an extension of your stay. You can find the date that you are expected to leave U.S. on the I-94 card that the U.S. border official placed in your passport when you entered U.S. 


If you apply for a visa or status renewal, you should make sure to submit the renewal application, such as Form I-539 application, to U.S. Citizenship and Immigration Services (USCIS) before the date shown on your I-94 card. Once you have submitted your renewal application, you can lawfully stay in the United States while awaiting a decision.


If you become eligible for Green Card application for U.S. permanent residence while you are on a nonimmigrant visa, you are then able to submit Form I-485 application for adjustment of stats before your visa expires, and receive a Green Card. However, if your visa runs out before you submit your Form I-485 application for adjustment of status, you are considered to be in the United States unlawfully, and you may not be apply for adjustment of status inside United States.


The U.S. immigration law has created various penalties for people who stay in U.S. unlawfully, such as not ineligible to apply for a Green Card from within the United States. But you may be able to go to a U.S. consulate in your home country and complete your Green Card application process there - referred to as the "consular processing" procedure.


But there are other penalties for unlawful stay in Unoted States. If you have spent more than 180 days in the United States unlawfully, and then leave U.S.,  such as for an immigrant visa/green card interview, you will be required to spend three years outside the United States before returning. If your unlawful stay was for one year or more, than you face a ten-year bar on returning. 


http://www.greencardapply.com/question/question17/I485_Application_Eligible_022017.htm

http://www.greencardapply.com











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F-1学生的H-1B申请后的延期和就业 2017-03-04 11:32:09

The Status Extension and Employment after a H-1B Petition for F-1 Student


Question,

I am a beneficiary of an H-1B petition filed by an U.S. employer, and I am now in my 60-day grace period following the end of my OPT employment authorization. 

May I benefit from an automatic status extension? If yes, would I be able to continue employment? or will it just extend my grace period until the October 1 employment start date? 


Answer,

The H-1B petition requesting for change of status has to be timely filed, which is defined as filing before your current nonimmigrant status expires. In addition, the duration of status while on OPT is defined as including the 60-day grace period. Furthermore, the USCIS rule also states that any employment authorization is extended if an H-1B petition is timely filed. 


Based on USCIS rule, if an H-1B petition with change of status is timely filed before your current F-1 status expires, then you may be able to take advantage of both the automatic extension of status and the automatic extension of employment authorization. 


http://www.greencardapply.com/question/question17/F1_Grace_Period_021917.htm

http://www.greencardapply.com







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Dhanasar决定对企业家国家利息豁免申请的影响 2017-03-04 11:30:31

The Dhanasar Decision's Impacts on National Interest Waiver Application for Entrepreneurs


Question,

What are the Dhanasar case decision's impacts on the EB2 National Interest Waiver Application for foreign entrepreneurs?


Answer,

The Dhanasar case decision opens the NIW category to entrepreneurs. The decision reviews the history of NIWs and what did and did not work in the past. This decision will make NIW green cards more accessible in general, and specifically for entrepreneurs. Here are the few aspects of the new decision:


1) The case allows using the person’s degrees and experience. This benefits highly educated entrepreneurs.


2) The case allows teaching as evidence. So an entrepreneur who also teaches in his or her field will now get a boost in the NIW category.

 

3) The benefit to the U.S. interest can be local, such as helping to create jobs in a depressed area or creating a specialized local product. Entrepreneurs can argue the impact of their work on the economy, starting regionally, and then adding national supply chain implications if applicable.

 

4) Dhanasar decision specifically notes that entrepreneurial work can lead to an NIW petition approval. This has been on the USCIS website for several years, but now it is even clearer. The decision notes that “evidence that the endeavor has significant potential to employ U.S. workers, or has other substantial positive economic effects may well be understood to have national importance.”

 

5) The decision also notes that the entrepreneurial venture does not need to succeed: “many innovations and entrepreneurial endeavors may ultimately fail, in whole or in part, despite an intelligent plan and competent execution. We do not, therefore, require petitioners to demonstrate that their endeavors are more likely than not to ultimately succeed.” The business just needs to be “well positioned to advance the proposed endeavor.” This stresses the importance of a high quality business plan for entrepreneur's NIW petitions.

 

6) The decision requires an NIW applicant to show that it would be “impractical” to go through the normal labor certification process. The labor certification is the most common form of employer-sponsored Green Card application. But for entrepreneurs, it can be difficult because labor certification requires a full time job offer at a competitive salary, and evidence that the company has the ability to pay that salary.

 

As always, NIW immigration category is a chance for creativity in showing a foreign national’s talents.


http://www.greencardapply.com/question/question17/NIW_Entrepreneurs_020717.htm

http://www.greencardapply.com








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